Shows
Counting to 5Episode 057: Livestream — Looking Back and Looking AheadWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I wrap up the term by reviewing some of the Court’s final orders and opinions, I look ahead to this summer and the next term, and I spend some time talking about Justice Kennedy — his career, his legacy, and what happens next.Show NotesOrders:Rucho v. Common Cause:SCOTUSBlog Case PageOrder List (GVR)Arlene’s Flowers, Inc. v. Washin...
2018-06-291h 35
Counting to 5Episode 056: Livestream — Divided to the EndWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review the Court’s six decisions in argued cases from the final week of June 2018. These include, among others, Trump v. Hawaii (President Trump’s travel ban), NIFLA v. Becerra (California’s crisis pregnancy center disclosure requirements), and Janus v. AFSCME (public sector union agency fees).Show NotesOpinions:Ohio v. American Express Co.:SCOTUSBlog Case PageOral Argument: Transcript AudioOpinion
2018-06-282h 18
Counting to 5Episode 055: Livestream — Cell Phone Location DataWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review the Court’s decisions issued on June 22, 2018, in four argued cases, including Carpenter v. United States, a case about whether the government can obtain mobile phone location data from carriers without a warrant.Show NotesOpinions:WesternGeco LLC v. ION Geophysical Corp.:SCOTUSBlog Case PageOral Argument: Transcript AudioOpinionCurrier v. Virginia:SCOTUSBlog Case Pa...
2018-06-261h 45
Counting to 5Episode 054: Livestream — Internet Sales Tax and Administrative Law JudgesWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review the Court’s decisions issued on June 21, 2018, in four argued cases, including Lucia v. SEC, a case about the constitutionality of the appointment of the SEC’s administrative law judges, and South Dakota v. Wayfair, a case about whether states can force out-of-state internet retailers to collect sales tax.Show NotesOpinions:Pereira v. Sessions:SCOTUSBlog Case PageOral Argument: Transcript Audio...
2018-06-2459 min
Counting to 5Episode 053: Livestream — Partisan Gerrymandering AnticlimaxWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I take a look at five new cases granted for next term, and I review the Court’s decisions issued on June 18, 2018, in five argued cases, including two cases about partisan gerrymandering, Gill v. Whitford and Benisek v. Lamone.Show NotesNews and Developments:RBG Movie:Official WebsiteBox Office Mojo pageKaczmar v. Florida:Sotomayor dissent from de...
2018-06-241h 38
Counting to 5Episode 052: Livestream — Voter Purges and Political BadgesWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I explain the Court’s new decisions in five argued cases, including Husted v. A. Philip Randolph Institute, the case about the legality of Ohio’s process for removing names from the voting rolls.Show NotesCorrection:Toward the end of this episode, I stated that the Chief Justice appoints judges to the Judicial Conference of the United States. This was an error. The Judicial Conference is actually comp...
2018-06-151h 23
Counting to 5Episode 051: Livestream — Unfinished MasterpieceWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I explain the Court’s new decisions in four argued cases, including Masterpiece Cakeshop v. Colorado Civil Rights Commission, the highly anticipated case about the intersection between anti-discrimination law and the First Amendment’s protections of free exercise of religion and against compelled speech. Listen to understand what the Court actually decided and what questions remain unresolved.Show NotesNews and Developments:RBG Movie:Official webs...
2018-06-081h 33
Counting to 5Episode 050: Livestream — Curtilage and RestitutionWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review the Court’s two new opinions in argued cases: Collins v. Virginia and Lagos v. United States.Show NotesNews and Developments:Culbertson v. Berryhill:SCOTUSBlog Case PageOrder inviting amicus curiaeCity of Hays, Kansas v. Vogt:SCOTUSBlog Case PageOral Argument: Transcript AudioOrder dismissing as improvidently grantedPlanned Pa...
