Cases and Controversies
Bloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth interviews. We explore critical legal issues with Supreme Court advocates, judges, law professors, lawyers, and legal journalists.
Episodes
Supreme Court Term to Have Lasting Impact With Few Blockbusters
The Supreme Court term was limited in its blockbusters this year, but the decision to limit the power of lower court judges to issue nationwide injunctions will have the biggest impact, attorneys and legal scholars say.
“It affects how cases get litigated in a big way,” said Anastasia Boden, a senior attorney at the Pacific Legal Foundation, a libertarian public interest law firm. "I saw someon
Justices End Term with Split Decisions and Powerful Dissents
The Supreme Court closed out its term with a string of rulings that divided the justices.
The court split 6-3 along ideological lines in opinions June 27 that limited the ability of lower courts to issue nationwide injunctions and gave parents the right to opt their children out of classroom instruction that violates their religious beliefs.
Cases and Controversies hosts Kimberly Robinson a
Trans Advocates See Glimmer of Hope After Loss at High Court
Transgender rights suffered a major loss at the US Supreme Court after its opinion in the Skrmetti case. But some advocates for transgender rights found reasons within the opinion to believe their cause might fare better in future cases.
Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler get into the details of this opinion on the latest episode of their podcast. They also talk a
Busy Opinion Season in Full Swing at the Supreme Court
The Supreme Court is chipping away at the mound of argued cases it has to decide before the justices break for summer.
The court has 21 cases left after releasing its latest batch of opinions. Those included a unanimous decision that revived a lawsuit brought by a family against the government after the FBI mistakenly raided their Atlanta home.
Disputes over a Tennessee ban on gender affirm
Trump's Tariffs Likely to Land On Justices' Shadow Docket Soon
The justices have already had a deluge of emergency requests from the Trump administration, and another is likely to land before them soon involving the president's tariffs.
Lower courts have temporarily ruled against the tariffs using doctrines recently revived by the Supreme Court's conservative majority to frustrate policies of Democratic administrations. The Trump administration has signale
Justices Cast Doubt on Long-Term Precedent With Trump Firings
The Supreme Court's long-awaited order over the president's firing of Democratic members of independent agencies is puzzling, according to the lawyer representing one of the fired individuals.
Gupta Wessler founder Deepak Gupta joins Cases and Controversies hosts Kimberly Robinson and Greg Stohr to discuss what the divided court did and did not do in allowing the administration to move forward
Justices Focus on Feasibility of Birthright Citizenship Limits
The practicalities of birthright citizenship being restricted in some states but not others appeared to be a concern of key justices on the US Supreme Court.
President Donald Trump has asked the justices to narrow lower court rulings that blocked his executive order limiting automatic citizenship to babies born with at least one parent who’s a citizen or permanent resident.
Cases and Controv
Justices to Consider Procedure in Birthright Citizenship Suit
The Supreme Court will sit for a special session May 15 to hear a challenge to President Donald Trump's birthright citizenship order.
The merits, however, are not before justices at this time. Instead, the court will consider the scope of relief temporarily available to the parties, and in particular whether federal district courts can enjoin a policy nationwide as to all persons affected.
J
Supreme Court Debates Bid for First Religious Charter School
The Supreme Court heard the last in a trio of cases over religious rights with the justices appearing to split long largely ideological lines.
During arguments April 30 in Oklahoma Statewide Charter School Board v. Drummond, the justices considered a virtual school's bid to become the nation's first religious charter school.
Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson say
Justices Focus on Meaning of LGBTQ Books in Religious Rights Row
US Supreme Court justices spent a lot of time last week discussing the meaning of LGBTQ-themed books that parents in a Maryland public school district say interfere with the religious rearing of their children.
One book, “Uncle Bobby’s Wedding,” was a focal point of the April 22 arguments in Mahmoud v. Taylor. The justices questioned whether mere exposure to things a parent disagrees with burdens
Obamacare Is Back at Supreme Court in Preventive Care Fight
Obamacare is back before the Supreme Court in a challenge to its no-cost coverage requirements for certain preventive health services.
