Cases And Controversies

The Supreme Court’s public approval ratings have taken a hit since a leaked draft opinion signaled that the conservative majority is poised to strike down the Roe v Wade abortion precedent. Gabe Roth of the watchdog group Fix the Court joins host Kimberly Robinson of Cases and Controversies to discuss what the court could do to boost public confidence, and whether Congress has legal authority to rein in what he calls the “most powerful, least accountable” branch of government. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The possibility of American life without federal abortion rights puts a spotlight on state prosecutors. “These elected prosecutors are going to become the last line of defense,” Miriam Krinsky said of a potential post-Roe world. Krinsky, head of reform group Fair and Just Prosecution, discussed the issue on the latest Cases and Controversies episode with Bloomberg Law’s Jordan Rubin. “This is simply a draft,” Krinsky emphasized, referring to Justice Samuel Alito’s proposed opinion circulated within the court earlier this year and published this week by Politico. But if the draft becomes law and states turn their attention toward criminalizing people involved in abortions, then prosecutors will have the discretion not to pursue charges, Krinsky said. She and other former prosecutors and law enforcement leaders filed an amicus brief supporting the clinic in the Mississippi appeal whose opinion was leaked, Dobbs v. Jackson Women’s Health. “The notion of limited criminal-justice resources being used for these kin

We got a window into the inner workings of the usually secretive Supreme Court with a leaked draft opinion in a landmark abortion case. As surprising, even shocking, as this leak was, it could be the beginning of a new era at the court in which the justices' private deliberations are no longer sacrosanct and leaks become more common. On this special breaking news edition of Bloomberg Law's "Cases and Controversies" podcast, hosts Kimberly Robinson and Jordan Rubin talk about what this might mean for the future of the court and about how the leaked opinion itself could affect women seeking abortions. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Biden administration from the start has sought to unwind a Trump-era policy known as “Remain in Mexico.” It requires would-be immigrants to stay outside the U.S. while their cases are reviewed. That issue reached the Supreme Court on April 26, as the justices wrestled with what presidents must do to change course from their predecessors. Cases and Controversies host Kimberly Robinson and guest host Lydia Wheeler go live on Twitter to try to break down this “messy” case with professor Jonathan Adler of Case Western Reserve University School of Law. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The U.S. Supreme Court’s final scheduled arguments of the term—Justice Stephen Breyer’s last ever—features the dispute over whether President Joe Biden can end Donald Trump’s “Remain in Mexico” immigration policy. During the April 25-27 session, the court also will hear appeals over public-school prayer at football games, habeas corpus, method-of-execution litigation, and a follow-on case to the landmark 2020 McGirt v. Oklahoma decision on criminal jurisdiction in Indian Country. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin preview the action and give an update on efforts by law firms to increase attorney diversity at the lectern. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Supreme Court justices are taking the bench for their last batch of oral arguments after Justice Clarence Thomas was photographed at the court with Georgia Republican Senate candidate and former football star Herschel Walker. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin give a sneak peek of the April sitting’s first week of arguments, including one on the famed Miranda warnings. All eyes also are on Thomas, who’s been called on to recuse from 2020 election-related cases over his wife’s texts to the White House, and was seen posing with GOP Senate hopeful and former football star Herschel Walker at a private event at the court. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court is set to hear its next big religion case with a First Amendment dispute over prayer at school football games. The justices will consider the limits on such prayer at argument April 25 in Kennedy v. Bremerton School District. A lawyer for Bremerton, Bradley Girard of Americans United for Separation of Church and State, joins Bloomberg Law’s Cases and Controversies to discuss the case with host Jordan Rubin. Bloomberg Law judiciary reporter Madison Alder also joins to talk about Ketanji Brown Jackson’s historic high-court confirmation and what’s next for Joe Biden’s judicial appointments in the lower courts. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Death-row inmates may have an easier time getting religious accommodations at executions after the Supreme Court rejected Texas’ attempt to block a pastor from laying hands on and praying aloud for an inmate in the chamber. Ramirez v. Collier was an unusual case in a number of ways, including because the inmate won. John Ramirez’s lawyer Seth Kretzer joins Cases and Controversies to talk about his experience arguing the novel dispute on an expedited timeline. Hosts Kimberly Robinson and Jordan Rubin also break down the latest on Judge Ketanji Brown Jackson’s likely confirmation next week, as well as the most recent developments in the world of Justice Clarence Thomas. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

On the eve of confirmation hearings for Judge Ketanji Brown Jackson, the U.S. Supreme Court disclosed that Justice Clarence Thomas had been hospitalized two days earlier with an infection. Following the close of those hearings on Thursday, the Washington Post reported that Thomas’ wife, Ginni, had encouraged the White House to challenge the results of the 2020 presidential election in text message to Trump Chief of Staff Mark Meadows. Cases and Controversies details the controversy swirling around the longest-serving justice as well as developments in the Jackson hearings and what happens next. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Ketanji Brown Jackson’s confirmation hearings kick off March 21 as her potential future colleagues continue to hear oral arguments. Former Senate Judiciary counsel Nick Xenakis joins Cases and Controversies to give an inside look at the process and what to expect in Jackson’s hearings. The hosts also give a sneak peek of the arguments that will be heard while Senate Judiciary Committee members question the nominee, including two arbitration disputes. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Supreme Court justices will consider a dispute over congressional powers to authorize discrimination suits against states brought by service members injured abroad. Cases and Controversies discusses former Texas State Trooper Le Roy Torres' suit against the state Department of Public Safety for employment accommodations. He says he suffered lung damage due to exposure to burn pits while deployed in Iraq as an Army reservist. His attorney, Brian Lawler, explains how Texas and a handful of states say the federal government can't authorize such suits against states, even though they can be brought against local governments. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