2018-06-0152 min
Counting to 5Episode 049: Livestream — Class Action Waivers and Immovable PropertyWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review four newly granted cases and two new opinions in argued cases, including Epic Systems v. Lewis, a case about the legality of employment arbitration provisions with class action waivers. Show NotesNews and Developments:RBG Movie:Official websiteBox office dataGranted Cases:Virginia Uranium, Inc. v. Warren:SCOTUSBlog Case P...
2018-05-251h 11
Counting to 5Episode 048: Livestream — Sports Betting and Rental Car SearchesWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review two newly granted cases and five new opinions in argued cases. Show NotesNews and Developments:Juan Castillo Petition:Supreme Court DocketMedia coverage: Texas Tribune San Antonio CurrentRBG Movie:Official websiteBox office dataGranted Cases:BNSF Railway Company v. Loos:S...
2018-05-181h 11
Counting to 5Episode 047: Livestream — Order Lists and Special MastersWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I answer listener questions about the Court’s Order Lists, Special Masters, and more. Show NotesDeath Penalty Stay Application:Robert Butts:Order denying stay applicationMedia coverage: CBS News Atlanta Journal-ConstitutionCase Developments:WesternGeco LLC v. ION Geophysical Corp.:Federal Circuit OpinionListener Questions:Orders of...
2018-05-111h 03
Counting to 5Episode 046: Livestream — Cruel and Unusual Punishment, Class Arbitration, and Cy PresWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I talk about three newly granted cases for next term, and I give a broad overview of where we stand in the current term: the opinions we’ve seen so far and the cases we’re still waiting on. Show NotesNews:Justice Sotomayor Shoulder Injury:Supreme Court Press ReleaseMedia Coverage: Fox News CNNGranted Cases:
2018-05-041h 10
Counting to 5Episode 045: Livestream — Inter Partes Review and Alien TortsWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I look at three new opinions in argued cases and one newly granted case for next term. Show NotesNews and developments:Justice Stevens’s 98th Birthday:Media coverage: National Constitution CenterBooks:Five Chiefs: A Supreme Court MemoirSix Amendments: How and Why We Should Change the ConstitutionNew York Times Op-EdA...
2018-04-271h 15
Counting to 5Episode 044: Livestream — Habeas Look Through, Void for Vagueness, and April Week 2 PreviewWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I look at two new opinions in argued cases, and I preview the six cases the Court will be hearing in the second week of the April oral argument session. Show NotesCorrection and Update:In this episode, I said there had been 17 opinions so far in argued cases and 45 more expected by the end of June. This was an error; the correct numbers are 20 op...
2018-04-201h 23
Counting to 5Episode 043: Livestream — Gorsuch’s First Year and April Week 1 PreviewWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I look at Justice Gorsuch’s first full year on the Court, and I preview the six cases the Court will be hearing in the first week of the April oral argument session. Show NotesNews and Developments:Justice Gorsuch’s First Year:Media Coverage: The Economist Empirical SCOTUSRemoval of Chad from Travel Ban:Presidential Procl...
2018-04-131h 09
Counting to 5Episode 042: Livestream — Lack of Quorum, Qualified Immunity, and Service Advisor OvertimeWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I look at the Court’s new 5-4 decision in Encino Motorcars, LLC v. Navarro, a per curiam reversal in Kisela v. Hughes, and other Supreme Court news and developments of the past week. Show NotesNews and Developments:United States v. Microsoft:Government brief re mootnessMicrosoft brief re mootnessDeutsche Bank Trust Company Americas v. Robert R...