The justices will weigh the constitutionality of the US Preventive Services Task Force, which recommends the tests and treatments insurers should cover, when they return to the bench on Monday for the April sitting.
If the lower court's decision is upheld, "it is
Justices Walking 'Tightrope' With Modest Trump Victories
The US Supreme Court's attempt to avoid a confrontation with President Donald Trump has real world costs, said Georgetown Law professor Stephen Vladeck.
Vladeck spoke with Cases and Controversies hosts Kimberly Robinson and Greg Stohr about the flurry of recent rulings from the justices in emergency requests involving the administration's policies.
The majority of the justices have been careful
Trio of Religious Liberty Cases Getting Heard at Supreme Court
Supreme Court justices from across the ideological spectrum appeared ready to side with a religious group seeking an unemployment tax exemption, in the first of three church-state disputes on tap in coming weeks.
"I thought it was pretty fundamental that we don't treat some religions better than other religions," Justice Elena Kagan said. "And we certainly don't do it based on the content of the
Supreme Court Backs 'Ghost Gun' Rule, Considers Agency Limits
The federal government appeared likely to win a high-stakes appeal over a multibillion-dollar telecommunications fund while securing a win on Biden-era regulations on build-at-home "ghost guns."
Several justices during arguments March 26 in FCC v. Consumers' Research, appeared hesitant to reinvigorate the so-called nondelegation doctrine to strike down the Universal Service Fund. The fund is inte
Justices to Weigh if Congress Can Hand Over Rulemaking Power
The Supreme Court will consider a case at the end of March that could limit Congress’ ability to let federal regulators determine what public health and safety standards are necessary.
Depending on what the court decides, any statute that grants discretion to an agency could be open for re-review, said Jessica Ellsworth, a partner at Hogan Lovells.
"There's probably hundreds of thousands of places
Supreme Court in 'Eye of Storm' Before Taking on Major Cases
After a slow start, Supreme Court justices will hear consequential disputes as they head into second half of the term.
"This might be the eye in the storm that this was kind of a bit of a slower term," said Goodwin partner Brian Burgess. "There's some big, big cases ahead."
Burgess highlights cases involving religious rights, Obamacare, and forum shopping with Cases and Controversies hosts Lydia W
High Court Ruling on Nuclear Waste Storage Site Hard to Predict
A fight over plans for a privately owned nuclear waste storage facility in Texas seemed to divide the US Supreme Court as the justices wrestled with a federal agency’s regulatory authority and who can challenge it.
Cases and Controversies hosts Greg Stohr and Lydia Wheeler unpack Wednesday’s arguments in the dispute over a Nuclear Regulatory Commission license that would have moved as much as 40,0
Supreme Court Confronts Bid to Open Up Gunmakers' Liability
The US Supreme Court hears argument March 4 in a case over gun industry protections from lawsuits.
The dispute involving Mexico and Smith & Wesson Brands Inc. centers on whether exceptions to the 2005 Protection of Lawful Commerce in Arms Act open manufacturers to court challenges.
Mexico alleges gunmakers intentionally trade with suppliers for drug cartels and the law allows suits when industry k
Supreme Court Pulled Into First Trump Fight Over Executive Power
The Supreme Court- has been pulled into its first dispute over a Trump administration action with more cases likely coming its way.
Acting Solicitor General Sarah Harris asked the justices in an emergency request to toss out a temporary restraining order that stopped President Donald Trump from firing the head of the US Office of Special Counsel.
Lower courts have issued TROs in response to Trump’
Trump Will Force the Supreme Court to Face its Biggest Fear: Essay
The US Supreme Court is confronting the stark reality that, unlike the other two branches of government, the court has no real power to enforce its decisions. Should someone — whether government official or private citizen — refuse to comply, the justices have no army or constitutional spending power to use as a cudgel, Bloomberg Supreme Court reporter Greg Stohr writes in a new longform essay.
