What SCOTUS Wrote Us

Final Episode

I hope you will follow me to my Youtube channel where I will continue to offer free access to all 350+ past episodes and audio of future high-profile Supreme Court opinions. 

www.whatSCOTUSwroteus.com

NEW: Bissonnette v. LePage Bakeries | Federal Arbitration Act, Transportation Workers

Listen to the unanimous opinion of the Supreme Court in Bissonnette v. LePage Bakeries Park St., LLC., decided April 12, 2024.

 

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NEW: FBI v. Fikre | Mootness, No Fly List

The unanimous opinion of the Supreme Court in Federal Bureau of Investigation v. Fikre, decided March 19, 2024.

 

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NEW: DeVillier v. Texas | Fifth Amendment Takings Clause

The unanimous opinion of the Court in DeVillier v. Texas, decided April 16, 2024.

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Live Summary of the Trump Criminal Cases | Palomar College

I have something a little different for you today: since I often read documents from the Trump cases on the show, I thought my super nerds might be interested in hearing the audio from a guest lecture I gave last week summarizing the four Trump criminal cases at a Palomar College event held every semester called the Political Economy Days Lecture Series. 

If you would like to watch a video version, click here.

 

MacQuarie Infrastructure v. Moab Partners | Securities Exchange Act § 10(b)

The unanimous opinion of the Supreme Court in MacQuarie Infrastructure Corporation, et al. v. Moab Partners, L.P., et al., decided April 12, 2024.

The Court is asked whether the Second Circuit erred in holding-in conflict with the Third, Ninth, and Eleventh Circuits- that a failure to make a disclosure required under Item 303 can support a private claim under Section l0(b), even in the absence of an otherwise- misleading statement.

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Part 2: Pulsifer v. United States | Safety-valve Relief, Mandatory Minimum Sentences

Part 2 of 2 of the opinion of the Supreme Court in Pulsifer v. United States, decided March 15, 2024.

https://www.supremecourt.gov/opinions/23pdf/22-340_p86a.pdf

A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U. S. C. §3553(f)(1) only if the defendant satisfies each of the provision’s three conditions.

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Pulsifer v. United States | Safety-valve Relief, Mandatory Minimum Sentences

Part 1 of 2 of the opinion of the Supreme Court in Pulsifer v. United States, decided March 15, 2024.

A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U. S. C. §3553(f)(1) only if the defendant satisfies each of the provision’s three conditions.

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WhatSCOTUSWroteUs.com

Part 3: Trump v. United States | Brief for the United States

Today I'll be reading Special Counsel Jack Smith's Brief for the United States in Donald Trump v. United States (filed April 8, 2024) - the Supreme Court case in which Donald Trump asserts that presidents have absolute criminal immunity. The brief is 49 pages long, so I will be recording it in several segments.

If you are interested in listening to the oral arguments in this case, they are scheduled to take place later this month on April 25th at 10 am eastern time. You can listen to the oral arguments as they happen on the Supreme Court website supremecourt.gov.

Listen to What SCOTUS Wrote Us wherever you get podcasts.

Part 2: Trump v. United States | Brief for the United States

Today I'll be reading Special Counsel Jack Smith's Brief for the United States in Donald Trump v. United States (filed April 8, 2024) - the Supreme Court case in which Donald Trump asserts that presidents have absolute criminal immunity. 

If you are interested in listening to the oral arguments in this case, they are scheduled to take place later this month on April 25th at 10 am eastern time. You can listen to the oral arguments as they happen on the Supreme Court website supremecourt.gov.

Listen to What SCOTUS Wrote Us wherever you get podcasts.

 

Part 1: Trump v. United States | Brief for the United States

Today I'll be reading Special Counsel Jack Smith's Brief for the United States in Donald Trump v. United States (filed April 8, 2024) - the Supreme Court case in which Donald Trump asserts that presidents have absolute criminal immunity. The brief is 49 pages long, so I will be recording it in several segments.

