Cases And Controversies

The Supreme Court opened up its doors once again, returning to in-person arguments in October 2021. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin discuss the biggest moments from this consequential year—from reproductive rights, to the justices’ roadshows, to a covid diagnosis.

The Supreme Court effectively kept the Texas abortion ban in place, with a decision coming later this term in the Mississippi case that could decide the future of abortion rights nationwide. Cases and Controversies podcast hosts Kimberly Robinson and Jordan Rubin break down the Texas S.B. 8 decision on Friday and, with guest Ilya Shapiro of the Cato Institute, recap the Dec. 1 argument in the Mississippi case, Dobbs v. Jackson Women’s Health Organization. They also talk about the school-funding case, Carson v. Makin, argued Dec. 8, and what to watch at the court with arguments done for the year.

Fresh off the contentious argument over Mississippi’s 15-week abortion ban and the future of Roe v. Wade, the Supreme Court turns toward its final hearings of 2021. They include cases on religious-school funding, immigration, ERISA, and criminal procedure, including an ineffective assistance of counsel case that could lead to an innocent person being executed. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin recap Dec. 1’s abortion argument in Dobbs v. Jackson Women’s Health Organization before previewing the cases that’ll be argued the week of Dec. 6. Have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court is in the spotlight again Dec. 1, this time hearing a challenge to Mississippi's 15-week abortion ban. Joining Cases and Controversies to discuss what's at stake in Dobbs v. Jackson Women's Health Organization is Kathryn Kolbert, who argued the landmark abortion case Planned Parenthood v. Casey, which upheld the viability line being challenged in the Mississippi case. She said the climate leading up to that 1992 ruling was similar to today's in that she fully expected that there would be at least five votes to overturn Roe v. Wade.  And while the outcome in Casey was a "compromised opinion" that ended up preserving the heart of Roe, Kolbert said she's not expecting the current court to rule the same way. "This court is much more ideological" that the court at the time of Casey, she said, noting that several Republican-appointed justices ultimately came down on the side abortion advocates. Kolbert is also joined by Julie F. Kay, who says that while abortion has been on the minds of court watc

The Supreme Court is considering a challenge to New York's strict concealed-carry law that's primed to set a precedent which could shape the future of guns in the U.S. Gun-rights supporters want the court in New York State Rifle & Pistol Association v. Bruen to bless more permissive public carry. Gun control advocates worry about the implications of doing so. Cases and Controversies podcast hosts Kimberly Robinson and Jordan Rubin have spent months reporting on Bruen. And in this special edition, they explore the Nov. 3 argument and the signals the justices sent. This episode takes listeners into the courtroom and breaks down essential points. Attorneys, scholars, and others working on the case talk about what's at stake if the challengers prevail, as expected. First, a primer. Previous 5-4 rulings said the Second Amendment grants an individual right to have a gun in the home for self-defense, regardless of militia service. The amendment says, “A well regulated Militia, being necessary to the security of a fr

It's another big week of arguments at the Supreme Court as the justices will hear cases involving national security and religious rights of death-row inmates. Cases and Controversies podcast hosts Kimberly Robinson and Jordan Rubin take a look in the latest sneak peek episode at the five cases on the court's docket next week. They also recap the blockbuster Nov. 1 arguments over the Texas abortion law, known as S.B. 8., in which numerous justices seemed skeptical that the should evade judicial review. Coming up next week, the podcast will take a deep dive into the Second Amendment. The hosts will explore the dispute heard Nov. 3. over a concealed carry restriction in New York and discuss concerns raised by the justices. They'll also look at how the case could impact gun restrictions across the country.

The Supreme Court is slated to hear arguments over controversial abortion and gun laws in a jam-packed week at the high court. The court will scrutinize Texas’ abortion law, S.B. 8, that effectively bans the procedure, in back-to-back arguments on Nov. 1 that will feature Elizabeth Prelogar’s first appearance for the federal government since being confirmed solicitor general Oct. 28. Two days later, the justices will hear the biggest Second Amendment case in a decade in New York State Rifle & Pistol Association v. Bruen. The court will probe the state’s strict concealed-carry regime and, more broadly, how the gun right identified in prior precedents applies outside the home. In between those arguments, on Nov. 2, the court will hear First Amendment and arbitration cases.

