SCOTUStalk

Robert Barnes,the 15-year veteran Supreme Court reporter for The Washington Post, joins Amy Howe to take stock of the court’s term so far and look at what’s ahead. The two recap the January argument session — including Justice Elena Kagan’s now-famous Taylor Swift reference — and they try to answer the question everyone has been asking: What will Justice Stephen Breyer do?

President-elect Joe Biden has not yet announced a nominee for solicitor general, the top lawyer who represents the government before the Supreme Court. SCOTUStalk host Amy Howe and SCOTUSblog’s media editor, Katie Barlow, discuss potential picks. The next solicitor general could be a Washington insider, or it could be someone unexpected -- like Elena Kagan, who had never argued a case before the Supreme Court when President Barack Obama chose her as solicitor general in 2009. The two also discuss who may be on the short list for a Supreme Court nomination if a justice were to retire in the coming year.

The Supreme Court changed dramatically last year, and more changes could be in store in 2021. SCOTUSblog publisher Tom Goldstein joins SCOTUStalk host Amy Howe to talk about what happened in 2020 and what’s next for the court. They discuss Justice Amy Coney Barrett’s early impact, the benefits and drawbacks of remote oral arguments, and how the court has handled President Donald Trump’s attempts to overturn the election. They also look ahead to what a Biden administration could do on day one to change the trajectory of some important upcoming cases, including disputes over border-wall funding and the Trump administration’s “remain in Mexico” immigration policy — both currently set for oral argument in the next two months.

Since 2011, there has been “an explosion” of amicus briefs at the Supreme Court, according to Arnold & Porter’s Anthony Franze and R. Reeves Anderson, who study the issue and recently wrote anarticle examining the decade-long trend. Franze and Anderson join SCOTUStalk host Amy Howe for a look at how amicus briefs have evolved. They examine what type of amicus brief is likely to influence the court, how the justices interact with the briefs and, most importantly, how to correctly pronounce “amicus.”

Beth Brinkmann, the co-chair of the appellate and Supreme Court litigation group at Covington & Burling, has argued 25 cases before the Supreme Court and is one of the most experienced advocates practicing today. In the latest episode in our “SCOTUS spotlight” series on oral advocacy, SCOTUStalk host Amy Howe sits down with Brinkmann to talk about what it takes to develop that level of expertise. Brinkmann recounts her first oral argument before the court while working in the solicitor general’s office -- and later, helping change that office’s hiring practices to allow more women to work there. She offers advice for lawyers appearing before the court and tells a memorable story about giving birth, winning a case and losing her mentor, Justice Harry Blackmun, all within 48 hours.

What is the Supreme Court’s “shadow docket”? John Elwood, head of Arnold & Porter’s appellate and Supreme Court Practice, sits down with SCOTUStalk host Amy Howe to explain the often opaque work that happens outside of the court’s regular roster of argued cases. For much more on the shadow docket and its increasing importance, check out SCOTUSblog’s recent symposium on how this group of cases has shaped issues such as voting procedures, coronavirus responses, capital punishment and more.