If you are interested in listening to the oral arguments in this case, they are scheduled to take place later this month on April 25th at 10 am Eastern time. You can listen to the oral arguments as they happen on the supreme court website supremecourt.gov

 

Listen to What SCOTUS Wrote Us wherever you get podcasts.

WhatSCOTUSWroteUs.com

Part 2: U.S. v. Trump | DOJ Response to Judge Cannon's Jury Instructions Order (Documents Case)

Listen to Special Counsel Jack Smith's April 2, 2024 filing responding to Judge Cannon's order requiring preliminary proposed jury instructions and verdict forms on counts 1-32.

If you need a quick explainer on the Presidential Records Act, check out mine.

 

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WhatSCOTUSWroteUs.com

Part 1: U.S. v. Trump | DOJ Response to Judge Cannon's Jury Instructions Order (Documents Case)

Listen to Special Counsel Jack Smith's April 2, 2024 filing responding to Judge Cannon's order requiring preliminary proposed jury instructions and verdict forms on counts 1-32.

If you need a quick explainer on the Presidential Records Act, check out mine.

 

Listen to What SCOTUS Wrote Us wherever you get podcasts.

WhatSCOTUSWroteUs.com

Lindke v. Freed | Social Media, Public Officials, First Amendment

When does a public official’s social media activity constitute state action subject to the First Amendment? Listen to the unanimous opinion of the Supreme Court in Lindke v. Freed (March 15, 2024) and find out.

 

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Concurrences, Trump v. Anderson | Colorado Republican Primary Ballot

Today I'll be reading both concurring opinions (which read like dissents) in Donald J. Trump v. Norma Anderson et al., decided March 4, 2024.

 

Trump v. Anderson | Colorado Republican Primary Ballot

Today I'll be reading the per curiam opinion of the Court in Donald J. Trump v. Norma Anderson et al., decided March 4, 2024.

 

Coalition for TJ v. Fairfax County School Board | Alito, Dissenting, Denial of Cert (Race, School Admissions)

Alito, joined by Thomas, dissenting from denial of certiorari in Coalition for TJ v. Fairfax County School Board, decided Feb 20, 2024.

 

Update and Mini Rant: Trump v. United States

An update with critical commentary regarding today's order granting certiorari in Trump v. United States (from a very unhappy host).

Great Lakes Insurance v. Raiders Retreat Realty | Choice-of-Law Provisions in Maritime Contracts

Today I'll be reading the unanimous opinion of the Court in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, decided Feb 21, 2024.

 

McElrath v. Georgia | Double Jeopardy, Repugnancy Doctrine

Justice Jackson delivered the opinion for a unanimous Court in McElrath v. Georgia (Feb 21, 2024)

 

Missouri Dept. of Corrections v. Finney | Justice Alito Statement, Denial of Cert

"Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct will be 'labeled as bigots and treated as such' by the government," wrote Justice Alito, in his statement explaining why he concurred in the denial of certiorari in Missouri Dept. of Corrections v. Finney (February 20, 2024).

 

Smith v. Hamm | Sotomayor, Dissenting from Denials of Stay and Certiorari (Execution by Nitrogen Hypoxia)

Justice Sotomayor, dissenting from the denial of application for stay and denial of certiorari in Smith v. Hamm (January 25, 2024).

 

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Dept. of Agriculture Rural Development Rural Housing Service v. Kirtz | Fair Credit Reporting Act; Federal Government Sovereign Immunity

The brand-new, unanimous opinion of the Court in Dept. of Agriculture Rural Development Rural Housing Service v. Kirtz, decided February 8, 2024.

 

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Murray v. USB Securities | Whistleblower Protection

Today I'll be reading the brand-new, unanimous opinion of the Court in Murray v. USB Securities (Feb 8, 2024) regarding the whistleblower provision of the Sarbanes-Oxley Act of 2002.

