Supreme Court of the United States
40 Episodes
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Supreme Court Season episodes will include all arguments that occur from October 01st to April/May. You can listen to the sidebar version of each Supreme Court Case https://thesidebar.transistor.fm/
Nuclear Regulatory Commission v. Texas, No. 23-1300 [Arg: 3.5.2025]
#42
03/13/2025
QUESTION PRESENTED:
Whether the Hobbs Act, which authorizes a “party aggrieved” by an agency’s “final order” to petition for review in a court of appeals, allows nonparties to obtain review of claims asserting that an agency order exceeds the agency’s statutory authority; and whether the Atomic Energy Act of 1954 and the Nuclear Waste Policy Act of 1982 permit the Nuclear Regulatory Commission to license private entities to temporarily store spent nuclear fuel away from the nuclear-reactor sites where the spent fuel was generated. ★ Support this podcast on Patreon ★Smith & Wesson Brands v. Estados Unidos Mexicanos, No. 23-1141 [Arg: 3.4.2025]
#41
03/13/2025
QUESTION PRESENTED:
Whether the production and sale of firearms in the United States is the proximate cause of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico; and whether the production and sale of firearms in the United States amounts to “aiding and abetting” illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked. ★ Support this podcast on Patreon ★BLOM Bank SAL v. Honickman, No. 23-1259 [Arg: 3.3.2025]
#40
03/13/2025
QUESTION PRESENTED:
Whether Federal Rule of Civil Procedure 60(b)(6)’s stringent standard applies to a post-judgment request to vacate for the purpose of filing an amended co ★ Support this podcast on Patreon ★CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd., No. 23-1201 [Arg: 3.3.2025]
#39
03/13/2025
QUESTION PRESENTED:
Whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act. ★ Support this podcast on Patreon ★Ames v. Ohio Department of Youth Services, No. 23-1039 [Arg: 2.26.2025]
#38
03/13/2025
QUESTION PRESENTED:
Whether, in addition to pleading the other elements of an employment discrimination claim under Title VII of the Civil Rights Act of 1964, a majority-group plaintiff must show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.” ★ Support this podcast on Patreon ★Perttu v. Richards, No. 23-1324 [Arg: 2.25.2025]
#37
03/13/2025
QUESTION PRESENTED:
Whether, in cases subject to the Prison Litigation Reform Act, prisoners have a right to a jury trial concerning their exhaustion of administrative remedies where disputed facts regarding exhaustion are intertwined with the underlying merits of their claim. ★ Support this podcast on Patreon ★Esteras v. U.S., No. 23-7483 [Arg: 2.25.2025]
#36
03/13/2025
QUESTION PRESENTED:
Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e)’s list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release. ★ Support this podcast on Patreon ★Gutierrez v. Saenz, No. 23-7809 [Arg: 2.24.2025]
#35
03/13/2025
QUESTION PRESENTED:
Whether Article III standing requires a particularized determination of whether a specific state official will redress the plaintiff’s injury by following a favorable declaratory judgment. ★ Support this podcast on Patreon ★Cunningham v. Cornell University, No. 23-1007 [Arg: 1.22.2025]
#34
01/27/2025
QUESTION PRESENTED:
Whether a plaintiff can state a claim by alleging that a plan fiduciary engaged in a transaction constituting a furnishing of goods, services, or facilities between the plan and a party in interest, as proscribed by 29 U.S.C. § 1106(a)(1)(C), or whether a plaintiff must plead and prove additional elements and facts not contained in the provision’s text. ★ Support this podcast on Patreon ★Barnes v. Felix, No. 23-1239 [Arg: 1.22.2025]
#33
01/27/2025
QUESTION PRESENTED:
Whether courts should apply the "moment of the threat" doctrine when evaluating an excessive force claim under the Fourth Amendment. ★ Support this podcast on Patreon ★McLaughlin Chiropractic Associates v. McKesson Corporation, No. 23-1226 [Arg: 1.21.2025]