The Texas abortion law will be front and center at the Supreme Court Nov. 1 after the justices agreed to hear argument on an expedited basis over whether the Justice Department can sue despite the law's unusual enforcement mechanism. The justices on Friday agreed to hear two challenges to the Texas measure in short order, while allowing the abortion-blocking law to stay in place in the meantime over Justice Sonia Sotomayor’s dissent. Curiously, while the justices agreed to grant cert on this issue, they did not vote to place the law on hold until they issue an opinion in this case. Kimberly Robinson and Jordan Rubin go behind the headlines and the vote count to analyze what the court will consider when advocates step up to the lectern, and what it all might mean for abortion rights. Have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court’s first oral argument sitting of the new term is in the books as the nine-case docket included disputes over state secrets and the Boston Marathon bombing. The MacArthur Justice Center’s Amir Ali joins Bloomberg Law’s Cases and Controversies podcast to talk about what it was like to argue in the high court’s new hybrid, in-person format. Ali represented the petitioner in Thompson v. Clark, a case about federal civil rights lawsuits that led Justice Samuel Alito to pose a hypothetical question about a half man/half horse with a nicotine addiction. Seriously.

The Supreme Court will hear heavy arguments in a short week including disputes over the Boston Marathon bombing and abortion litigation. On top of Dzhokhar Tsarnaev’s death-penalty case stemming from the 2013 bombing, the justices will also consider whether Kentucky’s Republican attorney general can defend the state’s abortion law after the Democratic governor declined. The high court will also hear a case about the rules for suing police, plus a dispute over civil-service pensions under the Social Security Act. Kimberly Robinson and Jordan Rubin give a sneak peek at those upcoming arguments on Oct. 12 and 13.

In-person arguments will resume at the U.S. Supreme Court Oct. 4 after the courthouse was shuttered for the past year and a half due to Covid-19. Attendance in the courtroom is limited to staff, arguing attorneys, and a handful of journalists, so the court will continue to livestream the proceedings to the public.  For this episode of Cases & Controversies, Kimberly Robinson and Jordan Rubin run down the five cases the justices will hear during their first week, including a battle between states over water rights and the federal government's attempt to block "state secrets" from being handed over to litigants.

When Supreme Court justices return to the courtroom for the new term in October, they’ll consider the government’s quest to reinstate Boston Marathon bomber Dzhokhar Tsarnaev’s death sentences. The court will hear arguments on Oct. 13 about pretrial publicity and mitigating evidence, as the justices decide whether to reverse an appeals court ruling that vacated Tsarnaev’s sentences for the 2013 bombing that killed three people and injured hundreds more. Attorney General Merrick Garland imposed an execution moratorium this past summer, raising the question of how that will play into the case, if at all. To help break down the issues, “Cases and Controversies” hosts Kimberly Robinson and Jordan Rubin are joined by Goodwin’s William Jay, who filed an amicus brief supporting the government on behalf of the National Fraternal Order of Police. Hosts: Kimberly Robinson and Jordan Rubin Guest: William Jay Producer: David Schultz Listen and subscribe to Cases and Controversies from your mobile device: Via Apple Podcas

The Supreme Court is typically thought to be out most of the summer. But it issued a momentous opinion on abortion rights that came from the court's so-called "shadow docket." For this special episode of Cases and Controversies, hosts Jordan Rubin and Kimberly Robinson discuss where this opinion came from and why it came outside of the court's normal operating procedures. They also talk about how the justices came down in this case and what this ruling means for the liberal justices' prospects moving forward.