2018-04-061h 01
Counting to 5Episode 041: Livestream — Hall v. Hall, Recusals, and the Shrinking DocketWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I look at the Court’s latest opinion in Hall v. Hall and recap this week’s news and developments at the Court. Show NotesDeath Penalty Stay Applications:Rosendo Rodriguez:Order denying stayMedia coverage: CBS News Texas TribuneDoyle Hamm:Settlement Media coverage: AL.comOther News and Developments:
2018-03-3057 min
Counting to 5Episode 040: Livestream — Capital Punishment, Political Gerrymandering, and Sentence ReductionWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview five cases the Court will hear in the second week of March oral arguments, I review three new opinions in argued cases, and I look at one newly granted case and a whole bunch of recent orders from the Court. Show NotesDeath Penalty Stay Applications:Carlton Gary:Orders Denying Stay: 1 2Media Coverage: Atlanta Journal Constitution Albany Times Union
2018-03-231h 14
Counting to 5Episode 039: Livestream — Contract Clause, Compelled Speech, and Tribal Sovereign ImmunityWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview three cases the Court will hear in the first week of March oral arguments, and I review other recent developments at the Court. Show NotesDeath Penalty Stay Applications:Michael Eggers:Order Denying StayMedia Coverage: AL.com CBS NewsCarlton Gary:Orders Denying Stay: 1 2Media Coverage: Atlanta Journal Constitution Albany Times U...
2018-03-161h 02
Counting to 5Episode 038: Livestream — Just Compensation and NondelegationWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review two new opinions in argued cases, two newly granted cases for next term, and other recent orders from the Court. Show NotesSignificant Orders:Henry Schein, Inc. v. Archer & White Sales, Inc.Stay OrderWessinger v. VannoySotomayor Dissent from Denial of CertiorariNew Grants:Knick v. Township o...
2018-03-091h 21
Counting to 5Episode 037: Livestream — New Opinions and Cert GrantsWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review three new opinions in argued cases, three newly granted cases for next term, and several orders and other developments. Show NotesNew Developments:Doyle Hamm Death Penalty Stay Application:Circuit Justice Stay GrantFull Court Stay DenialNews coverage: AL.com Columbia Law SchoolCourt Calendar:April Oral ArgumentsDi...
2018-03-021h 13
Counting to 5Episode 036: Livestream — Opinions and February Week 2 Argument PreviewWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I review four new opinions in argued cases and several significant new orders, and I preview the five cases that the Court will hear in the second week of its February 2018 oral argument session. Show NotesDeath Penalty Stay Applications:Eric Scott Branch:Stay Denial: 1 2Execution: Pensacola News JournalThomas Whitaker:Proclamation Commuting Death Sentence
2018-02-241h 15
Counting to 5Episode 035: Argument Preview — United States v. Microsoft Corp.Welcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview a case called United States v. Microsoft Corp., which is going to be argued on Tuesday, February 27th, 2018.Show NotesUnited States v. Microsoft Corp.:SCOTUSBlog Case PageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5iTunes: i...
2018-02-2233 min
Counting to 5Episode 034: Argument Preview — Ohio v. American Express Co.Welcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview a case called Ohio v. American Express Co., which is going to be argued on Monday, February 26th, 2018.Show NotesOhio v. American Express Co.:SCOTUSBlog Case PageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5iTunes: i...
2018-02-2220 min
Counting to 5Episode 033: Argument Preview — Janus v. American Federation of State, County, and Municipal Employees, Council 31Welcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview a case called Janus v. American Federation of State, County, and Municipal Employees, Council 31, which is going to be argued on Monday, February 26th, 2018.Show NotesJanus v. American Federation of State, County, and Municipal Employees, Council 31:SCOTUSBlog Case PageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.com...
2018-02-2039 min
Counting to 5Episode 032: Livestream — February Week 1 Argument PreviewWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview the four cases that the Court will hear in the first week of its February 2018 oral argument session. Show NotesFebruary Week 1 Cases:City of Hays, Kansas v. Vogt:SCOTUSBlog Case PageCurrier v. Virginia:SCOTUSBlog Case PageRosales-Mireles v. United States:SCOTUSBlog Case PageD...
