What SCOTUS Wrote Us

Part 4: United States v. Donald J. Trump - Indictment (2020 Election)

Final episode of United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case). 

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Part 3: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case). Covers pages 21 - 31 of the 45 page indictment.

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Part 2: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case)

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

pages 9-21 of the indictment

Part 1: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case)

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Coinbase, Inc. v. Bielski (June 23, 2023) Arbitration, Interlocutory Appeal

Held: A district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing.

Majority opinion in Coinbase, Inc. v. Bielski (June 23, 2023)

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Pugin v. Garland (June 22, 2023) Immigration & Nationality Act; Aggravated Felony

Held: An offense may "relate to" obstruction of justice under the Immigration & Nationality Act's definition of an "aggravated felony," even if the offense does not require that an investigation or proceeding be pending.

Listen to the majority opinion in Pugin v. Garland (June 22, 2023)

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Part 5: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 4: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 3: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 2: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 1: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Counterman v. Colorado (June 2023) True Threats, First Amendment Speech, Recklessness Standard

Majority opinion in Counterman v. Colorado (2023)

*Warning: This episode includes a quote containing an "f bomb" precisely at the 3-minute mark, which is why it has been labeled explicit.

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Part 5: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

I apologize for the delay in posting this final segment of this opinion; I'm in the middle of a move. Thanks for your patience! 

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 4: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023). Next episode, I'll be reading the final 19 pages.

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Part 3: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 2: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 1: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 4: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Does Colorado's public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Listen to Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 3: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Does Colorado's public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Listen to Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 2: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Listen to part 2 of Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 1: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Does Colorado's public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Listen to Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 2: Biden v. Nebraska (June 30, 2023) Is Biden’s student debt relief plan legal?

Held: The Secretary of Education does not have authority under the HEROES Act (2003) to establish a student loan forgiveness program that will cancel roughly $430 billion in debt principal and affect nearly all borrowers.

Audio of the Supreme Court's majority opinion in Biden v. Nebraska (2023)

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Part 1: Biden v. Nebraska (June 30, 2023) Is Biden’s student debt relief plan legal?

Held: The Secretary of Education does not have authority under the HEROES Act (2003) to establish a student loan forgiveness program that will cancel roughly $430 billion in debt principal and affect nearly all borrowers.

Audio of the Supreme Court's majority opinion in Biden v. Nebraska (2023). Part 1 of 2.

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Part 3: 303 Creative LLC v. Elenis (June 30, 2023) Does Colorado’s public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Held: The First Amendment prohibits Colorado from forcing a web designer to create expressive designs that speak messages with which the designer disagrees.

Majority opinion in Creative LLC v. Elenis (June 30, 2023)

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Part 2: 303 Creative LLC v. Elenis (June 30, 2023) Does Colorado’s public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

The First Amendment prohibits Colorado from forcing a web designer to create expressive designs that speak messages with which the designer disagrees.

Majority opinion in Creative LLC v. Elenis (June 30, 2023)

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Part 1: 303 Creative LLC v. Elenis (June 30, 2023) Does Colorado’s public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

The First Amendment prohibits Colorado from forcing a web designer to create expressive designs that speak messages with which the designer disagrees.

Majority opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 4: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023

 

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Part 3: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

 

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Part 2: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 1: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

 

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Part 3: Moore v. Harper (June 27, 2023) Does the Constitution give state legislatures sole, unreviewable authority to regulate federal elections?

Majority Opinion in Moore v. Harper (June 27, 2023)

Music by Epidemic Sound

Part 2: Moore v. Harper (June 27, 2023) Does the Constitution give state legislatures sole, unreviewable authority to regulate federal elections?

Majority Opinion in Moore v. Harper (June 27, 2023)

Music by Epidemic Sound

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Part 1: Moore v. Harper (June 27, 2023) Does the U.S. Constitution give state legislatures sole, unreviewable authority to regulate federal elections?