The Supreme Court handed down the final two opinions of the term in argued cases, in contentious disputes involving voting rights and charity-donor disclosure. Progressives largely bemoaned both rulings, which fell 6-3 along ideological lines in the conservative-majority court. But the ACLU’s David Cole explained that, in his view, only the voting-rights ruling was wrong. Cole, the group’s national director who argued and won a school-speech case this term on behalf of a cursing cheerleader, joined Cases and Controversies hosts Kimberly Robinson and Jordan Rubin to review the 2020-21 term. He expressed optimism at the court’s rulings that crossed ideological lines in a handful of cases, though it remains to be seen whether that continues next term, which starts in October. Have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court enters what is likely the final week of its term with a handful of cases remaining, including a closely watched one on Arizona ballot restrictions. All eyes, too, will be on Justice Stephen Breyer sometime after the last opinion is delivered to see if he retires, as progressives are pressuring him to do. Cases and Controversies dives into what's ahead and what the court did this past week in siding with student free speech and NCAA athletes in two big decisions. In Mahanoy Area School Dist. v. B. L., the Supreme Court ruled 8-1 in favor of high-school cheerleader Brandi Levy, saying her school went too far when it suspended her for her Snapchat rant after failing to make the varsity team. And the court unanimously ruled in favor of college athletes in NCAA v. Alston, saying schools can't conspire to deny students education-related compensation in the name of preserving "amateurism."  Podcast hosts Kimberly Robinson and Jordan Rubin provide the details on decisions and look at what's coming u

After weeks of low-profile rulings in technical cases, the justices dropped two of the most anticipated cases of the term on the same day this week. The court handed progressives a 7-2 win by once again upholding Barack Obama's signature healthcare law, while pleasing conservatives with a unanimous win for a religious group in the latest clash between LGBT rights and religious freedom. And although there appears to be broad agreement among the justices, the vote count masks significant disagreement among the nine. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin discuss the rulings, implications for future cases, and even a few conspiracy theories. Have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court rejected a petition challenging the military’s male-only draft, but a statement accompanying the denial from an interesting lineup of justices suggests the issue could come back to the court if Congress doesn’t act. Hogan Lovells partner Cate Stetson, who co-counseling with the ACLU brought the challenge, joins the latest Cases and Controversies to break down the issue and look at where it’s headed. She also talks with hosts Kimberly Robinson and Jordan Rubin about the justices’ seemingly-unusual alignments and how they show the court’s complexity. And the hosts recap the latest battle between Justices Elena Kagan and Brett Kavanaugh in a case that limited the scope of a repeat-offender gun law.

The Supreme Court unanimously reversed the Ninth Circuit on immigration and criminal justice, adding to the San Francisco-based appeals court’s string of high court losses. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin break down those cases along with a third on a computer-hacking law that featured unusual alignments in the majority and dissent. Federal Indian law expert Mary Kathryn Nagle joins the podcast to explain the Ninth Circuit criminal case, United States v. Cooley, where the court affirmed tribal sovereignty and authority over non-Indians driving through reservations.

The Supreme Court issued three more opinions before the Memorial Day holiday, leaving the justices with 26 to go before wrapping things up for the term at the end of June. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin discuss the court's latest decisions and action on the "shadow docket." They're joined by MacArthur Justice Center's Easha Anand to talk about the court's decision to once again decline to hear a case involving police accountability.

The right to abortion enshrined in Roe v. Wade is in the crosshairs after the Supreme Court said it would take up a Mississippi case next term dealing with the issue. The high court’s grant kicked off a busy week that also saw several opinions, including a contentious criminal ruling over the right to unanimous jury verdicts that may foreshadow precedent fights to come. It was also one in which Justices Kagan and Kavanaugh got into a very heated judicial exchange. Cases and Controversies hosts Kimberly Robinson and Jordan Rubin break down all of that and more on this week’s episode as the justices continue to issue the final rulings of the term. They’re joined by Skadden’s Shay Dvoretzky and Emily Kennedy, who won a unanimous ruling in another criminal case this week that bolstered search and seizure protections for homes.