Th
Justices to Weigh Evidence Rule in Reverse Discrimination Suit
The US Supreme Court will hear arguments in a reverse discrimination case when the justices return to the bench at the end of the month.
A heterosexual woman is asking the court to revive her lawsuit against the Ohio Department of Youth Services where she's worked since 2004 after the US Court of Appeals for the Sixth Circuit said she hadn't shown the "background circumstances" necessary to take
Trump Actions Spark Potential Legal Challenges for Supreme Court
President Donald Trump’s executive orders have sparked a flurry of legal challenges that tee-up constitutional questions about the breadth of executive power the US Supreme Court may be forced to settle.
Daniel Cotter, a partner at Dickinson Wright who writes a column on the Supreme Court for the Chicago Daily Law Bulletin, joins Cases and Controversies to talk about which disputes could get Supre
Supreme Court Mulls Test for Reasonable Force in Police Killings
Supreme Court justices seemed to agree courts should look at the totality of circumstances when analyzing whether a police officer's use of deadly force was reasonable.
During arguments Wednesday, the US Supreme Court appeared ready to rule the US Court of Appeals for the Fifth Circuit had used the wrong test when it considered the claims of a mother who argues a Texas police officer unjustly shot
Justices Mull Scrutiny Test In Porn Site Age Verification Case
Several justices on the Supreme Court seemed eager this week to debate the constitutionality of a Texas law that requires porn sites to verify the age of users to keep kids from viewing obscene content online.
But the court was only asked in the case argued Wednesday to answer whether the US Court of Appeals for the Fifth Circuit applied the correct standard when assessing whether the law violated
Social Media, National Security Collide in TikTok Argument
The much-anticipated argument of the future of TikTok in the US will be heard by the Supreme Court on Friday.
Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler preview the case with Knight First Amendment Institute staff attorney Xiangnong (George) Wang.
The Biden administration says the law, which effectively bans the social media site in the US unless sold by its Chinese owner, i
Broadway, Books, and Big Rulings Cap Supreme Court Year
After an eventful 2024, the justices are now on winter break until Jan. 10.
"Cases and Controversies" hosts Kimberly Robinson, Lydia Wheeler, and Greg Stohr review all the biggest news stories from the justices in 2024, from Justice Samuel Alito's flag controversy to Justice Ketanji Brown Jackson's dream-come-true Broadway debut.
They also look ahead to the cases to be heard in 2025, which include
Justices Lean Into Agency Deference in Environmental Challenge
Justices from across the ideological spectrum appeared primed to limit the scope of environmental impact reviews, but it's unclear if they need a new test to do so.
Cases and Controversies hosts Kimberly Robinson and Greg Stohr breakdown the Dec. 10 arguments in Seven County Infrastructure Coalition v. Eagle County, Colorado, an environmental case about how deep agencies must go in looking at the
Supreme Court Weighs Transgender Case Broader Impact
Justices on both sides of the US Supreme Court’s ideological line seemed concerned about a future ruling on gender-affirming care for minors reaching far beyond Tennessee and transgender kids.
Whether an appeals court erred in how it scrutinized the constitutionality of state laws that purport to discriminate against people based on their sex was a central part of Dec. 4 arguments in United States
High Court Vaping Case Tests FDA's Regulatory Powers
A case testing the federal government's ability to regulate potentially harmful tobacco products will kick off arguments at the US Supreme Court in December.
The Biden Administration is fighting to keep off the market new liquids for e-cigarettes sold under flavors like "Blackberry Lemonade" and "Killer Kustard Blueberry" that can attract kids in its appeal of a US Court of Appeals for the Fifth C
Nvidia Highlights Justices' Struggle in Drawing Lines
The US Supreme Court struggled with where to draw the appropriate lines in bread-and-butter cases involving Nvidia Corp., criminal law, and immigration deadlines.