2018-02-1641 min
Counting to 5Episode 031: Argument Preview — Dahda v. United StatesWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview a case called Dahda v. United States, which is going to be argued on Wednesday, February 21st, 2018.Show NotesDahda v. United States:SCOTUSBlog Case PageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5iTunes: itunes.apple.c...
2018-02-1515 min
Counting to 5Episode 030: Argument Preview — Rosales-Mireles v. United StatesWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview a case called Rosales-Mireles v. United States, which is going to be argued on Wednesday, February 21st, 2018.Show NotesRosales-Mireles v. United States:SCOTUSBlog Case PageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5iTunes: itunes.apple.c...
2018-02-1523 min
Counting to 5Episode 029: Argument Preview — Currier v. VirginiaWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview a case called Currier v. Virginia, which is going to be argued on Tuesday, February 20th, 2018.Show NotesCurrier v. Virginia:SCOTUSBlog Case PageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5iTunes: itunes.apple.com/us/p...
2018-02-1516 min
Counting to 5Episode 028: Livestream — Gill v. Whitford and Partisan GerrymanderingWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I discuss the latest orders from the Court, and I take a close look at Gill v. Whitford, a case about the constitutionality of partisan gerrymandering.Show NotesDeath Penalty Stay Application:John Battaglia :February 1, 2018 Court Stay Denials: 1 2Orders on Gerrymandering Cases:Rucho v. Common Cause:February 6, 2018 Order denying expedited briefing and oral argument
2018-02-091h 04
Counting to 5Episode 027: Livestream — Masterpiece Cakeshop v. Colorado Civil Rights CommissionWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I discuss two applications by death row inmates in the past week seeking stays of execution, and I take a close look at Masterpiece Cakeshop v. Colorado Civil Rights Commission.Show NotesDeath Penalty Stay Applications:Vernon Madison :January 25, 2018 Justice Thomas Stay OrderJanuary 25, 2018 Court Stay OrderWilliam Rayford:January 30, 2018 Court Stay Denials: 1 2Supreme Court...
2018-02-021h 01
Counting to 5Episode 026: Argument Preview — City of Hays, Kansas v. VogtWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I preview a case called City of Hays, Kansas v. Vogt, which is going to be argued on Tuesday, February 20th, 2018.Show NotesCity of Hays, Kansas v. Vogt:SCOTUSBlog Case PageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5
2018-01-3140 min
Counting to 5Episode 025: Livestream — Late January Opinions and GrantsWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I discuss two new cases granted by the Court, three new opinions, and other developments of the past week.Show NotesOrders:Lucia v. SEC :SCOTUSBlog Case PageJanuary 18, 2018 Order appointing amicusRucho v. Common Cause:SCOTUSBlog Case PageJanuary 18, 2018 Stay OrderDep’t of Homeland Security v. Regents of the University of California:...
2018-01-261h 02
Counting to 5Episode 024: Opinion Analysis — Artis v. District of ColumbiaWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I discuss the Court’s decision in Artis v. District of Columbia, which was issued on Monday, January 22nd, 2018.Show NotesArtis v. District of Columbia:SCOTUSBlog Case PageOral Argument: Transcript AudioJanuary 22, 2018 OpinionCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)...
2018-01-2531 min
Counting to 5Episode 023: Opinion Analysis — District of Columbia v. WesbyWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I discuss the Court’s decision in District of Columbia v. Wesby, which was issued on Monday, January 22nd, 2018.Show NotesDistrict of Columbia v. Wesby:SCOTUSBlog Case PageOral Argument: Transcript AudioJanuary 22, 2018 OpinionCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)...
2018-01-2522 min
Counting to 5Episode 022: Opinion Analysis — National Association of Manufacturers v. Department of DefenseWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I discuss the Court’s decision in National Association of Manufacturers v. Department of Defense, which was issued on Monday, January 22nd, 2018.Show NotesNational Association of Manufacturers v. Department of Defense:SCOTUSBlog Case PageOral Argument: Transcript AudioJanuary 22, 2018 OpinionCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.com...
