
SCOTUScast
SCOTUScast is a project of the Federalist Society for Law & Public Policy Studies. This audio broadcast series provides expert commentary on U.S. Supreme Court cases as they are argued and issued. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues. View our entire SCOTUScast archive at http://www.federalistsociety.org/SCOTUScast
Latest episodes

Mar 26, 2024 • 18min
Pulsifer v. United States - Post-Decision SCOTUScast
On March 15, 2024, the Supreme Court issued its ruling in Pulsifer v. United States. The Supreme Court considered an Eighth Circuit case that raised the question: "Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?" At issue was the meaning of the word "and" in the statute, and whether text and context required "and" in this case be read as "and" to mean "or". Join us to hear Vikrant Reddy break down the decision and offer his criticism of the Court's reasoning and ruling. Featuring: Mr. Vikrant Reddy, Senior Fellow, Stand Together Trust

Mar 20, 2024 • 47min
Garland v. Cargill - Post-Argument SCOTUScast
On February 28, 2024, the Supreme Court heard oral argument in Garland v. Cargill. The Court considered whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code.Please join us as we break down and analyze how oral argument went before the Court. Featuring:Stephen Halbrook, Senior Fellow, Independent Institute(Moderator) Robert Leider, Assistant Professor of Law, George Mason University, Antonin Scalia Law School

Mar 20, 2024 • 17min
Trump v. Anderson - Post-Decision SCOTUScast
Exploration of Supreme Court case Trump v. Anderson, disqualification of candidates, challenges of enforcing constitutional provisions, federal court case on judge disqualification, interpretation of congressional enforcement under 14th Amendment, congressional responsibilities amid public disputes

Feb 2, 2024 • 34min
Sheetz v. County of El Dorado, CA - Post-Argument SCOTUScast
On January 9, 2024, the Supreme Court will hear oral argument in Sheetz v. County of El Dorado, CA. The Court considered whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislationPlease join us as we break down and analyze how oral argument went before the Court. Featuring:David Lanferman, Partner, Rutan & Tucker LLPNancie Marzulla, Partner, Marzulla Law

Jan 31, 2024 • 30min
Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce - Post-Argument SCOTUScast
On January 17, 2024 the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The Court considered whether it should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. Join us as we break down and analyze how oral argument went before the Court. Featuring: John Vecchione, Senior Litigation Counsel, New Civil Liberties Alliance

Jan 17, 2024 • 21min
Macquarie Infrastructure Corp. v. Moab Partners, L.P. - Post-Argument SCOTUScast
On January 16, 2024, the Supreme Court heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, L.P. The Court considered whether U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement. Featuring: Professor Adam Pritchard, Frances and George Skestos Professor of Law, University of Michigan Law School

Jan 11, 2024 • 29min
SEC v. Jarkesy - Post-Argument SCOTUScast
On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy. The Court considered three questions – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; (3) Whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection. Join us as we break down and analyze how oral argument went before the Court. Featuring: Margaret A. Little, Senior Litigation Counsel, New Civil Liberties Alliance

Dec 7, 2023 • 28min
Moore v. United States - Post-Argument SCOTUScast
On December 5, 2023, the Supreme Court heard oral argument in Moore v. United States. The Court considered whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor David Schizer, Dean Emeritus and Harvey R. Miller Professor of Law and Economics, Columbia University Law School

Dec 5, 2023 • 34min
Harrington v. Purdue Pharma L.P. - Post-Argument SCOTUScast
On December 4, 2023, the Supreme Court heard oral argument in Harrington v. Purdue Pharma L.P. The Court considered whether as part of a plan of reorganization under a Chapter 11 bankruptcy, if the Bankruptcy Code authorizes a court to approve a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent. Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor Anthony Casey, Donald M. Ephraim Professor of Law and Economics and Faculty Director at The Center on Law and Finance, University of Chicago Law School

Dec 1, 2023 • 36min
United States v. Rahimi - Post-Argument SCOTUScast
On November 7, 2023, the Supreme Court heard oral argument in United States v. Rahimi. The Court considered whether 18 U.S.C. § 922(g)(8), prohibiting the possession of firearms by persons subject to domestic-violence restraining orders, violated the Second Amendment on its face Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor Mark W. Smith, Presidential Scholar and Senior Fellow in Law and Public Policy, The King’s College
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