 

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Part 6: D.C. Circuit Court of Appeals Opinion in U.S. v. Trump (Jan 6th Case)

Final episode for this opinion.

 

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Part 5: D.C. Circuit Court of Appeals Opinion in U.S. v. Trump (Jan 6th Case)

Next episode will be the last for this opinion.

 

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Part 4: D.C. Circuit Court of Appeals Opinion in U.S. v. Trump (Jan 6th Case)

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity.

 Note: These episodes may be a little shorter than usual, as I want to get them up ASAP.

 Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Part 3: D.C. Circuit Court of Appeals Opinion in U.S. v. Trump (Jan 6th Case)

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity.

Note: These episodes may be a little shorter than usual, as I want to get them up ASAP.

Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Part 2: D.C. Circuit Court of Appeals Opinion in U.S. v. Trump (Jan 6th Case)

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity.

Note: These episodes may be a little shorter than usual, as I want to get them up ASAP

Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

 

Part 1: D.C. Circuit Court of Appeals Opinion in U.S. v. Trump (Jan 6th Case)

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity.

 

Note: These episodes may be a little shorter than usual, as I want to get them up ASAP.

 

Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

 

 

The appeals decision is in!!!

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in the Trump Jan 6th case, as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity.

Keep your eye out today for Part One!

When speech is not protected by the First Amendment | Brandenburg v. Ohio (1969)

Listen to the landmark Supreme Court opinion Brandenburg v. Ohio (1969) (Free Speech, KKK, Imminent Lawless Action Test)

 

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Packingham v. North Carolina (2017) | Sex Offender Access to Social Media & The First Amendment

Listen to the unanimous opinion of the Supreme Court in Packingham v. North Carolina (2017)

Access this opinion and other helpful case information here.

 

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Garcetti v. Ceballos (2006) | Public Employee Speech & The First Amendment

Over the next two episodes, I'll be reading two past opinions that will help us better understand two cases currently before the Court. 

The past opinions are Garcetti v. Ceballos (2006) and Packingham v. North Carolina (2017). The two cases currently before the Court are Lindke v. Freed and O'Connor-Ratcliff v. Garnier; these two similar cases were granted cert on the same day and their oral arguments were both given on the same day - October 31, 2023.

Today I'll be reading the opinion of the Court in Garcetti v. Ceballos (2006)

Access this opinion and other helpful case information here. 

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Part 4: Blassingame v. Trump | D.C. Circuit Court of Appeals Opinion (Dec 1, 2023)

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events.

As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time. 

 

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Part 3: Blassingame v. Trump | D.C. Circuit Court of Appeals Opinion (Dec 1, 2023)

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events.

As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time. 

 

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Part 2: Blassingame v. Trump | D.C. Circuit Court of Appeals Opinion (Dec 1, 2023)

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events.

As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time. 

 

Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Part 1: Blassingame v. Trump | D.C. Circuit Court of Appeals Opinion (Dec 1, 2023)

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events.

As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time. 

 

Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

 

Tingley v. Ferguson (2023) | Thomas & Alito Dissenting from Denial of Certiorari

Today I'll be reading two very brief opinions dissenting from the denial of certiorari in Tingley v. Ferguson, issued back on December 11th, 2023. The first dissent is from Justice Thomas and is only around 4 pages long; the second is Justice Alito's dissent, which is only a few paragraphs long and is written as if it were meant to be read at the end of Thomas' dissent - so, that's what I'm going to do.

Enjoy.

https://www.supremecourt.gov/opinions/23pdf/22-942_kh6o.pdf

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Part 2: Nixon v. Fitzgerald (1982) | Presidential Immunity in Civil Suits

Listen to the majority opinion of the Supreme Court in Nixon v. Fitzgerald (1982)

Access the text of the opinion and other essential case information here:

https://www.oyez.org/cases/1981/79-1738

 

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Part 1: Nixon v. Fitzgerald (1982) | Presidential Immunity in Civil Suits

Listen to the majority opinion of the Supreme Court in Nixon v. Fitzgerald (1982)

Access the text of the opinion and other essential case information here:

https://www.oyez.org/cases/1981/79-1738

Listen to What SCOTUS Wrote Us anywhere you get your podcasts or stream directly from your browser at https://www.whatscotuswroteus.com

United States v. Nixon (1974)

Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review?