It's been a week since President Biden announced he would be nominating Kejanji Brown Jackson to replace Stephen Breyer on the Supreme Court. Since then, there have been few if any signs that Democrats will have trouble confirming her. Cases and Controversies recaps the latest on the Jackson nomination and looks into what, if anything, Republicans can do to stop it. Guest host David Schultz also examines this week's oral argument in West Virginia v. EPA, in which the justices appeared less hostile than expected to the executive branch's attempts to tackle climate change. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

We finally have an answer: President Biden has picked federal judge Ketanji Brown Jackson as his pick to replace the outgoing Supreme Court Justice Stephen Breyer. We have instant reaction from hosts Jordan Rubin and Kimberly Robinson along with a preview of next week's arguments. The Supreme Court kicks off the argument week with a potential blockbuster over the executive branch's ability to tackle climate change. Although consequential on its own, the challenge to EPA's authority to regulate greenhouse gases could reverberate across administrative law by demanding more from Congress when it wants agencies to regulate "major questions." Cases discussed in this episode West Virginia v. EPA -- 8:59 Ruan v. US -- 10:58 Marietta Memorial Hospital v. Davita -- 12:24 Egbert v. Boule -- 13:04 Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Supreme Court justices are set for a short week of arguments while the country awaits Joe Biden’s decision on his choice to replace Justice Stephen Breyer. An announcement is expected by month’s end. With the Presidents Day holiday on Monday, the justices are hearing two cases on Tuesday over tribal gaming and double jeopardy for American Indians. A procedural argument follows Wednesday over the Trump-era public-charge rule that blocked green cards for noncitizens needing public benefits. Cases and Controversies gives a sneak peek as the justices return from their mid-winter break.

The Supreme Court appears ready to continue reining in the so-called administrative state in an EPA climate case set for argument this month. On the latest Cases and Controversies podcast, hosts Kimberly Robinson and Jordan Rubin preview the next chance for the 6-3 conservative majority to flex its muscles in this blockbuster term. The hosts are joined by Case Western law professor Jonathan Adler to explain the upcoming challenge to EPA authority to regulate greenhouse gases, and how it fits with high court rulings striking down the Biden administration’s attempts to deal with the pandemic. Cases discussed in this episode: Merrill v. Milligan--0:39 West Virginia v. EPA--6:43 Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

Justice Stephen Breyer’s retirement announcement gives President Joe Biden the chance to put the first Black woman on the high court and prevent Democrats from losing another seat to Republicans. On the latest Cases and Controversies episode, Kimberly Robinson and Jordan Rubin break down Breyer’s impending departure, his legacy, his potential replacements, and what that replacement means—and doesn’t mean—for the future of the court. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Justice Stephen Breyer is known for letting his flamboyant intellect shine on the bench. And, according to those who clerked for him, Breyer's personality outside of the courtroom was no different. It was reported earlier today that this will be the 27-year veteran of the Supreme Court's final term. To learn more about who Breyer is, we spoke with some of the attorneys who clerked for the Justice over the years. Breyer was described as someone with an insatiable, extroverted mind, who thrived on conversation—sometimes to a fault. Andrew Crespo, a former clerk and current Harvard Law School professor, said going to lunch with the Justice required finding a restaurant with lots of space "so that, when we're sitting down and he's telling us all these stories about the Court, that we weren't accidentally sitting next to a reporter." In this special episode of our Cases & Controversies podcast, former Breyer clerks share stories from their time at the Court and about the man they describe as a "happy warrior," who

The Supreme Court had a short but busy week, issuing orders on the Texas abortion law and Donald Trump’s attempt to keep records from the Jan. 6 commission, while hearing arguments and also issuing rare public statements on mask-wearing at the high court. Cases and Controversies podcast hosts Kimberly Robinson and Jordan Rubin recap the “Maskgate” controversy that stemmed from an NPR report on Justice Gorsuch's alleged refusal to wear a mask during oral arguments. They also talk to Josh McDaniel, director of Harvard Law’s religious freedom clinic. The clinic filed a brief supporting the prisoner seeking resentencing in Concepcion v. United States, argued Jan. 19. Topics discussed in this episode: Masks & the justices--00:40 In re Whole Woman's Health--9:41 Trump v. Thompson--16:20 Concepcion v. U.S.--19:30 Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court issued its anticipated rulings on the Biden administration’s vaccine rules affecting millions of Americans, as the justices continue to hear cases in the first oral-argument sessions of 2022. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin recap the vaccine opinions and give a sneak peek of upcoming arguments on Jan. 18 and 19. Those hearings include disputes over religion in Boston, Nazi-looted art in Spain, campaign finance in the Ted Cruz campaign, and criminal sentencing under the Trump-signed First Step Act of 2018. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court starts 2022 with an ultra-rare Friday argument session over President Joe Biden’s vaccine policies as the country continues to struggle with Covid-19. The justices will hear back-to-back arguments Friday over the employer and healthcare-worker mandates, an unusual step for the sort of emergency litigation that the court generally decides with briefs alone. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin give a sneak peek of the action and also preview the arguments coming up the week of Jan. 10, featuring disputes over Medicaid payments, immigrant detention, and whether tax courts can forgive late legal filings.