2018-01-2514 min
Counting to 5Episode 021: Interview with Jessica Ring Amunson — Class v. United StatesWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I talk with Jessica Ring Amunson, co-chair of Jenner & Block’s Appellate and Supreme Court Practice, who earlier this term argued at the Supreme Court on behalf of petitioner Rodney Class in the case Class v. United States.Show NotesJessica Ring Amunson:Firm Bio: Jenner & BlockClass v. United States:SCOTUSBlog Case PageOral Argument: Transcript AudioCounting to 5...
2018-01-2125 min
Counting to 5Episode 020: Livestream — New Cert GrantsWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode I review eleven newly granted Supreme Court cases that will likely be heard during the Court’s April oral argument session.Show NotesLivestream 003 — New Cert Grants:Archived Livestream: YouTube LinkCases Granted January 12, 2018:Abbott v. PerezSCOTUSBlog Case Pages: 1 2WesternGeco LLC v. ION Geophysical Corp.SCOTUSBlog Case PageLamar, Archer & Cofr...
2018-01-191h 03
Counting to 5Episode 019: Livestream — January Week 2 PreviewWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode I look at a recent unsigned opinion issued by the Court in a case called Tharpe v. Sellers, and then I talk about the four cases being argued in the second week of the Court’s January oral arguments.Show NotesLivestream 002 — January Week 2 Preview:Archived Livestream: YouTube LinkPer Curiam Opinion:Tharpe v. SellersOpinionJ...
2018-01-1658 min
Counting to 5Episode 018: Livestream — Term Update and January Week 1 PreviewWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode I provide an update on the Court’s current term, followed by a review of some of the most interesting cases the Court heard earlier in the term that we are still waiting on opinions from, a summary of the cases argued in the First week of the Court’s January oral arguments, and a quick preview of a few cases coming up later in the term.Show NotesLivestream 001 — Term Update and Ja...
2018-01-1154 min
Counting to 5Episode 017: Interview with Max Folkenflik — Epic Systems v. LewisWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, I talk with Max Folkenflik, the managing partner of Folkenflik & McGerity, who represents the employees in Ernst & Young LLP v. Morris, one of three employee arbitration agreement cases consolidated for argument before the Supreme Court on October 2nd.Show NotesCounting to 5 Livestream – October Week 1 Preview:On Friday, September 29th, at 11:00 am Eastern Time, Counting to 5 will be streaming live on Youtube. We’ll be discussing each of the cases...
2017-09-2725 min
Counting to 5Episode 016: 2017 Term Preview, Part 3 — ArbitrationWelcome back to Counting to 5, a podcast about the United States Supreme Court.In this episode, we continue our preview of the upcoming October 2017 Supreme Court term, looking at a case on the Court’s docket about arbitration agreements.Show NotesCounting to 5 Livestream – October Week 1 Preview:On Friday, September 29th, at 11:00 am Eastern Time, Counting to 5 will be streaming live on Youtube. We’ll be discussing each of the cases set for oral argument in the first week of the Court’s new term, previewing...
2017-09-2515 min
Counting to 5Episode 015: Interview with Ahilan Arulanantham — Jennings v. RodriguezWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I talk with Ahilan Arulanantham of the ACLU of Southern California about Jennings v. Rodriguez. Arulanantham represents the respondent Alejandro Rodriguez and a class of similarly situated noncitizen detainees, and he will be arguing before the Supreme Court on October 3rd.Show NotesAhilan Arulanantham:Online Bios: ACLU of Southern California; ACLU; MacArthur FoundationTwitter: @ahilan_toolong; @ACLU_SoCalACLU Immigrants’ Rights pageACLU SoCal Immigrants’ Rights...