Listen to the full opinion of the Supreme Court in Nixon v. United States (1974). 

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Part 4: U.S. v. Trump | Memorandum Opinion by U.S. District Court Judge Tanya S. Chutkan (Dec 1, 2023)

Listen to U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals.

United States District Court, District of Columbia

Criminal Action No. 23-257

United States of America v. Donald J. Trump

Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here:

https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims

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https://www.whatscotuswroteus.com

Part 3: U.S. v. Trump | Memorandum Opinion by U.S. District Court Judge Tanya S. Chutkan (Dec 1, 2023)

Listen to U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals.

United States District Court, District of Columbia

Criminal Action No. 23-257

United States of America v. Donald J. Trump

https://caselaw.findlaw.com/court/us-dis-crt-dis-col/115576644.html

Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here:

https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims

Listen to audio of Supreme Court opinions on What SCOTUS Wrote Us wherever you get your podcasts.

https://www.whatscotuswroteus.com

Part 2: U.S. v. Trump | Memorandum Opinion by U.S. District Court Judge Tanya S. Chutkan (Dec 1, 2023)

U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals.

United States District Court, District of Columbia

United States of America v. Donald J. Trump

Criminal Action No. 23-257

Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here:

https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims

 

Part 1: U.S. v. Trump | Memorandum Opinion by U.S. District Court Judge Tanya S. Chutkan (Dec 1, 2023)

U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals.

United States District Court, District of Columbia

United States of America v. Donald J. Trump

Criminal Action No. 23-257

 

Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here:

https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims

 

 

The Chief Justice’s 2023 Year End Report on the Federal Judiciary

The Chief Justice's 2023 Year End Report on the Federal Judiciary

If you would like to listen to this report from last year and the year before, you can find them in the show catalog by scrolling back to December 2022.

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Part 2: Donald J. Trump v. Norma Anderson, et al. | Colorado Primary Ballot Petition for Writ of Certiorari

Donald J. Trump v. Norma Anderson, et al., filed January 4, 2023.

 

Part 1: Donald J. Trump v. Norma Anderson, et al. | Colorado Primary Ballot Petition for Writ of Certiorari

Today I'll be reading Donald Trump's petition for writ of certiorari regarding the Colorado Supreme Court's decision to exclude him from the Colorado primary election ballot - a petition that the Court recently granted. I know I still owe you all a second half to the Nixon opinion, but I've had a lot of listeners requesting to hear these documents, so I've made an executive decision to read them first.

Donald J. Trump v. Norma Anderson, et al., filed January 4, 2023.

 

Quick message from Pippah

Just  a one-minute update regarding some technical difficulties…

Part 2: United States v. Donald J. Trump | Brief in Opposition

 Brief in opposition to Special Counsel Jack Smith's petition for writ of certiorari before judgment in United States v. Donald J. Trump, filed December 20, 2023.

 

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United States v. Donald J. Trump | Brief in Opposition

Brief in opposition to Special Counsel Jack Smith's petition for writ of certiorari before judgment in United States v. Donald J. Trump, filed December 20, 2023.