In the securities case, the court looked for what Chief Justice John Roberts called a "sweet spot" in the Nvidia investor suit alleging the chipmaker at the heart of the AI boom misled the public about its dependence on crypto-mining rev
Justices Search for Line in Meta Investor Suit
The US Supreme Court struggled with how to ensure investors get accurate information without exposing companies to massive liability, in the multi-billion-dollar investor suit against Facebook’s parent company, Meta.
The case centers on the fallout from Cambridge Analytica's unauthorized misuse of users data. Investors claim the tech giant mislead investors when warning that data misuse was a hypo
Biden Supreme Court Case Flips Possible if Trump Wins
Donald Trump is likely to flip Biden administration positions in disputes at the US Supreme Court over certain health-care treatments for transgender minors and federal regulations for build-at-home “ghost guns” should he win the White House.
“These changes in position are not frequent, but we do see them every four years,” said Thomas Wolf, director of democracy initiatives at the Brennan Center
Is a Bush v. Gore Sequel Possible This Year?
The US Supreme Court is less likely to be the deciding factor in the tight presidential election absent a game-changing dispute in a single state as was the case in 24 years ago when the election went to the justices in Bush v. Gore.
Notre Dame law professor Derek Muller joins Cases and Controversies to explain what states and courts are doing to try to avoid such a situation ahead of Nov. 5, and
Injury Divides Supreme Court in Lawsuit Over CBD Oil
A truck driver consumed CBD oil, failed a drug test, and was fired from his job, but can he sue the companies that make the product for three times his lost wages?
That was the question before the Supreme Court in a case that tests the scope of the Racketeer Influenced and Corrupt Organizations Act, a federal law otherwise known as RICO that was designed to fight organized crime.
RICO is a crimina
Capital Defendant Seeks Rare Win at Supreme Court
Oklahoma death row inmate Richard Glossip appears likely to achieve a rare victory at the Supreme Court despite a conservative majority that’s often hostile to capital defendants.
One factor setting Glossip’s case apart from others is that the state’s Republican attorney general sided with him in his bid for a new trial.
But the fact that it’s still a question whether Glossip will prevail after a
Diverse Groups Team Up On Civil Rights Attorneys' Fees
Supreme Court justices kick off their new term with arguments on guns and the death penalty, but a case about attorneys’ fees in civil rights cases has grabbed the attention of a diverse set of outside parties.
Pooja Chaudhuri, of the Lawyers’ Committee for Civil Rights Under Law, joins Cases and Controversies to discuss why groups supporting gun rights, religious freedom, and racial justice have
'Ghost Guns' Fight Ahead in New Supreme Court Term
The Supreme Court kicks off its new term on Oct. 7 and the justices will hear arguments the first week in a dispute over “ghost gun” kits and an appeal from a death row inmate in Oklahoma.
With about 27 cases granted for argument so far, the term is light on potential blockbusters.
“There are a lot of cases that I would describe as kind of the meat and potatoes type cases that you typically see on
Gorsuch, Jackson Books Top Busy Supreme Court Summer
Emergency requests, book tours, and security threats kept the justices busy while the US Supreme Court was on its summer recess.
Get up to speed with Cases and Controversies hosts Kimberly Robinson, Lydia Wheeler, and Greg Stohr before the court kicks off its new term on Oct. 7.
Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
Blockbusters Bring Down Curtain on Supreme Court Term
The US Supreme Court closed out a blockbuster term with rulings that are likely to shield former President Donald Trump from facing a jury until after the election and further undercut the power of federal regulators.
In decisions that split 6-3 along the court's ideological line, the justices for the first time in history said former presidents have some immunity from criminal prosecution for of
Supreme Court Nears Term End with Blockbuster Rulings
The US Supreme Court closed in on the end of its term with big rulings gutting the way federal agencies wield power, temporarily allowing emergency abortions in Idaho, and embracing a public camping ban that targets homeless people.