Majority Opinion in Moore v. Harper (June 27, 2023)

Music by Epidemic Sound

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Lora v. United States (June 16, 2023) Does § 924(c)’s bar on concurrent sentences apply to a §924(j) conviction?

The opinion of a unanimous Supreme Court in Lora v. United States (June 16, 2023)

Music by Epidemic Sound

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Part 2: United States v. Hansen (June 23, 2023) The scam that promised a path to U.S. citizenship through adult adoption.

Majority opinion in United States v. Hansen (June 23, 2023)

Music by Epidemic Sound

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Part 1: United States v. Hansen (June 23, 2023) The scam that promised a path to U.S. citizenship through adult adoption.

Majority opinion in United States v. Hansen (June 23, 2023)

Music by Epidemic Sound

 

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United States v. Texas (June 23, 2023) Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law

Majority opinion in United States v. Texas (June 23, 2023)

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Part 2: Haaland v. Brackeen (June 15, 2023) Placing Native foster kids in Native homes first.

Does the Indian Child Welfare Act's (ICWA) preference for Native over non-Native homes when placing Native American foster children violate the anti-commandeering principles of the Tenth Amendment?

The majority opinion of the Supreme Court in Haaland v. Brackeen (June 15, 2023)

 

Part 1: Haaland v. Brackeen (June 15, 2023) Placing Native foster kids in Native homes first.

Does the Indian Child Welfare Act's (ICWA) preference for Native over non-Native homes when placing Native American foster children violate the anti-commandeering principles of the Tenth Amendment?

The majority opinion of the Supreme Court in Haaland v. Brackeen (June 15, 2023)

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Federal Indictment of Donald J. Trump (Documents Case)

Listen to audio of the full federal indictment of Donald J. Trump and Waltine Nauta issued June 8, 2023 by the U.S. Department of Justice in the Federal District Court for the Southern District of Florida.

Access the full charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/06/trump-indictment.pdf

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Dupree v. Younger (May 2023) Preserving for appeal a legal issue rejected at summary judgement.

Opinion of the Supreme Court in Dupree v. Younger (May 25, 2023)

A party need not reassert in a post-trial motion a purely legal issue rejected at summary judgment in order to preserve it for appeal.

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Part 2: Jack Daniel’s Properties, Inc. v. VIP Products LLC (June 8, 2023) Is humorous use of another’s trademark protected by the First Amendment?

Majority opinion of the Supreme Court in Jack Daniel's Properties, Inc. v. VIP Products LLC (June 8, 2023)

Music by Epidemic Sound

Part 1: Jack Daniel’s Properties, Inc. v. VIP Products LLC (June 8, 2023) Is humorous use of another’s trademark protected by the First Amendment?

Majority opinion of the Supreme Court in Jack Daniel's Properties, Inc. v. VIP Products LLC (June 8, 2023)

Music by Epidemic Sound

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Part 2: Allen v. Milligan (June 8, 2023) Does Alabama’s 2021 congressional district map violate §2 of the Voting Rights Act?

Majority opinion in Allen v. Milligan (2023), formerly Merrill v. Milligan.

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Part 1: Allen v. Milligan (June 8, 2023) Does Alabama’s 2021 congressional district map violate §2 of the Voting Rights Act?

Majority opinion in Allen v. Milligan (2023), formerly Merrill v. Milligan.

Music by Epidemic Sound

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Update on new opinions and the remainder of the term.

Glacier Northwest, Inc. v. Teamsters (June 1, 2023) Does the NLRA protect a union whose members ruined an employer’s property during a strike?

Majority opinion in Glacier Northwest, Inc. v. Teamsters (June 1, 2023)

Music by Epidemic Sound.

Tyler v. Hennepin County (May 25, 2023) Can the government pocket the excess when taking property to satisfy a debt?