 

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Part 2: Fischer v. United States | Brief in Opposition (Oct 13, 2023)

Brief of respondent, United States, in opposition (filed October 13, 2023) to petition for a writ of certiorari in Fischer v. United States.

https://www.supremecourt.gov/DocketPDF/23/23-5572/288406/20231030160318259_23-32%20Lang%20et%20al.%20-%20final.pdf

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Fischer v. United States | Brief in Opposition (Oct 13, 2023)

Brief of respondent, United States, in opposition (filed October 13, 2023) to petition for a writ of certiorari in Fischer v. United States.

https://www.supremecourt.gov/DocketPDF/23/23-5572/288406/20231030160318259_23-32%20Lang%20et%20al.%20-%20final.pdf

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Part 2: Fischer v. United States | Petition for Writ of Certiorari (Granted Dec 13, 2023)

Fischer v. United States petition for writ of certiorari filed September 11, 2023; granted on December 13, 2023

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Fischer v. United States | Petition for Writ of Certiorari (Granted Dec 11, 2023)

Fischer v. United States petition for writ of certiorari filed September 11, 2023; granted by the Supreme Court December 13, 2023

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Motion to Expedite | United States, Petitioner v. Donald J. Trump

Motion of the United States to expedite briefing on the petition for a writ of certiorari before judgment and for expedited merits briefing if the Court grants the petition in:

United States of America, Petitioner v. Donald J. Trump (filed Dec 11, 2023).

 

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Part 2: Special Counsel Petition for Expedited Writ of Certiorari Before Judgement in Election Case | U.S. v. Trump (Dec 11, 2023)

Listen to the second half of Special Counsel Jack Smith's petition for a writ of certiorari before judgement to the United States Court of Appeals for the District of Columbia Circuit in United States, Petitioner v. Donald J. Trump (December 11, 2023).

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Special Counsel Petition for Expedited Writ of Certiorari Before Judgement in Election Case | U.S. v. Trump (Dec 11, 2023)

Listen to Special Counsel Jack Smith's petition for a writ of certiorari before judgement to the United States Court of Appeals for the District of Columbia Circuit in United States, Petitioner v. Donald J. Trump (December 11, 2023).

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In Memoriam: Justice Sandra Day O’Connor

In Memoriam: Retired Associate Justice Sandra Day O’Connor

• Press Release Regarding Justice Sandra Day O’Connor — December 1, 2023
• Press Release Regarding Lying in Repose and Funeral Service
• Statements of the Justices

 

NEW: Acheson Hotels, LLC v. Laufer | Online ADA Accessibility Info

The Supreme Court has issued the first opinion in an argued case this term: Acheson Hotels, LLC v. Laufer (Dec 5, 2023)

 

Access additional resources about this case on oyez.org

https://www.oyez.org/cases/2023/22-429

 

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www.whatscotuswroteus.com

DuPont v. Abbott | Thomas, Dissenting from Denial of Certiorari

Justice Thomas, dissenting from the Court's denial of certiorari in E.I. du Pont de Nemours & Co. v. Abbott (November 20, 2023), a case in which DuPont asked the Court to review the District Court's application of collateral estoppel.

https://www.supremecourt.gov/opinions/23pdf/23-13_d18e.pdf

 

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Johnson v. Prentice | Jackson, Dissenting from Denial of Certiorari

Justice Jackson, joined by Justices Sotomayor and Kagan, dissenting from the denial of certiorari in a case involving an Eighth Amendment challenge to a prisoner's conditions of confinement: Johnson v. Prentice (2023).

https://www.supremecourt.gov/opinions/23pdf/22-693_21p3.pdf

 

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Griffin v. HM Florida-Orl, LLC | Kavanaugh’s Statement on Denied Application for Stay

Today I'll be reading the statement of Justice Kavanaugh regarding the denial of application for stay in Griffin v. HM Florida-Orl, LLC; Justices Thomas, Alito, and Gorsuch would have granted it.

Issued November 16, 2023

https://www.supremecourt.gov/opinions/23pdf/23a366_i42k.pdf

 

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Part 2: Free Speech and Stolen Valor | United States v. Alvarez (2012)

In United States v. Alvarez (2012), the Supreme Court was asked whether the Stolen Valor Act of 2005 violated the First Amendment. Listen to audio of the majority opinion now.

