Late last week, the Court issued a report about its investigation into the Dobbs leak. Your hosts discuss the report and share their thoughts about the Marshal’s investigation. GianCarlo then gives a preview of some of the Court’s new cases and explains what a “DIG” is, and Zack discusses the first opinion of the term. GianCarlo interviews Professor Ilan Wurman about his books on Originalism and the Reconstruction amendments. And finally, Zack hits GianCarlo with some originalism-themed trivia.

 

The Court is back from its break, adding new cases to its docket, and hearing oral arguments. In this episode, GianCarlo previews the newly granted cases and explains the oral arguments in a rare professional ethics case, and Zack discusses the oral arguments in a case that will decide whether and to what extent Puerto Rico has sovereign immunity. Zack then interviews John Bash, a former clerk to then-Judge Kavanaugh and Justice Scalia and current partner at Quinn Emanuel. Finally, GianCarlo quizzes Zack about the “10th Justice.”

 

The Court heard oral arguments in two of the biggest cases of the term, 303 Creative v. Elenis and Moore v. Harper. Your hosts explain those cases and discuss the Court’s decision to take up the case challenging President Biden’s student loan cancellation plan. As mentioned in the episode, you can find GianCarlo and Jack Fitzhenry’s paper on that topic here. GianCarlo then interviews legendary 10th Circuit Senior Judge Paul J. Kelly, Jr. In this week’s trivia, Zack quizzes GianCarlo about election law, with a short detour into the world of football law.

 

This week your hosts go to lengths to explain why the apparently esoteric cases argued this week are, in fact, much more interesting than they sound. Meanwhile, Texas is back at the Court fighting the feds, something Texas S.G. Judd Stone has a lot of experience doing. Zack discusses that oral argument and then interviews former Congressman, Senator, Governor, and Ambassador Sam Brownback. For trivia this week, GC relies on the always excellent work of Dr. Adam Feldman to quiz Zack about Justice Jackson’s early oral argument performance.

 

This week the Court heard arguments in two major cases involving challenges to executive-branch agencies, and another race case involving a federal statute that restricts adoption and foster placement for Native American Children. Your hosts discuss those arguments, and then Zack interviews former ambassador and double SCOTUS clerk Chris Landau. After that, Zack grills GianCarlo with some very tough historical trivia.

 

It was another quiet week at the Court, but Justice Samuel Alito came to Heritage for our annual Joseph Story lecture. He sat down with John Malcolm and shared stories about his career and discussed topical issues like the leak of the draft Dobbs opinion and free speech on college campuses.

 

In this special episode, former Vice President Mike Pence joins your hosts to share some inside-baseball about the judicial selection and confirmation process. He also shares his thoughts about the role of the Court in our constitutional system, how Justice Thomas came to administer his oath of office, and his particular admiration for Justice Barrett.

 

It was a quiet week for orders, but a very exciting week for oral arguments. Your hosts discuss the copyright fight between the Andy Warhol Foundation and legendary rock-and-roll photographer Lynn Goldsmith, and the ideologically unpredictable Bacon Case, which might spark economic warfare between the states. GianCarlo then interviews Braden Boucek of the Southeastern Legal Foundation, and the two chat about fighting race essentialism in schools and the conservative legal movement. Last up, Zack grills GianCarlo about the Supreme Court’s art cases.

 

The Justices are back in their marble palace, and their newest member has joined the fray of oral argument. Your hosts, Zack and GianCarlo, share the latest SCOTUS news, discuss new cases, and chat about Justice Jackson’s oral argument style. Zack interviews Judge Stephen Vaden of the Court of International Trade who talks about his early years working on a farm, to his days at Yale law, and his experience as a specialist judge. He also shares his thoughts on the ongoing Yale Law free-speech controversies. Last up, GianCarlo is delighted to stump Zack with supreme-spouse trivia.

 

The Court is back next week, and the docket is already shaping up to be very exciting. This week we have a special preview of the upcoming term with former Solicitor General Paul Clement and former Acting Solicitor General Jeff Wall.


Hosted on Acast. See acast.com/privacy for more information.

We’ve reached the end of the term after a blockbuster month and an incredibly full week of orders and opinions. Your hosts wish farewell to Justice Breyer who is now officially retired and welcome Justice Ketanji Jackson. This week the Court decided all of its remaining cases including West Virginia v. EPA, a challenge to a power grab by the Environmental Protection Agency, Biden v. Texas, a challenge to Biden’s attempt to cancel the Remain-in-Mexico policy, and Kennedy v. Bremerton School district, which involved a school coach who was fired for praying privately after games. Your hosts discuss these and more. Of course, no term could conclude without GianCarlo trying to stump Zack with trivia, and this week it’s all about interesting statistics about this term.