The court is expected to wrap up the release of opinions in argued cases for the term on Monday, when decisions on social media laws and former President Donald Trump'
Gun Ban Upheld in Opinion Dump Before Court Ends Term
The US Supreme court will release opinions Wednesday through Friday this week. The end of the term appears in sight with things usually wrapping up by the end of June.
There are 14 decisions in argued cases still to hand down following the release of nine opinions last week. Those included an 8-1 decision upholding a federal law that bans people subject to domestic violence restraining orders from
Justices Rule on Guns, Abortion as End of Term Nears
The US Supreme Court issued its highly anticipated rulings in cases involving the abortion drug mifepristone and so-called bump stocks, with cases on presidential immunity, the administrative state, and the Jan. 6 Capitol attack pending.
Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down the six cases the justices decided last week, including an under-the-radar trademark
Supreme Court to Crank Out Opinions as Term End Nears
The US Supreme Court still has a lot left to do before it can close the term.
Out of the 61 cases argued between October and April, the justices still have 29 to decide and they include some potential blockbusters.
The court is expected to rule by the end of June on two abortion-related disputes and Donald Trump’s appeal for absolute immunity from prosecution over election interference allegations
Programming Note & UnCommon Law Episode: AI Trained on Famous Authors’ Copyrighted Work. They Want Revenge – Part 1
Cases and Controversies is on hiatus for a bit while we create some great new episodes for you. Until then, we're pleased to offer a special presentation of our ABA Silver Gavel award-winning series, UnCommon Law.
Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncann
Official Act Is Sticking Point in Trump Immunity Claim
Donald Trump may still get a victory even if the Supreme Court rejects his claim for blanket immunity from criminal prosecution.
Several key justices seemed inclined during arguments on Thursday to send Trump’s case back to the trial court to determine whether he was acting in his official capacity when he tried to overturn the 2020 election and during the run-up to the Jan. 6 Capitol riot by his
Idaho Abortion Ban Getting Supreme Court Review
The Supreme Court will hear its second abortion case of the term, this time on Idaho’s ban and the reach of federal law in anti-abortion states.
The Biden administration argued that the federal Emergency Medical Treatment and Labor Act requires hospitals to provide an abortion when there is a serious risk of harm to the mother.
Alliance Defending Freedom’s John Bursch joins Cases and Controversies
US Supreme Court Considers Novel Charges Over Jan. 6
The Supreme Court will consider whether prosecutors went too far in charging Jan. 6 rioters with an Enron-era statute, in a case that could have implications for the criminal prosecution of former President Donald Trump.
Former Boston Police officer Joseph Fischer, who participated in the Capitol breach, hopes to tap into concerns by some justices that prosecutors have too much discretion. It's so
Homeless Dispute Getting Rare Supreme Court Hearing
A fight over an Oregon city’s attempt to outlaw homelessness would make headlines in any other term. But the case, said to be the first of its kind in decades and set for argument April 22, has flown under the radar.
The justices are being asked if the Eighth Amendment ban on cruel and unusual punishment prohibits Grants Pass from enforcing an ordinance that makes it unlawful to sleep on public pr
Supreme Court Abortion Pill Argument Light on Merits
Arguments in the challenge to the abortion drug mifepristone suggest the Supreme Court will nix the dispute on technical standing grounds.
Justices from across the ideological spectrum suggested the anti-abortion doctors at the center of the case were asking too much.
Cases and Controversies hosts run through the lopsided arguments that focused little on the merits and almost exclusively on whethe
Government Censorship Focus of Supreme Court Disputes
Lower court rulings that largely halted Biden administration communication with social media companies to combat misinformation about Covid and the 2020 election faced skepticism from Supreme Court justices.
Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down the March 18 arguments in Murthy v. Missouri and NRA v. Vullo, a second First Amendment fight about alleged governm
Supreme Court Urged to Take Up Fight Over Trans Youth
The Biden administration and others are asking the Supreme Court to weigh in on state bans on gender-affirming care for transgender kids despite its refusal to resolve related disputes over youth sports and student bathroom use.
The ACLU’s Li Nowlin-Sohl joins Cases and Controversies to discuss bans out of Kentucky, Tennessee, and Idaho pending before the court, and the chances that the justices w
Divide Surfaces in Supreme Court Trump Ballot Ruling
Headlines touting the Supreme Court’s unanimous decision to keep Donald Trump on the Colorado presidential ballot obscured division among the justices over the Constitution’s insurrection clause.
UC Davis School of Law professor Ashutosh Bhagwat joins Cases and Controversies to explain what the justices did and didn’t agree on March 4 regarding Section 3 of the 14th Amendment, and what that means
Supreme Court Digs into Guns, Social Media, and Trump Immunity
It was a big week at the Supreme Court with arguments over social media and guns, and a grant on Donald Trump’s bid for immunity from prosecution over alleged election interference.
Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler detail arguments in Garland v. Cargill, the challenge to the federal government’s ban on so-called bump stocks, and Moody v. NetChoice and NetChoice v.
Social Media Cases Could Impact Public Discourse Online
The Supreme Court will hear arguments Monday in fights over laws in Florida and Texas that seek to stop social media platforms from censoring conservative speech online.
At issue are provisions that require platforms to keep up certain kinds of content and inform users when posts are removed.
The justices are being asked to decide if those requirements are constitutional under the First Amendment
Supreme Court Weighs Next Steps on Trump Immunity Bid
Supreme Court justices have a number of things to sort out before deciding whether to take up or reject the question of whether Donald Trump can be prosecuted for election interference.
Should the justices give Trump another crack at the DC Circuit on his immunity claim? And how should they decide special counsel Jack Smith’s request to treat Trump’s appeal as a petition for a full review?
Georget
Historic Trump Ballot Argument Explored Numerous Paths
Supreme Court arguments in Colorado’s bid to remove Donald Trump from the state’s presidential primary ballot tested a number of legal principles and scenarios.
The justices dove into the potential impact on their deliberations of a case from the 1860s as well as whether state governments have powers to effectively decide a presidential election.
Cases and Controversies hosts Kimberly Robinson and
High Court ‘Friends’ Urge Caution in Trump Ballot Case
The Supreme Court will hold a special session Feb. 8 to consider whether Colorado can keep Donald Trump off the primary ballot.
Notre Dame Law School professor Derek Muller joins Cases and Controversies to explain the legal issues at play and the potential impacts of a court ruling that fails to give a definitive answer before the presidential election.
Do you have feedback on this episode of Case
Trump’s Supreme Court Case Raises Security Questions
Supreme Court justices will soon hear argument on Donald Trump’s appeal to stay on the Colorado primary ballot, but another question for the court is whether the former president will attend the proceedings.
Trump has done so in other court hearings of late around the country, creating unprecedented security challenges. While the Supreme Court is used to heightened security for the justices, hosti
With Chevron Doctrine Likely to Fall, What Comes Next?
The conservative-led Supreme Court seems primed to nix a bedrock principle governing the relationship between administrative agencies and federal courts.
Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down the 3 1/2-hour argument on Jan. 17 in Relentless Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo.
From the justices different understandings of t
Trump, Agency Power Fights Tee-Up Historic Court Term
Big challenges to federal agency regulatory powers at the Supreme Court could end up as a footnote to what’s shaping up to be a momentous term.
Hosts Lydia Wheeler and Kimberly Robinson discuss how the court set up a historic sitting in agreeing to hear Donald Trump’s fight to stay on the 2024 primary ballot in Colorado and a second abortion case.