 

Access a pdf copy of the opinion here:

https://supreme.justia.com/cases/federal/us/567/11-210/case.pdf

 

Access additional resources about the case on oyez.org:

https://www.oyez.org/cases/2011/11-210

 

Listen to What SCOTUS Wrote Us wherever you get your podcasts.

www.whatscotuswroteus.com

Part 1: Free Speech and Stolen Valor | United States v. Alvarez (2012)

In United States v. Alvarez (2012), the Supreme Court was asked whether the Stolen Valor Act of 2005 violated the free speech clause of the First Amendment. Listen to audio of the majority opinion now.

 

Access additional resources about the case on oyez.org:

https://www.oyez.org/cases/2011/11-210

 

Listen to What SCOTUS Wrote Us wherever you get your podcasts.

www.whatscotuswroteus.com

The Court’s Commentary on the Code of Conduct for Justices

The Court's official commentary accompanying the recently issued Code of Conduct for Justices. Commentary begins on page ten of the linked document.

 

The New Supreme Court Code of Conduct

Audio of the newly-issued Code of Conduct for Justices of the Supreme Court of the United States, dated November 13, 2023.

Access the original document here:

https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_11-13-23

Part 2: Chevron v. Natural Resources Defense Council (1984) (Chevron Deference, Administrative Law)

A new case before SCOTUS this term, Loper Bright Enterprises v. Raimondo, threatens to overturn the landmark decision of the case I'll be reading today: Chevron v. Natural Resources Defense Council (1984)

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Part 1: Chevron v. Natural Resources Defense Council (1984) (Chevron Deference, Administrative Law)

A new case before SCOTUS this term, Loper Bright Enterprises v. Raimondo, threatens to overturn the landmark decision in the case I'll be reading today: Chevron v. Natural Resources Defense Council (1984)

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Season 3 Supreme Court Preview

A preview of the Supreme Court term ahead and the podcast's third season.

Listen to What SCOTUS Wrote Us anywhere you listen to podcasts or at www.whatscotuswroteus.com.

Part 2: Jones v. Hendrix (June 2023)

May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction?

Audio of the opinion of the Supreme Court in Jones v. Hendrix (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-857

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Part 1: Jones v. Hendrix (June 2023)

May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction?

Audio of the opinion of the Supreme Court in Jones v. Hendrix (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-857

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Part 2: United States ex rel. Polansky v. Executive Health Resources, Inc. (June 2023)

Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies?

Audio of the opinion of the Supreme Court in United States ex rel. Polansky v. Executive Health Resources, Inc. (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1052

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Part 1: United States ex rel. Polansky v. Executive Health Resources, Inc. (June 2023)

Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies?

Audio of the opinion of the Supreme Court in United States ex rel. Polansky v. Executive Health Resources, Inc. (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1052

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Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (June 2023) Does the Bankruptcy Code unequivocally abrogate tribal sovereign immunity?

Audio of the opinion of the Court in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/22-227

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Smith v. United States (June 2023) Does a criminal trial’s improper venue as to one count require vacatur of the convictions for other counts?

Listen to the opinion of the Court in Smith v. United States (June 2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1576

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Yegiazaryan v. Smagin (June 2023) Does a foreign plaintiff state a cognizable RICO claim for an injury to intangible property?

Listen to the opinion of the Court in Yegiazaryan v. Smagin (June 2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/22-381

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Part 2: U.S. ex rel. Schutte v. Supervalu Inc. (2023) When does a defendant ”knowingly” violate the False Claims Act?

Justice Thomas delivers the unanimous opinion of the Court in United States ex rel. Schutte v. Supervalu Inc. (2023).

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1326

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Part 1: U.S. ex rel. Schutte v. Supervalu Inc. (2023) When does a defendant ”knowingly” violate the False Claims Act?

Justice Thomas delivers a unanimous opinion of the Court in United States ex rel. Schutte v. Supervalu Inc.(2023).

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1326

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Update: It’s a new term!

An update about the weeks ahead.

