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SCOTUStalk

A scalpel, a bulldozer and the Affordable Care Act

Season 3, Ep. 3

The Supreme Court will hear argument Tuesday in one of the term’s biggest blockbusters: California v. Texas, the constitutional challenge to the Affordable Care Act. A group of Republican-governed states say the law’s individual insurance mandate is unconstitutional – and they are asking the court to strike down the entire law along with the mandate. Lydia Wheeler, a senior legal reporter for Bloomberg Law, sits down with SCOTUStalk host Amy Howe to preview the case and discuss how the three newbies on the bench – Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – may approach the constitutionality of the mandate and the legal doctrine known as severability.

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  • 11. The shadow docket with Steve Vladeck

    36:09||Season 5, Ep. 11
    Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, has closely tracked that change and its impact on the court as an institution in recent years. Vladeck joins Amy to discuss his new book The Shadow Docket. We are taking a hiatus from our regularly scheduled episodes this spring. We hope to be back soon. (Music by Keys of Moon Music via Soundcloud)
  • 10. Section 230 and the internet

    23:20||Season 5, Ep. 10
    In the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments in Gonzalez v. Google and Twitter v. Taamneh. EPIC filed an amicus brief in Gonzalez in support of neither party. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)
  • 9. SCOTUS Spotlight: Daniel Geyser

    29:39||Season 5, Ep. 9
    In another edition of our series of interviews with Supreme Court advocates, Amy sits down with Daniel Geyser, head of the Supreme Court practice at Haynes Boone. Geyser has argued 15 cases before the court, including two this term. He shares his thoughts on how to take advantage of the new argument structure and his advice for first time advocates.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)
  • 8. What’s going on with Munsingwear?

    29:59||Season 5, Ep. 8
    In an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened. The court is invalidating these decisions in brief procedural orders under what’s known as “Munsingwear vacatur.” Amy sits down with Tucker and Lindquist to hear more about the trend.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)
  • 7. Three decades covering the Supreme Court

    31:43||Season 5, Ep. 7
    After more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)
  • 6. Looking back at the term so far

    28:21||Season 5, Ep. 6
    The end of the calendar year means we’re about a third of the way through the SCOTUS year. Amy sits down with SCOTUSblog editor James Romoser to discuss the first three months of the 2022 term.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)
  • 5. The 800-pound gorilla

    23:25||Season 5, Ep. 5
    UCLA election law professor Richard Hasen joins Amy to explain Moore v. Harper, the case in which North Carolina legislators ask the justices to consider a theory that would give state legislatures near complete power to regulate federal elections without interference from state courts. Hasen breaks down the theory, known as the independent state legislature theory, and points to important briefs and potential outcomes to keep an eye out for. Moore v. Harper will be argued Wednesday, Dec. 7.Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)
  • 4. Can a web designer refuse to design websites for same-sex weddings?

    14:35||Season 5, Ep. 4
    On Dec. 5 the justices will hear oral argument in 303 Creative v. Elenis, a clash between free speech rights and LGBTQ rights. Bloomberg News Supreme Court reporter Greg Stohr joins Amy to explain the case and what to expect at oral argument. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)
  • 25. The Supreme Court overturns Roe v. Wade

    09:55||Season 4, Ep. 25
    On Friday, June 24, the court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not confer a right to abortion. Amy talks with abortion law scholar Mary Ziegler, professor of law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country. Send us a question about the court at scotustalk@scotusblog.com or leave us a voicemail at (202) 596-2906. Please tell us your first name and where you’re calling from.(Music by Keys of Moon Music via Soundcloud)