It was already a significant term with two challen
No Fly, Property Rights Start Supreme Court New Year
The Supreme Court’s January sitting starts Monday and most of the focus will center on administrative law cases. But important arguments on government gamesmanship and property rights are also on tap.
Anastasia Boden of the Cato Institute joins Cases and Controversies to break down upcoming arguments.
Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voice
Tense Exchanges, Big Supreme Court Argument Moments
Arguing at the Supreme Court is no walk in the park. The justices ask tough questions and give hypotheticals that can trip up even the most prepared advocate.
As the year comes to a close, Cases and Controversies hosts Lydia Wheeler and Greg Stohr look back at the most memorable moments from Supreme Court arguments so far this term since the court follows its own calendar.
There were some uncomfor
Grants in Abortion, Jan. 6 Add to Momentous Term
The Supreme Court added two high profile disputes to its docket and suggested it will fast-track a third involving former President, adding to an already consequential term.
Hosts Kimberly Robinson, Lydia Wheeler, and Greg Stohr discuss the new cases on access to the abortion drug mifepristone, a challenge to Jan. 6 prosecutions, and immunity for former President Donald Trump on his efforts to ove
O’Connor’s Trailblazing Career Marked By Grit, Charisma
Justice Sandra Day O’Connor solidified her legacy as the first female jurist to sit on the Supreme Court.
One of her former clerks, Tamarra Matthews Johnson, joins Cases and Controversies to discuss her former boss as a justice and as a role model for women.
She touches on O’Connor’s career hurdles and how her political experience came through in her time on the high court bench.
Johnson recalls O
Justices Suggest Narrow Ruling on SEC Enforcement
The Supreme Court appeared likely to require the Securities and Exchange Commission to bring certain enforcement actions in federal court, rather than resolve them in-house.
The only question appeared to be whether the justices' ruling will ensnare other federal agencies.
Cases and Controversies hosts Kimberly Robinson and Greg Stohr discuss how the court might limit its ruling.
Do you have feedb
Supreme Court’s First Ethics Code Gets Cool Reception
The Supreme Court’s inaugural code of conduct, issued under pressure from transparency advocates and Congress, does little to quell concern over how the justices conduct themselves on ethics, critics say.
The Brennan Center’s Jennifer Ahearn joins Cases and Controversies to talk about how the lack of an enforcement method, special recusal rules, and general tone are unlikely to result in many chan
Justices Weigh New Gun Test in Domestic Violence Case
A lopsided Supreme Court appeared ready to side with the Biden administration in a Second Amendment challenge to a federal gun ban for those subject to domestic violence restraining orders.
The real issue for the justices is how to apply their new test, established in the court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, that requires courts to look for historical su
Justices Seek Balance for Online Speech Protections
The justices searched for the proper line to balance free speech protections for public officials and their constituents online, in the first of several disputes involving social media this term.
The Electronic Frontier Foundation's David Greene joins Cases and Controveries to explain the competing First Amendment issues at play in Lindke v. Freed and O’Connor-Ratcliff v. Garnier and how the cases
Barrett Rocks Out As Justices Return to Courtroom
Justice Amy Coney Barrett made news this week when she became the latest justice to back a high court ethics code, but her tale of rocking out to the turn-of-the-century hit "Who Let the Dogs Out" in the stately halls of the highest court in the land stole the show.
Cases and Controversies hosts Kimberly Robinson and Greg Stohr catch up on all the justices' latest activities. They also highlight
Justices Take Up South Carolina Redistricting Dispute
Fresh off last term’s win in an Alabama redistricting case, civil rights groups returned to the Supreme Court to argue that voting maps drawn by South Carolina Republicans disenfranchise Black voters and should be redrawn.
But arguments in Alexander v. South Carolina State Conference on Oct. 11 seemed to favor the GOP-led legislature despite a deferential standard that limits the justices’ ability
Barrett, Kavanaugh Could Be Key in CFPB Funding Fight
Whether funding of the Consumer Financial Protection Bureau is unlawful or not could rest with conservative Justices Brett Kavanaugh and Amy Coney Barrett, one court watcher says.