2023 Term Supreme Court Calendar

Granted and Noted Cases List

October Session Oral Arguments:

https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalOctober2023.pdf

https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalNovember2023.pdf

Part 2: Health and Hospital Corporation of Marion County v. Talevski (2023) May a plaintiff file a federal civil rights claim for violation of the Federal Nursing Home Reform Act?

The opinion of the Supreme Court in Health and Hospital Corporation of Marion County v. Talevski (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-806

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Part 1: Health and Hospital Corporation of Marion County v. Talevski (2023) May a plaintiff file a federal civil rights claim for violation of the Federal Nursing Home Reform Act?

The opinion of the Supreme Court in Health and Hospital Corporation of Marion County v. Talevski (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-806

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Abitron Austria GmbH v. Hetronic Int’l, Inc. (2023) Can the owner of a U.S. trademark recover damages for infringement that occurred outside the U.S.?

The opinion of the Supreme Court in Abitron Austria GmbH v. Hetronic Int'l, Inc. (2023) in which the Court was asked whether the Lanham Act permits the owner of a U.S.-registered trademark to recover damages for the use of that trademark when the infringement occurred outside the United States and is not likely to cause confusion in the United States.

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1043

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Samia v. United States (2023) (Codefendant Confession; Confrontation Clause of the Sixth Amendment)

Does admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on context violate the Confrontation Clause of the Sixth Amendment?

Majority opinion of the Supreme Court in Samia v. United States (2023)

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Slack Technologies, LLC v. Pirani (2023) (Securities Act of 1933)

Does the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading?

Majority Opinion of the Supreme Court in Slack Technologies, LLC v. Pirani (2023)

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Mallory v. Norfolk Southern Railway Co. (2023) Is Pennsylvania’s law conferring general personal jurisdiction over registered out-of-state corporations unconstitutional?

Mallory v. Norfolk Southern Railway Co. (2023) Majority Opinion

Access additional resources for this case on oyez.org.

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Fall Update

An update on the show as we say goodbye to summer and look forward to a new term next month.

Part 2: Dubin v. United States (2023) Is it aggravated identity theft just to mention another’s name during a predicate offense?

Majority opinion of the Supreme Court in Dubin v. United States (2023)

Visit oyez.org for additional case resources here.

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Part 1: Dubin v. United States (2023) Is it aggravated identity theft just to mention another’s name during a predicate offense?

Majority opinion of the Supreme Court in Dubin v. United States (2023)

Is the mention of someone's name during the commission of a predicate offence considered aggravated identity theft?

Visit oyez.org for additional case resources here.

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Arizona v. Navajo Nation (2023) Must the U.S. secure water for the Navajos?

Majority Opinion of the Supreme Court in Arizona v. Navajo Nation (2023)

The Court was asked whether the 1868 Treaty between the Navajo Nation and the United States imposes an affirmative duty on the United States to secure water for the tribe.

Visit oyez.org for additional case resources here.

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Part 2: Groff v. DeJoy (2023) Is an employer excused from providing employees time off for religious exercise?

The opinion for a unanimous Supreme Court in Groff v. DeJoy (June 29, 2023)

In this case, the Court was asked whether inconvenience to coworkers is an “undue burden” under Title VII of the Civil Rights Act of 1964 such that it excuses an employer from providing accommodations for religious exercise as requested by employees.

Find additional resources about this case here on Oyez.org

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Part 1: Groff v. DeJoy (2023) Is an employer excused from providing employees time off for religious exercise?

The opinion for a unanimous Supreme Court in Groff v. DeJoy (June 29, 2023)

In this case, the Court was asked whether inconvenience to coworkers is an “undue burden” under Title VII of the Civil Rights Act of 1964 such that it excuses an employer from providing accommodations for religious exercise as requested by employees.

Find additional resources about this case here on Oyez.org

Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.

Part 7: The Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

 

Part 6: The Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

 

Part 5: The Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

 

Part 4: The Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

Part 3: Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

Part 2: Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

Part 1: The Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf