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    Government

    The High Court Report – SCOTUS Oral Arguments

    The High Court Report makes Supreme Court decisions accessible to everyone.
    We deliver comprehensive SCOTUS coverage without the legal jargon or partisan spin—just clear analysis that explains how these cases affect your life, business, and community.

    What you get: Case previews and breakdowns, raw oral argument audio, curated key exchanges, detailed opinion analysis, and expert commentary from a practicing attorney who’s spent 12 years in courtrooms arguing the same types of cases the Supreme Court hears.

    Why it works: Whether you need a focused 10-minute update or a deep constitutional dive, episodes are designed for busy professionals, engaged citizens, and anyone who wants to understand how the Court shapes America.

    When we publish: 3-5 episodes weekly during the Court’s October-June term, with summer coverage of emergency orders and retrospective analysis.

    Growing archive: Oral arguments back to 2020 and expanding, so you can hear how landmark cases unfolded and track the Court’s evolution.
    Your direct line to understanding the Supreme Court—accessible, thorough, and grounded in real legal expertise.**

    Advertise

    Copyright: © Copyright 2025 The High Court Report

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    Latest Episodes:
    Opinion Summary: E.M.D. Sales, Inc. v. Carrera | Date Decided: 1/15/25 | Case No. 23-217 Jan 15, 2025
    Show notes

    Case Info: E.M.D. Sales, Inc. v. Carrera | Date Decided: 1/15/25 | Case No. 23-217

    Link to Docket: Here.

    Question Presented: Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence-as six circuits hold-or clear and convincing evidence, as the Fourth Circuit alone holds.

    Holding: The preponderance of the evidence standard applies when an em­ployer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime-pay provisions of the FLSA.

    Result: Reversed and remanded.

    Voting Breakdown: 9-0. Justice Kavanaugh delivered the opinion for a unanimous Court. Justice Gor­such filed a concurring opinion, in which Justice Thomas joined.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioners: Lisa S. Blatt, Washington, D. C.; and Aimee W. Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
    • For respondents: Lauren E. Bateman, Washington, D. C.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


    Opinion Summary: Royal Canin U.S.A. v. Wullschleger | Date Decided: 1/15/25 | Case No. 23-677 Jan 15, 2025
    Show notes

    Case Info: Royal Canin U.S.A. v. Wullschleger | Date Decided: 1/15/25 | Case No. 23-677

    Link to Docket: Here.

    Questions Presented:

    1. Whether such a post-removal amendment of the complaint defeats federal-question subject-matter jurisdiction.
    2. Whether such a post-removal amendment of the complaint precludes a district court from exercising supplemental jurisdiction over the plaintiffs remaining state-law claims pursuant to 28 U.S.C. § 1367.

    Holding: When a plaintiff amends her complaint to delete the federal-law claims that enabled removal to federal court, leaving only state-law claims behind, the federal court loses supplemental jurisdiction over the state claims, and the case must be remanded to state court.

    Result: Affirmed.

    Voting Breakdown: Justice Kagan delivered the opinion for a unanimous Court.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioners: Katherine B. Wellington, Boston, Mass.
    • For respondents: Ashley C. Keller, Chicago, Ill.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


    Oral Argument: Free Speech Coalition v. Paxton | Case No. 23-1122 | Date Argued: 1/15/25 Jan 15, 2025
    Show notes

    Case Info: Free Speech Coalition v. Paxton | Case No. 23-1122 | Date Argued: 1/15/25

    Link to Docket: Here.

    Background:

    This Court has repeatedly held that States may rationally restrict minors' access to sexual materials, but such restrictions must withstand strict scrutiny if they burden adults' access to constitutionally protected speech. See, e.g., Ashcroft v. ACLU, 542 U.S. 656, 663 (2004). In the decision below, the Fifth Circuit applied rational-basis review-rather than strict scrutiny-to vacate a preliminary injunction of a provision of a Texas law that significantly burdens adults' access to protected speech, because the law's stated purpose is to protect minors.

    Question Presented: Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done.

    Oral Advocates:

    • For Petitioners: Derek L. Shaffer, Washington, D.C.
    • For United States, as amicus curiae: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.
    • For Respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.


    Oral Argument: Thompson v. United States | Case No. 23-1095 | Date Argued: 1/14/25 Jan 14, 2025
    Show notes

    Case Info: Thompson v. United States | Case No. 23-1095 | Date Argued: 1/14/25 | Date Decided: 3/21/25

    Link to Docket: Here.