#32
01/27/2025
QUESTION PRESENTED:
Whether the Hobbs Act required the district court in this case to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act. ★ Support this podcast on Patreon ★Food and Drug Administration v. R.J. Reynolds Vapor Co., No. 23-1187 [Arg: 1.21.2025]
#31
01/27/2025
QUESTION PRESENTED:
Whether a manufacturer may file a petition for review in a circuit (other than the U.S. Court of Appeals for the District of Columbia Circuit) where it neither resides nor has its principal place of business, if the petition is joined by a seller of the manufacturer’s products that is located within that circuit. ★ Support this podcast on Patreon ★Free Speech Coalition v. Paxton, No. 23-1122 [Arg: 1.15.2025]
#30
01/27/2025
QUESTION PRESENTED:
Whether the court of appeals erred as a matter of law in applying rational-basis review, instead of strict scrutiny, to a law burdening adults’ access to protected speech. ★ Support this podcast on Patreon ★Waetzig v. Halliburton Energy Services, No. 23-971 [Arg: 1.14.2025]
#29
01/15/2025
QUESTION PRESENTED:
Whether a voluntary dismissal without prejudice under Federal Rule of Civil Procedure 41 is a “final judgment, order, or proceeding” under Federal Rule of Civil Procedure 60(b). ★ Support this podcast on Patreon ★Thompson v. U.S., No. 23-1095 [Arg: 1.14.2025]
#28
01/15/2025
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. ★ Support this podcast on Patreon ★Stanley v. City of Sanford, Florida, No. 23-997 [Arg: 1.13.2025]
#27
01/14/2025
QUESTION PRESENTED:
Whether, under the Americans with Disabilities Act, a former employee — who was qualified to perform her job and who earned post-employment benefits while employed — loses her right to sue over discrimination with respect to those benefits solely because she no longer holds her job. ★ Support this podcast on Patreon ★Hewitt v. U.S., No. 23-1002 [Arg: 1.13.2025]
#26
01/14/2025
QUESTION PRESENTED:
Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the act’s enactment, when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the act’s enactment. ★ Support this podcast on Patreon ★TikTok v. Garland, No. 24-656 [Arg: 1.10.2025]
#25
01/11/2025
QUESTION PRESENTED:
- Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment.
Dewberry Group v. Dewberry Engineers, No. 23-900 [Arg: 12.11.2024]
#24
12/16/2024
QUESTION PRESENTED:
Whether an award of the “defendant’s profits” under the Lanham Act can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates. ★ Support this podcast on Patreon ★Seven County Infrastructure Coalition v. Eagle County, Colorado, No. 23-975 [Arg: 12.10.2024]
#23
12/16/2024
QUESTION PRESENTED:
Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority. ★ Support this podcast on Patreon ★Feliciano v. Department of Transportation, No. 23-861 [Arg: 12.9.2024]
#22
12/16/2024
QUESTION PRESENTED:
Whether a federal civilian employee called or ordered to active duty under a provision of law during a national emergency is entitled to differential pay even if the duty is not directly connected to the national emergency. ★ Support this podcast on Patreon ★Kousisis v. U.S., No. 23-909 [Arg: 12.9.2024]
#21
12/16/2024
QUESTION PRESENTED:
Whether deception to induce a commercial exchange can constitute mail or wire fraud, even if inflicting economic harm on the alleged victim was not the object of the scheme; whether a sovereign’s statutory, regulatory, or policy interest is a property interest when compliance is a material term of payment for goods or services; andwhether all contract rights are “property.” ★ Support this podcast on Patreon ★U.S. v. Skrmetti, No. 23-477 [Arg: 12.4.2024]
#20
12/08/2024
QUESTION PRESENTED:
- Whether Tennessee Senate Bill 1, which prohibits all medical treatments intended to allow “a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex” or to treat “purported discomfort or distress from a discordance between the minor’s sex and asserted identity,” violates the equal protection clause of the 14th Amendment.