Brennan Center for Justice President and CEO Michael Waldman joins Cases and Controversies to discuss a challenge to the Obama-era agency that was set up in the aftermath of the financial crisis to regulate mortgages, au
Blockbuster Fallout Looms Over New Supreme Court Term
The Supreme Court kicks off its 2023 term on Monday with guns, abortion, and affirmative action potentially coming back—whether the justices are ready for them or not.
Advocates and lower courts are emboldened by the high court’s recent rulings in key areas and are bringing aggressive claims that the justices might not have anticipated, University of Chicago law professor David Strauss said.
The “
Death Row Defendants Find Few Wins at Supreme Court
Death penalty cases are often adjudicated for years, if not decades, before they reach the Supreme Court. But once they do, the justices must make life-or-death decisions in a relatively quick amount of time.
Death penalty cases at the Supreme Court often come through the court's emergency, or "shadow" docket. In recent years, the court's conservatives have handed down rulings that closed off seve
'Cases and Controversies': A Dramatic First Decade
From Antonin Scalia’s sudden death, to four new justices, a leaked opinion draft, the overturning of abortion rights, and the pandemic-era introduction of live audio for oral arguments—a lot has happened at the Supreme Court in the past decade and Cases and Controversies has been there for all of it.
The Bloomberg Law podcast started in very lo-fi way in a virtual closet has grown over the years a
Supreme Court ‘Supersized’ Major Questions Doctrine
Rejection of Joe Biden's student loan forgiveness plan suggests Supreme Court conservatives are going to be more comfortable with second-guessing federal agency determinations even when they fall within a federal statute.
UCLA law professor Adam Winkler joins Cases and Controversies to discuss what he's calling the "supersized" Major Questions Doctrine, the high court-made principle that's risen i
Supreme Court Wraps Up With Conservative Trifecta on Big Cases
Conservative justices asserted themselves in a big way in the final days of the Supreme Court term.
The six Republican-appointed justices joined together in striking down affirmative action, rejecting Joe Biden’s student loan forgiveness plan, and supporting religious liberty in a setback for LGBTQ rights.
While the end of this term for argued cases wasn’t as explosive as a year ago when the court
Biggest Cases Loom as Supreme Court Hits Homestretch
The Supreme Court heads into the final week of the term for argued cases with a flurry of opinions on tap, including what could be a blockbuster on affirmative action in higher education and the fate of Joe Biden’s student loan relief plan.
Ten 10 cases remain with work expected to be wrapped up by June 30.
Cases and Controversies hosts Kimberly Robinson and Greg Stohr take listeners down the home
Tribal Adoption Law Survives Colorblind Challenge
In upholding a landmark measure meant to keep adopted American-Indian children with tribal families, the Supreme Court again declined to embrace a colorblind view of federal law.
The conservative argument that race should almost never be a factor in setting and interpreting federal law hasn’t fared well this term. But that could change with decisions pending in challenges to affirmative action at
Justices Surprise by Refusing to Remake Voting Rights
The Supreme Court declined to make it harder to bring racial challenges to voting rules, shocking court watchers who expected the majority conservative court to make major changes to the law.
Goodwin's William Jay joins Cases and Controversies to discuss the reasons why Chief Justice John Roberts and Justice Brett Kavanaugh refused to go along with their conservative colleagues, and what, if anyth
New Jackson Milestone as Supreme Court Term Nears End
Ketanji Brown Jackson continues to draw notice on the Supreme Court, this time writing the first solo dissent from a first-term justice since Clarence Thomas in 1991.
Cases and Controversies hosts Kimberly Robinson and Greg Stohr discuss Jackson’s dissent in the labor case, and how she’s handled herself since joining the court in October.
They’ll also analyze some of the 27 cases still outstandin
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