The opinion of a unanimous Supreme Court in Tyler v. Hennepin County, Minnesota (May 25, 2023)

 

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Calcutt v. Federal Deposit Insurance Corporation (May 22, 2023) (FDIA, FDIC, Financial Industry Sanctions)

Per Curiam Opinion of the Supreme Court in Calcutt v. FDIC (May 22, 2023)

 

Part 2: Sackett v. EPA (May 25, 2023) Are wetlands protected by the Clean Water Act?

Majority Opinion of the Supreme Court in Sackett v. Environmental Protection Agency (May 25, 2023)

 

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Part 1: Sackett v. EPA (May 25, 2023) Are wetlands protected by the Clean Water Act?

Majority Opinion of the Supreme Court in Sackett v. Environmental Protection Agency (May 25, 2023)

 

Music by Epidemic Sound

Part 2: Amgen Inc. v. Sanofi (May 18, 2023) Did Amgen’s patents describe their invention sufficiently?

Amgen Inc. v. Sanofi (May 18, 2023) Majority Opinion

 

Music by Epidemic Sound

Part 1: Amgen Inc. v. Sanofi (May 18, 2023) Did Amgen’s patents describe their invention sufficiently?

Amgen Inc. v. Sanofi (May 18, 2023) Majority Opinion

 

Music by Epidemic Sound

Ohio Adjutant General’s Dept. v. FLRA (May 18, 2023) Regulating the labor practices of state militias.

Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias?

Audio of the opinion of the Supreme Court in Ohio Adjutant General's Dept. v. FLRA (2023)

 

Gonzalez v. Google, Inc. (May 18, 2023) Are internet platforms’ targeted recommendations immunized by the Communications Decency Act?

Does Section 230(c)(1) of the Communications Decency Act immunize interactive computer services when they make targeted recommendations of information provided by another information content provider?

Audio of Gonzalez v. Google, Inc. (May 18, 2023)

Part 2: Twitter, Inc. v. Taamneh (May 18, 2023) Are internet platforms helping terrorists by not preventing their content?

Twitter, Inc. v. Taamneh (May 18, 2023) Unanimous opinion of the Supreme Court.

Part 1: Twitter, Inc. v. Taamneh (May 18, 2023) Are internet platforms helping terrorists by not preventing their content?

Twitter, Inc. v. Taamneh (May 18, 2023) Unanimous opinion of the Supreme Court.

 

 

Polselli v. IRS (May 18, 2023) Can the IRS summons anyone’s records if it might help collect from a delinquent taxpayer?

Polselli v. IRS (May 18, 2023) unanimous opinion of the Supreme Court.

Santos-Zacaria v. Garland (May 11, 2023) (Board of Immigration Appeals, §1252 Exhaustion Requirement)

Audio of the opinion of the Supreme Court in Santos-Zacaria v. Garland (May 11, 2023)

 

Part 2: Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith (May 18, 2023) (Copyright Infringement, Fair Use Defense, Transformative Works)

What is the proper test is for determining whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine?

Audio of the opinion of the Supreme Court in Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith(May 18, 2023)

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Part 1: Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith (May 18, 2023) (Copyright Infringement, Fair Use Defense, Transformative Works)

What is the proper test is for determining whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine?

Audio of the opinion of the Supreme Court in Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith (May 18, 2023)

 

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Part 2: National Pork Producer’s Council v. Ross (May 2023) (Dormant Commerce Clause, Interstate Commerce, CA Proposition 12)

Does a California law requiring pork sold in-state to come from animals raised with certain confinement standards violate the "dormant" Commerce Clause of the Constitution?

Audio of the majority opinion of the Supreme Court in National Pork Producer's Council v. Ross (May 2023)

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National Pork Producer’s Council v. Ross (May 2023) (Dormant Commerce Clause, Interstate Commerce, CA Proposition 12)

Does a California law requiring pork sold in-state to come from animals raised with certain confinement standards violate the "dormant" Commerce Clause of the Constitution?

Audio of the majority opinion of the Supreme Court in National Pork Producer's Council v. Ross (May 2023)

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Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (May 11, 2023) (PROMESA, Sovereign Immunity, Fiscal Transparency)

Audio of the opinion of the Court in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (May 11, 2023)

 

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Percoco v. United States (May 11, 2023) (Honest Services Fraud)

Audio of the opinion of the U.S. Supreme Court in Percoco v. United States (May 11, 2023).

 

Ciminelli v. United States (May 11, 2023) (Right to Control Theory of Fraud, Wire Fraud)

Audio of the opinion of the Supreme Court in Ciminelli v. United States (2023)

 

Pike v. Bruce Church, Inc. (1970) (Interstate Commerce)

Audio of the 1970 opinion of the Supreme Court in Pike v. Bruce Church, Inc. (1970)

Read in anticipation of the Court’s decision in National Pork Producers v. Ross argued earlier this term.

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KP Permanent Makeup v. Lasting Impression (2004) (Trademark Infringement, Classic Fair Use Defense, Likely Confusion)

Audio of the 2004 opinion of the Supreme Court in KP Permanent Makeup v. Lasting Impression (2004)

Music by Epidemic Sound

About the Court, Part III: History and Tradition

If you are interested in learning more about the Supreme Court, there's really no better way to do that than to read the opinions the Justices write. But, if you're a little new to reading SCOTUS opinions, the Public Information Office of the Supreme Court provides the public with helpful, general information contained within the about the court tab of the Court's official website supremecourt.gov.

I'll be reading some of that information in a series of four bonus episodes: The Supreme Court at Work; The Justices; History and Traditions; and an entire episode dedicated to the most helpful frequently asked questions answered on the website. In today's episode, the third in the series, I'll be reading about the history and traditions of the Supreme Court and its iconic building- links to the text have been included in the episode description. Enjoy.

https://www.supremecourt.gov/about/historyandtraditions.aspx

https://www.supremecourt.gov/about/courtbuilding.aspx

 

Music by Epidemic Sound.

Shaw v. Reno (1993) Justice White, Dissenting (Racial Gerrymandering, Equal Protection Clause, Redistricting, North Carolina)

Audio of Justice White's 1993 dissenting opinion in Shaw v. Reno.

 

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About the Court II: The Justices

Audio of brief readings about the nine sitting justices of the Supreme Court of the United States, as provided by the Public Information Office. 

 

Episode 2 in a series of four bonus episodes.

 

Music by Epidemic Sound

Part 2: Shaw v. Reno (1993) (Racial Gerrymandering, Equal Protection Clause, Redistricting, North Carolina)

Audio of Shaw v. Reno (1993) Majority Opinion.

 

Part 1: Shaw v. Reno (1993) (Racial Gerrymandering, Equal Protection Clause, Redistricting, North Carolina)

Audio of Shaw v. Reno (1993) Majority Opinion

 

Music by Epidemic Sound

About the Court I: The Supreme Court at Work

About the Court, Part I: The Supreme Court at Work

If you are interested in learning more about the Supreme Court, there's really no better way than to read the opinions the Justices write. But, if you're a little new to reading SCOTUS opinions, the Public Information Office of the Supreme Court provides the public with helpful, general information contained within the about the court tab of the Court's official website supremecourt.gov. In the weeks ahead, I'll be reading some of that information in a series of four bonus episodes: The Supreme Court at Work; The Justices; History and Traditions; and an entire episode dedicated to the most helpful frequently asked questions answered on the website. In today's episode, the first in the series, I'll be reading The Supreme Court at Work - a link to which is included in the episode description. Enjoy.

https://www.supremecourt.gov/about/courtatwork.aspx

Burns v. Mays (April 24, 2023) Justice Sotomayor, Dissenting from Denial of Certiorari (Ineffective Assistance of Council, Death Penalty)

Audio of Justice Sotomayor's dissent from denial of certiorari in Burns v. Mays (April 24, 2023)

 

Brown v. Louisiana (April 3, 2023) Justice Jackson Dissenting from Denial of Certiorari (Failure to disclose codefendant’s confession in a death penalty case)

 

Audio of Justice Jackson's April 3, 2023 dissent from denial of certiorari in Brown v. Louisiana

 

 

Donziger v. United States (March 27, 2023) Justice Gorsuch, Dissenting from Denial of Certiorari (Chevron, Texaco, Court-appointed Prosecutors, Separation of Powers)

Audio of Donziger v. United States (March 27, 2023) Justice Gorsuch Dissenting from Denial of Certiorari.

 

Part 2: MOAC Mall Holdings LLC v. Transform Holdco LLC (April 19, 2023) Majority Opinion (Sears; §363(m) of the U.S. Bankruptcy Code)

Audio of Part 2: MOAC Mall Holdings LLC v. Transform Holdco LLC (April 19, 2023) 

Justice Jackson delivered the opinion for a unanimous Supreme Court.

 

 

 

Part 1: MOAC Mall Holdings LLC v. Transform Holdco LLC (April 19, 2023) (Sears; §363(m) of the U.S. Bankruptcy Code)

The unanimous opinion of the U.S. Supreme Court in MOAC Mall Holdings LLC v. Transform Holdco LLC (April 19, 2023) written by Justice Jackson. Next episode will begin with part III of the opinion.

Turkiye Halk Bankasi a.k.a. Halkbank v. United States (April 19, 2023) (Foreign Sovereign Immunities Act, FSIA)

Opinion of the U.S. Supreme Court in Turkiye Halk Bankasi a.k.a. Halkbank v. United States (April 19, 2023) Majority Opinion 

Danco Laboratories, LLC v. Alliance for Hippocratic Medicine (April 21, 2023) Justice Alito, Dissenting from Grant of Application for Stay (Abortion Pill, Mifepristone, FDA)

Audio of Justice Alito dissenting from grant of application for stay in Danco Laboratories, LLC v. Alliance for Hippocratic Medicine (April 21, 2023)

 

 

Reed v. Goertz (April 19, 2023) (42 U. S. C. §1983 Suit Statute of Limitations)

Audio of the opinion of the U.S. Supreme Court in Reed v. Goertz (April 19, 2023) 

New York v. New Jersey (April 18, 2023) (Interstate Compacts)

Opinion of the U.S. Supreme Court in New York v. New Jersey (April 18, 2023) 

Part 2: Axon Enterprise, Inc. v. Federal Trade Commission (April 14, 2023) Majority Opinion (SEC, FTC, District Court Federal Question Jurisdiction)

Audio of Part 2 of the opinion of a unanimous Supreme Court in Axon Enterprise, Inc. v. FTC (April 14, 2023). 

Part 1: Axon Enterprise, Inc. v. Federal Trade Commission (April 14, 2023) (SEC, FTC, District Court Federal Question Jurisdiction)

Audio of the opinion of a unanimous Supreme Court in Axon Enterprise, Inc. v. FTC (April 14, 2023). 

West Virginia v. B.P.J. (Apr 6, 2023) Justice Alito, Dissenting from Denial to Vacate Injunction (Title IX, Transgender Athletes)

Audio of West Virginia v. B.P.J. (Apr 6, 2023) Justice Alito Dissenting from Denial to Vacate Injunction (Title IX, Transgender Athletes)

Wilkins v. United States (2023) Dissenting Opinion (Quiet Title Act; Subject-matter Jurisdiction, Nonjurisdictional Claims-processing Rules)

Audio of Wilkins v. United States (2023) Dissenting Opinion

Wilkins v. United States (March 28, 2023) (Quiet Title Act; Subject-matter Jurisdiction, Nonjurisdictional Claims-processing Rules)

Opinion of the U.S. Supreme Court in Wilkins v. United States (March 28, 2023)

 

 

Luna Perez v. Sturgis Public Schools (March 21, 2023) (Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA))

Audio of Luna Perez v. Sturgis Public Schools (March 21, 2023) Majority Opinion of the U.S. Supreme Court.

Chapman v. Doe (March 20, 2023) Justice Jackson, Dissenting to Grant for Certiorari (Abortion, Munsingwear Vacatur, Dobbs v. Jackson, Mootness)

Audio of Chapman v. Doe (March 20, 2023) Justice Jackson, Dissenting to Grant for Certiorari (Abortion, Munsingwear Vacatur, Dobbs v. Jackson, Mootness)  

Franchise Tax Board of California v. Hyatt (2019) (States are immune from suit in the courts of other states)

Audio of Franchise Tax Board of California v. Hyatt (2019) Majority Opinion (States are immune from suit in the courts of other states)

 

Back in 1993, Gilbert Hyatt was an inventor, raking-in loads of cash from a patent he owned. When an auditor with the Franchise Tax Board of California learned about Hyatt's success, he decided to look into it. As you may have already guessed, the auditor found some discrepancies in Mr. Hyatt's accounting - so, he opened an audit on Hyatt's 1991 state tax return, finding even more discrepancies related to Hyatt's recent move from California to Nevada - so, he extended the audit to include California tax returns from 1992. As a result, the Franchise Tax Board of California found that Hyatt owed the state $1.8 million unpaid taxes, $1.4 million in penalties, and $1.2 million in interest for a total of $4.5 million for 1991. But, wait, there's more. The tax board also found Hyatt owed more than $6 million in taxes and interest for 1992, not including penalties.

Of course, Hyatt challenged the results of the audit - first with the Franchise Tax Board of California (without any luck) and then in California courts. In 1998, he sued the tax board for damages in Nevada state court.

Last episode, I read Nevada v. Hall (1979) a case in which the Court held that sovereign states can be sued in another state's courts without the first state's consent.

So, when Hyatt's case finally worked its way before the Supreme Court, the Franchise Tax Board of California asked the Court to reconsider Nevada v. Hall. In doing so, the Court determined that states are indeed immune from suit in the courts of other states, overruling the Court's forty-year-old precedent in Nevada v. Hall.

 

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Nevada v. Hall (1979) Majority Opinion (State immunity from suit in the courts of another state)

Audio of Nevada v. Hall (1979) Majority Opinion (State immunity from suit in the courts of another state)

Today I'll be reading the 1979 opinion of the Court in Nevada v. Hall in which respondents, residents of California, sued the State of Nevada for injuries that they sustained on a California highway when a Nevada-owned vehicle on official business collided with a vehicle occupied by the California respondents - killing the Nevada driver.

The question before the Court in this case was whether a state is constitutionally immune from suit in the courts of another state. And, in a 6-3 decision, the Court  they are not- permitting sovereign states to be haled into another state's courts without the first state's consent.

Forty years later, in 2019, in a 5-4 decision split along ideological lines, the Court overturned Nevada v. Hall in a case I'll be reading next episode - Franchise Tax Board of California v. Hyatt, which held that that states are indeed immune from suit in the courts of other states.

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Ramos v. Louisiana (2020) Dissenting Opinion (Unanimous jury requirement for conviction of a serious crime, Incorporation of Sixth Amendment)

Audio of the dissenting opinion in Ramos v. Louisiana (2020)

 

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Part 2: Ramos v. Louisiana (2020) Majority Opinion (Unanimous Jury, Guilty Verdict, Incorporation of Sixth Amendment)

We continue with the opinion of the Court in Ramos v. Louisiana (2020) 

 

Part 1: Ramos v. Louisiana (2020) Majority Opinion (Unanimous jury requirement for conviction of a serious crime, Incorporation of Sixth Amendment)

Audio of Ramos v. Louisiana (2020) Majority Opinion

In federal court and 48 states, all it takes is one juror to prevent a guilty verdict at trial. Only two states do not abide by this rule; they are Oregon and Louisiana, which require a 10-2 jury verdict.

The question before the Supreme Court in this case was whether the Fourteenth Amendment incorporated to the states the Sixth Amendment's guarantee of a unanimous verdict.

The Court said yes, incorporating the Sixth Amendment right to a jury trial to the states while overturning their 1972 decision in Apodaca v. Oregon, holding that a unanimous verdict is indeed required to convict a defendant of a serious offense.

 

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City of Ocala v. Art Rojas (Mar 6, 2023) Justice Thomas, Dissenting to Denial of Certiorari

Audio of Justice Thomas, Dissenting to Denial of Certiorari in City of Ocala v. Art Rojas (Mar 6, 2023)

 

City of Ocala v. Art Rojas (Mar 6, 2023) Justice Gorsuch on Denial of Certiorari (Lemon Test, Kennedy v. Bremerton, Establishment Clause)

Audio of Justice Gorsuch's statement regarding denial of certiorari in City of Ocala v. Art Rojas (March 6, 2023)

Davis v. United States (Feb 21, 2023) Justice Jackson Dissenting to Denial of Certiorari (Ineffective Assistance of Counsel, Plea Deal Negotiation)

Audio of Davis v. United States (Feb 21, 2023) Justice Jackson Dissenting to Denial of Certiorari

 

This episode, I will be reading Justice Jackson's dissent to the denial of cert in Davis v. United States, decided Feb 21, 2023. Enjoy.

Bittner v. United States (Feb 28, 2023) Justice Barrett, Dissenting (Bank Secrecy Act, Report of Foreign Bank and Financial Accounts (FBAR))

Audio of  Bittner v. United States (Feb 28, 2023) Dissenting Opinion

U.S. persons with foreign bank accounts are required to file an annual Report of Foreign Bank and Financial Accounts, commonly known as an FBAR.

Alexandru Bittner, a dual citizen of the U.S. and Romania, failed to report his interests in his foreign bank accounts on annual FBAR forms, as required by the Bank Secrecy Act of 1970 (BSA). So, the United States government fined him 10,000 for each unreported account each year from 2007 to 2011 - for a grand total of $2.72 million. You might say Mr. Bittner was FUBAR over his FBARS at this point.

Of course, Bittner challenged the fines. The district court held that a $10,000 maximum penalty attaches to each failure to file an annual FBAR, not to each account to be reported on the FBAR, so it reduced Bittner's fines to $50,000 total.  The U.S. Court of Appeals for the Fifth Circuit reversed, holding that each account he failed to report indeed counted as separate reporting violation.

In this case, the Court was asked…

Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported?

 The Court sided with Bittner in a surprising 5-4 split. Today I'll be reading Justice Barrett's dissenting opinion, in which she is joined by an unlikely collection of colleagues.

 

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Part 2: Bittner v. United States (Feb 28, 2023) (Bank Secrecy Act, Report of Foreign Bank and Financial Accounts (FBAR))

Audio of Part 2 of Bittner v. United States (Feb 28, 2023) Majority Opinion

U.S. persons with foreign bank accounts are required to file an annual Report of Foreign Bank and Financial Accounts, commonly known as an FBAR.

Alexandru Bittner, a dual citizen of the U.S. and Romania, failed to report his interests in his foreign bank accounts on annual FBAR forms, as required by the Bank Secrecy Act of 1970 (BSA). So, the United States government fined him 10,000 for each unreported account each year from 2007 to 2011 - for a grand total of $2.72 million. You might say Mr. Bittner was FUBAR over his FBARS at this point.

Of course, Bittner challenged the fines. The district court held that a $10,000 maximum penalty attaches to each failure to file an annual FBAR, not to each account to be reported on the FBAR, so it reduced Bittner's fines to $50,000 total.  The U.S. Court of Appeals for the Fifth Circuit reversed, holding that each account he failed to report indeed counted as separate reporting violation.

In this case, the Court was asked…

Is a “violation” under the Bank Secrecy Act the failure to file an annual Report of Foreign Bank and Financial Accounts (no matter the number of foreign accounts), or is there a separate violation for each individual account that was not properly reported?

 

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