Republic of Hungary v. Simon, No. 23-867 [Arg: 12.3.2024]
#19
12/04/2024
QUESTION PRESENTED:
Whether historical commingling of assets suffices to establish that proceeds of seized property have a commercial nexus with the United States under the expropriation exception to the Foreign Sovereign Immunities Act; whether a plaintiff must make out a valid claim that an exception to the FSIA applies at the pleading stage, rather than merely raising a plausible inference; and whether a sovereign defendant bears the burden of producing evidence to affirmatively disprove that the proceeds of property taken in violation of international law have a commercial nexus with the United States under the expropriation exception to th...U.S. v. Miller, No. 23-824 [Arg: 12.2.2024]
#18
12/04/2024
QUESTION PRESENTED:
Whether a bankruptcy trustee may avoid a debtor’s tax payment to the United States under 11 U.S.C. § 544(b) when no actual creditor could have obtained relief under the applicable state fraudulent-transfer law outside of bankruptcy. ★ Support this podcast on Patreon ★Food and Drug Administration v. Wages and White Lion Investments, LLC, No. 23-1038 [Arg: 12.2.2024]
#17
12/04/2024
QUESTION PRESENTED:
Whether the court of appeals erred in setting aside the Food and Drug Administration’s orders denying respondents’ applications for authorization to market new e-cigarette products as arbitrary and capricious. ★ Support this podcast on Patreon ★NVIDIA Corp. v. E. Ohman J:or Fonder AB, No. 23-970 [Arg: 11.13.2024]
#16
11/18/2024
QUESTION PRESENTED:
(1) Whether plaintiffs seeking to allege scienter under the Private Securities Litigation Reform Act based on allegations about internal company documents must plead with particularity the contents of those documents; and (2) whether plaintiffs can satisfy the Act's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact. ★ Support this podcast on Patreon ★Delligatti v. U.S., No. 23-825 [Arg: 11.12.2024]
#15
11/18/2024
QUESTION PRESENTED:
Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. ★ Support this podcast on Patreon ★Velazquez v. Garland, No. 23-929 [Arg: 11.12.2024]
#14
11/18/2024
QUESTION PRESENTED:
Whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1). ★ Support this podcast on Patreon ★Facebook v. Amalgamated Bank, No. 23-980 [Arg: 11.6.2024]
#13
11/18/2024
QUESTION PRESENTED:
Whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm. ★ Support this podcast on Patreon ★E.M.D. Sales v. Carrera, No. 23-217 [Arg: 11.5.2024]
#12
11/18/2024
QUESTION PRESENTED:
Whether the burden of proof that employers must satisfy to demonstrate the applicability of a Fair Labor Standards Act exemption is a mere preponderance of the evidence or clear and convincing evidence. ★ Support this podcast on Patreon ★Advocate Christ Medical Center v. Becerra, No. 23-715 [Arg: 11.5.2024]
#11
11/18/2024
QUESTION PRESENTED:
Whether the phrase “entitled ... to benefits,” used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received. ★ Support this podcast on Patreon ★Wisconsin Bell v. U.S., ex rel. Todd Heath, No. 23-1127 [Arg: 11.4.2024]
#10
11/18/2024
QUESTION PRESENTED:
Whether reimbursement requests submitted to the Federal Communications Commission's E-rate program are “claims” under the False Claims Act. ★ Support this podcast on Patreon ★Bufkin v. McDonough, No. 23-713 [Arg: 10.16.2024]
#9
10/20/2024
QUESTION PRESENTED:
Whether the U.S. Court of Appeals for Veterans Claims must ensure that the benefit-of-the-doubt rule in 38 U.S.C. § 5107(b) was properly applied during the claims process in order to satisfy 38 U.S.C. § 7261(b)(1), which directs the court to “take due account” of the Department of Veterans Affairs’ application of that rule. ★ Support this podcast on Patreon ★City and County of San Francisco v. Environmental Protection Agency, No. 23-753 [Arg: 10.16.2024]
#8
10/20/2024
QUESTION PRESENTED:
Whether the Clean Water Act allows the Environmental Protection Agency (or an authorized state) to impose generic prohibitions in National Pollutant Discharge Elimination System permits that subject permit-holders to enforcement for violating water quality standards without identifying specific limits to which their discharges must conform. ★ Support this podcast on Patreon ★Medical Marijuana v. Horn, No. 23-365 [Arg: 10.15.2024]
#7
10/20/2024
QUESTION PRESENTED:
Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act. ★ Support this podcast on Patreon ★Bouarfa v. Mayorkas, No. 23-583 [Arg: 10.15.2024]
#6
10/20/2024
QUESTION PRESENTED:
Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria.Glossip v. Oklahoma, No. 22-7466 [Arg: 10.9.2024]
#5
10/13/2024
QUESTION PRESENTED:
(1) Whether the state’s suppression of the key prosecution witness’ admission that he was under the care of a psychiatrist and failure to correct that witness’ false testimony about that care and related diagnosis violate the due process of law under Brady v. Maryland and Napue v. Illinois; (2) whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims; (3) whether due process of law requires reversal where a capital conviction is so infected with errors that the state no longer seeks to defend it; and (4) whether the Oklahoma Court of...Lackey v. Stinnie, No. 23-621 [Arg: 10.8.2024]
#4
10/13/2024
QUESTION PRESENTED:
(1) Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988; and (2) whether a party must obtain an enduring change in the parties’ legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under Section 1988. ★ Support this podcast on Patreon ★Garland v. VanDerStok, No. 23-852 [Arg: 10.8.2024]
#3
10/13/2024
QUESTION PRESENTED:
(1) Whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “a partially complete, disassembled, or nonfunctional frame or receiver” that is “designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act. ★ Support this podcast on Patreon ★