    Question Presented: Whether 18 U.S.C. § 1014, which prohibits making a "false statement" for the purpose of influencing certain financial institutions and federal agencies, also prohibits making a statement that is misleading but not false.

    Holding: 18 U.S.C. § 1014, which prohibits “knowingly mak[ing] any false state­ment,” does not criminalize statements that are misleading but not false.

    Result: Vacated and remanded.

    Voting Breakdown: Chief Justice Roberts delivered the opinion for a unanimous Court. Justices Alito and Jackson each filed concurring opinions.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: Chris C. Gair, Chicago, Ill.
    • For respondent: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

    Website Link to Opinion Summary: Here.

    Apple Podcast Link to Opinion Summary: Here.


    Oral Argument: Waetzig v. Halliburton Energy Services | Case No. 23-971 | Date Argued: 1/14/25 Jan 14, 2025
    Show notes

    Waetzig v. Halliburton Energy Services | Case No. 23-971 | Date Argued: 1/14/25 | Date Decided: 2/26/25

    Link to Docket: Here.

    Background:

    Federal Rule of Civil Procedure 60(b) empowers district courts, on just terms and under circumstances specified in that Rule, to "relieve a party or its legal representative from a final judgment, order, or proceeding."

    Question Presented: Whether a Rule 41 voluntary dismissal without prejudice is a "final judgment, order, or proceeding" under Rule 60(b).

    Holding: A case voluntarily dismissed without prejudice under Rule 41(a) counts as a “final proceeding” under Rule 60(b).

    Result: Reversed and remanded.

    Voting Breakdown: Justice Alito delivered the opinion for a unanimous Court. No justice filed a concurring or dissenting opinion.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: Vincent Levy, New York, N. Y.
    • For respondent: Matthew D. McGill, Washington, D. C.

    Website Link to Opinion Summary: Here.

    Apple Podcast Link to Opinion Summary: Here.


    Oral Argument: Stanley v. City of Sanford | Case No. 23-997 | Date Argued: 1/13/25 Jan 13, 2025
    Show notes

    Case Info: Stanley v. City of Sanford | Case No. 23-997 | Date Argued: 1/13/25

    Link to Docket: Here.

    Question Presented: Under the Americans with Disabilities Act, does a former employee-who was qualified to perform her job and who earned post-employment benefits while employed-lose her right to sue over discrimination with respect to those benefits solely because she no longer holds her job?

    Holding: To prevail under §12112(a), a plaintiff must plead and prove that she held or desired a job, and could perform its essential functions with or without reasonable accommodation, at the time of an employer's alleged act of disability-based discrimination.

    Result: Affirmed.

    Voting Breakdown: 7-2. Justice Gorsuch delivered the opinion of the Court with respect to Parts I and II, in which Chief Justice Roberts, and Justice Thomas, Justice Alito, Justice Kagan, Justice Kavanaugh, and Justice Barrett joined, and an opinion with respect to Part III, in which Justice Alito, Justice Sotomayor, and Justice Kagan joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Barrett joined. Justice Sotomayor filed an opinion concurring in part and dissenting in part. Justice Jackson filed a dissenting opinion, in which Justice Sotomayor joined as to Parts III and IV, except for n. 12.

    Link to Opinion: Here.

    Oral Advocates:

    • For Petitioner: Deepak Gupta, Washington, D.C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
    • For Respondent: Jessica C. Conner, Orlando, Fla.


    Oral Argument: Hewitt v. United States | Case No. 23-1002 | Date Argued: 1/13/25 Jan 13, 2025
    Show notes

    Case Info: Hewitt v. United States | Case No. 23-1002 | Date Argued: 1/13/25

    This case was consolidated with: Duffey V. United States, Case No. 23-1007.

    Link to Docket: Here.

    Background:

    The First Step Act (FSA) significantly reduced the mandatory minimum sentences for several federal drug and firearm offenses. First Step Act of 2018, Pub. L. No. 115- 391, §§ 401, 403, 132 Stat. 5194, 5220-5222. Sections 401 and 403 apply to offenses committed after the FSA's enactment on December 21, 2018, and to "any offense that was committed before the date of enactment * * * if a sentence for the offense has not been imposed as of such date of enactment." FSA§§ 401(c), 403(b).

    There is an acknowledged split between the Third, Seventh, and Ninth Circuits, on the one hand; and the Fifth and Sixth Circuits, on the other hand, on the question whether sections 401(c) and 403(b) apply when a pre-enactment sentence is vacated and the court must impose a new post-enactment sentence.

    Question Presented: Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the FSA's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA's enactment.

    Holding: Under § 403(b) of the First Step Act, a sentence "has . . . been imposed" for purposes of that provision if, and only if, the sentence is extant—i.e., has not been vacated. Thus, the Act's more lenient penalties apply to defendants whose previous § 924(c) sentences have been vacated and who need to be resentenced following the Act's enactment.

    Result: Reversed and remanded.

    Voting Breakdown: 5-4. Justice Jackson delivered the opinion of the Court with respect to Parts I, II, and III, in which Chief Justice Roberts and Justices Sotomayor, Kagan, and Gorsuch joined, and an opinion with respect to Parts IV and V, in which Justices Sotomayor and Kagan joined. Justice Alito filed a dissenting opinion, in which Justices Thomas, Kavanaugh, and Barrett joined.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioners: Michael B. Kimberly, Washington, D.C.
    • For respondent in support of petitioners: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
    • For Court-appointed amicus curiae in support of judgment below: Michael H. McGinley, Washington, D.C.


    Oral Argument: TikTok, Inc. v. Garland, Att'y Gen. | Case No. 24-656 | Date Argued: 1/10/25 Jan 10, 2025
    Show notes

    Case Info: TikTok, Inc. v. Garland, Att'y Gen. | Case No. 24-656 | Date Argued: 1/10/25 | Date Decided: 1/17/25

    Link to Docket: Here.

    Question Presented: Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to Petitioners, violates the First Amendment.

    Holding: The challenged provisions do not violate petitioners’ First Amendment rights.

    Result: Affirmed.

    Voting Breakdown: The Supreme Court wrote a Per Curiam unanimous opinion. Justice Sotomayor wrote an opinion that concurred in part and concurred in the judgment. Justice Gorsuch wrote an opinion that concurred in the judgment.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioners TikTok Inc., et al.: Noel J. Francisco, Washington, D. C.
    • For petitioners Firebaugh, et al.: Jeffrey L. Fisher, Melo Park, Cal.
    • For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.

    Host Note: Consolidated with: Firebaugh v. Garland, Case No. 24-657.

    Website Link to Opinion Summary: Here.

    Apple Podcast Link to Opinion Summary: Here.


    Oral Argument: Dewberry Group, Inc. v. Dewberry Engineers Inc. | Case No. 23-900 | Date Argued: 12/11/24 Dec 11, 2024
    Show notes

    Case Info: Dewberry Group, Inc. v. Dewberry Engineers Inc. | Case No. 23-900 | Date Argued: 12/11/24 | Date Decided: 2/26/25

    Link to Docket: Here.

    Question Presented: Whether an award of the "defendant's profits" under the Lanham Act, 15 U.S.C. § 1117(a), can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.

    Holding: In awarding the “defendant’s profits” to the prevailing plaintiff in a trademark infringement suit under the Lanham Act, §1117(a), a court can award only profits ascribable to the “defendant” itself. And the term “defendant” bears its usual legal meaning: the party against whom relief or recovery is sought—here, Dewberry Group. The Engi­neers chose not to add the Group’s affiliates as defendants. Accord­ingly, the affiliates’ profits are not the (statutorily disgorgable) “de­fendant’s profits” as ordinarily understood.

    Result: Vacated and remanded.

    Voting Breakdown: Justice Kagan delivered the opinion for a unanimous Court. Justice Sotomayor filed a concurring opinion.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: Thomas G. Hungar, Washington, D. C.
    • For United States, as amicus curiae: Nicholas S. Crown, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
    • For respondent: Elbert Lin, Richmond, Va.

    Website Link to Opinion Summary: Here.

    Apple Podcast Link to Opinion Summary: Here.


    Opinion Summary: Bouarfa v. Mayorkas | Date Decided: 12/10/24 | Case No. 23-583 Dec 10, 2024
    Show notes

    Case Info: Bouarfa v. Mayorkas | Date Decided: 12/10/24 | Case No. 23-583

    Link to Docket: Here.

    Question Presented: Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria.

    Holding: Revocation of an approved visa petition under § 1155 based on a sham-marriage determination by the Secretary is the kind of discretion­ary decision that falls within the purview of § 1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions “in the discretion of” the agency.

    Result: Affirmed.

    Voting Breakdown: Justice Jackson delivered the opinion for a unanimous Court. No justice filed a concurring or dissenting opinion.

    Link to Opinion: Here.

    Oral Advocates:

    • For petitioner: Samir Deger-Sen, New York, N. Y.
    • For respondents: Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

    Website Link to Oral Argument: Here.

    Apple Podcast Link to Oral Argument: Here.


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