 

The Court continued to release opinions at a frenzied pace this week. While GianCarlo enjoys some well-deserved R&R, the Meese Center’s Director, John Malcolm, joins Zack to break down everything that’s happening at the Court, including the release of an important religious liberty/school choice case, an important second amendment case, and, of course, Dobbs. Zack then interviews Ohio Solicitor General Ben Flowers. Last up, Zack puts John in the hot seat to try his hand at some Supreme Court-themed vacation trivia.

 

The floodgates opened this week, and the Court gave us eleven opinions. Given time constraints, your hosts discuss a few of the most interesting ones, including two Indian Law cases and a big Chevron deference case that did not mention Chevron. GianCarlo then interviews District Judge Patrick Wyrick of Oklahoma. Last up, GianCarlo tries to stump Zack with trivia about the Supreme Court’s end-of-term opinion bonanza.

 

This week a man angry about the leaked Dobbs opinion showed up to Justice Brett Kavanaugh’s home with a gun, a knife, burglary tools, and the intent to kill the Justice. Despite this, to the Justices’ credit, they are working just as hard as ever resolving orders and issuing four opinions. You hosts discuss the assassination attempt, talk about noteworthy orders, and unpack those opinions. Zack also interviews Supreme Court advocate Morgan Ratner, who clerked for both Kavanaugh and the Chief Justice. Finally, curious about whether other Justices have been similarly targeted, your hosts look at the history of attacks against them.

 

Despite some rumors that we might get the Dobbs opinion this week, we did not. We did, however, get opinions in an immigration case and in Senator Ted Cruz’s challenge to an election rule that limited a candidate’s ability to recover money loaned to his own campaign. Zack and GianCarlo unpack those cases in addition to the new cases that the Court took up this week. Zack then interviews Georgia Supreme Court Justice Nels Peterson. After that, GianCarlo grills Zack with trivia about sitting members of Congress who have served as Supreme Court clerks. Tune in to learn which Justice plays matchmaker on the side.

 

This week saw the biggest leak in Supreme Court history: a leaked opinion. And not just any opinion, but an early draft of a purported majority decision in the Dobbs case, which would, if issued, overrule Roe v. Wade and return abortion policy to the people of each state. Zack and GianCarlo chat about the leak, what it means for the Court, and what ought to happen to the leaker. They also discuss all the other news that was drowned out by the leak including the memorial service for Justice John Paul Stevens and a major First Amendment opinion issued this week. GianCarlo then interviews Mississippi Attorney General Lynn Fitch, and they talk about her career and her legal strategy in Dobbs. Finally, Zack quizzes GianCarlo about Justice Stevens’ life and career.

 

This was the final week of oral arguments of the term and also the final oral arguments for Justice Breyer. Your hosts discuss a kind tribute that the Chief Justice gave to his retiring colleague, new cert grants, and some of this week’s high-profile arguments. They also discuss the two decisions of the week and what happens when the court splits 4-4 on a case. GianCarlo then interviews Supreme Court advocate Sarah Harris, and the two talk about her interesting path to the law, which includes years spent studying a clandestine CIA program. Sarah also shares wonderful stories from her clerkships for Judge Sandra Lynch, Judge Laurence Silberman, and Justice Thomas. Finally, with a bunch of railroad cases on the Court’s docket, GianCarlo tries to stump Zack with trivia about the Court’s most famous (and infamous) train cases.

 

We are entering the final stretch of the term, and from here on out, opinions are likely to come fast. This week sets the pace with six opinions on free speech, tax, habeas corpus, and other issues. Your hosts explain them all and give a preview of next week’s high profile oral arguments. Zack then interviews Kelly Shackelford, the President and CEO of First Liberty Institute, and the two talk about the current and future state of religious liberty at the Supreme Court. Zack then tries to stump GianCarlo with trivia about justices born in April.

 

While Judge Ketanji Brown Jackson’s confirmation process wends through the Senate, the Court is keeping up a fast pace of orders, arguments, and opinions. Your hosts discuss those, including one particularly exciting new case that GianCarlo has dubbed “The Bacon Case.” Your hosts then jointly interview Ilya Shapiro to review Judge Jackson’s hearings. With bacon on the mind, GianCarlo tries to fry Zack with some breakfast-at-SCOTUS trivia. You can find Ilya’s excellent book about judicial confirmations here, and GianCarlo’s previous interview with him about it here.

 

The confirmation hearings for Judge Ketanji Brown Jackson filled the airwaves this week, but there were plenty of other Supreme Court goings on. Zack and GianCarlo give an overview of the hearings and then discuss this week’s opinions. The Court decided cases involving racial gerrymandering, free speech, and a fascinating issue of religious liberty and the death penalty. Zack then interviews Supreme Court litigator and former acting Solicitor General Jeff Wall. Lastly, GianCarlo quizzes Zack with trivia about the two (and, perhaps, soon to be three) Justices Jackson.