2017-08-2424 min
Counting to 5Episode 014: 2017 Term Preview, Part 2 — ImmigrationWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, we continue our preview of the upcoming October 2017 Supreme Court term, looking at three immigration-related cases on the Court’s docket.Show NotesTravel ban litigation:Ninth Circuit February 9, 2017 Opinion: Washington v. TrumpFourth Circuit May 25, 2017 Opinion: IRAP v. TrumpNinth Circuit June 12, 2017 Opinion: Hawaii v. TrumpSupreme Court June 26, 2017 Opinion: Trump v. IRAPSCOTUSBlog Case Page: Trump v. International Refugee Assistance Project (IRAP)SCOTUSBlog Case Page: Trump...
2017-08-2318 min
Counting to 5Episode 013: 2017 Term Preview, Part 1 — OverviewWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, we take a big picture look at how the upcoming October 2017 Supreme Court term is shaping up.Show NotesOctober Term 2017:Supreme Court OT 2017 Granted Cases listSCOTUSBlog OT 2017 Case PagesOctober Term 2017 CalendarOctober 2017 Argument CalendarCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)P...
2017-08-0808 min
Counting to 5Episode 012: Interview with Gabe Roth of Fix the CourtWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this Episode, I talk with Gabe Roth, the executive director of Fix the Court, an organization that advocates for various reforms to the way the Supreme Court operates. We spoke about Fix the Court and its recent proposal to impose term limits on the Supreme Court.Show NotesFix the Court:Links: Website Facebook TwitterTerm Limits ProposalTerm-End Report on Supreme Court TransparencySCOTUSDailyCounting to 5:...
2017-08-0540 min
Counting to 5Episode 011: Matal v. Tam, Part IIWelcome back to Counting to 5, a podcast about the United States Supreme Court. This Episode is the second part of a two part look at the Court’s unanimous June 19th decision in Matal v. Tam, formerly known as Lee v. Tam, the case about the Asian-American rock band The Slants and their battle with the PTO to trademark their band name.In Part I, we looked at Simon Tam’s path to the Supreme Court, and explored how this case fits into broader cultural conversations about offensive speech. In this episode, we examine the legal argum...
2017-08-0227 min
Counting to 5Episode 010: Matal v. Tam, Part IWelcome back to Counting to 5, a podcast about the United States Supreme Court. This Episode is the first part of a two part look at the Court’s unanimous June 19th decision in Matal v. Tam, formerly known as Lee v. Tam, the case about the Asian-American rock band The Slants and their battle with the PTO to trademark their band name.Show NotesMatal v. TamReason interview with Simon TamJune 19, 2017 DecisionSCOTUSBlog Case pageCounting to 5:Show No...
2017-06-2818 min
Counting to 5Episode 009: Gorsuch’s Debut OpinionWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I analyze the Court’s unanimous June 12th decision in Henson v. Santander Consumer USA, Inc., the first opinion written by the newest Justice, Neil Gorsuch. Show NotesHenson v. Santander Consumer USA, Inc.June 12, 2017 DecisionSCOTUSBlog Case pageStatutory Interpretation Resources:Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal TextsElena Kagan & John Manning, A Dialogue with Justice Elena Kagan on t...
2017-06-1715 min
Counting to 5Episode 008: Cooper v. HarrisWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I talk about Cooper v. Harris, a case about the redrawing of two congressional districts in North Carolina following the 2010 census.Show NotesCooper v. HarrisMay 22, 2017 DecisionSCOTUSBlog Case pageCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5iTunes: itunes.apple.co...
2017-06-1215 min
Counting to 5Episode 007: Nearly UnanimousWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, we’re going to review the Court’s recent decisions in BNSF Railroad Co. v. Tyrrell and Impression Products, Inc. v. Lexmark International, Inc. Both of these decisions were issued on May 30th, and both were nearly unanimous with only a partial dissent by a single Justice.Show NotesThe Court’s Docket2016 Term Opinions of the CourtSCOTUSBlog October 2016 Term pageBNSF Railroad Co. v. Tyrrell...
2017-06-1116 min
Counting to 5Episode 006: Disappearing Cases, Part IWelcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, we’re going to look at two cases from this term, Visa, Inc. v. Osborn and Ivy v. Morath, both of which disappeared from the Court’s docket without oral argument or a written opinion. The Court disposed of these two cases in different ways and for very different reasons, but both are interesting for what they show about the Court and the judicial system.Show NotesVisa v. Osborn; Visa v. StoumbosSC...
2017-05-2712 min
Counting to 5Episode 005: Term UpdateWelcome the Episode 5 of Counting to 5, a podcast about the United States Supreme Court. On today’s episode we’re going to take a big picture look at the Court’s current term and briefly review a few of the highest profile cases.Show NotesSupreme Court TermIssued Opinions: LinkOral Arguments: Calendars AudioNeil Gorsuch Confirmation:Confirmation Hearings, Day 1: C-Span VideoConfirmation Hearings, Day 2: C-Span Video Part I Part IIConfirmation Hearings, Day 3: C-Span Video Part I Part II
2017-05-2213 min
Counting to 5Episode 004: October Week 2 RecapWelcome the Episode 4 of Counting to 5, a weekly podcast about the United States Supreme Court. On today’s episode we’re going to recap the oral arguments the Court heard in three cases this week, we’ll take a quick look at three new cases the Court has agreed to hear, and we’ll consider the Court’s first opinion of the term.Show NotesOral Arguments:Samsung Electronics Co. v. Apple: Transcript AudioPena-Rodriguez v. Colorado: Transcript AudioManrique v. United States: Transcript AudioOpi...
2016-10-1728 min
Counting to 5Episode 003: October Week 1 Recap, Week 2 PreviewWelcome to Episode 3 of Counting to 5, a weekly podcast about the United States Supreme Court. In this episode, we recap the five oral arguments the Court heard this past week, and then we’ll take an in depth look at the three cases that will be argued this coming week. Show NotesOral Arguments:Bravo-Fernandez v. United States: Transcript AudioShaw v. United States: Transcript AudioSalman v. United States: Transcript AudioBuck v. Davis: Transcript AudioManuel v. City of Joliet: Transcript Audio
2016-10-091h 06
Counting to 5Episode 002: October Week 1 PreviewWelcome to Episode 2 of Counting to 5, a weekly podcast about the United States Supreme Court. In this episode, we take an in depth look at the five cases the Court has scheduled for its first week of oral argument.Show NotesRecent Orders:New Certiorari GrantsLeave for Solicitor General to ArgueTilton v. SECUpcoming Oral Arguments:Bravo-Fernandez v. United StatesShaw v. United StatesSalman v. United StatesBuck v. DavisManuel v. City of...
2016-10-0238 min
Counting to 5Episode 001: 2016 Term PreviewWelcome to the First Episode of Counting to 5, a new podcast about the United States Supreme Court. In this episode, we look at the current State of the Court, including the prospects for filling the seat left vacant by the death of Justice Scalia, and we take a whirlwind tour of the cases the Court has already granted for the upcoming term.Show NotesRecent Orders:Ferrer v. Senate Subcommittee on InvestigationsDemocratic Party v. HustedDignity Health v. RollinsChief Judge Garland’s Re...
2016-09-2531 min
Counting to 5Episode 000: IntroductionWelcome to Counting to 5, a podcast about the United States Supreme Court. Counting to 5 aims to examine the Supreme Court in a way that’s accessible to interested non-lawyers or non-experts, but without sacrificing legal accuracy. I hope you’ll join us as we explore the Court and its work.Show NotesCounting to 5:Show Notes: Countingto5.comFacebook: Facebook.com/Countingto5Twitter: @Countingto5Email: mike@countingto5.comVoicemail: 774-2-COUNT-5 (774-226-8685)Patreon: patreon.com/countingto5iTunes: itunes.apple.com/us/podcas...
2016-09-2402 min