Best Scotus Oral Arguments Podcasts (2025)

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A Constitutional Clash: Trump's Tariffs and the Separation of Powers 18:12

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5d ago18:12

18:12

Overview This episode examines the Supreme Court's September 9, 2025 Order that expedited review of two consolidated cases challenging President Trump's authority to impose sweeping tariffs under the International Emergency Economic Powers Act (IEEPA), representing a constitutional clash over the separation of powers and presidential trade authorit…

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State-Level Remedies for the Housing Crisis 1:08:25

2h ago1:08:25

1:08:25

Many areas of the country are beset by serious housing shortages. State-level regulatory policies such as exclusionary zoning and other restrictions on construction are, according to some analysts, major causes of the crisis. A variety of possible reforms have been enacted or proposed in various studies, including “YIMBY” (“Yes In My Backyard”) zon…

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How Crypto Champion, Faryar Shirzad, and Coinbase Are Advocating for America's Digital Future 47:43

9h ago47:43

47:43

Host Jan Baran sits down with Coinbase Chief Policy Officer Faryar Shirzad for an educational and illuminating deep dive into cryptocurrency's intersection with law and politics. Faryar, whose journey from Iranian diplomat's son to White House advisor to Goldman Sachs executive led him to crypto's frontier, breaks down the complex technology in ref…

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Ethics CLE 2025: Recent Developments in Legal Ethics & Professional Responsibility 1:01:01

6d ago1:01:01

1:01:01

In this CLE webinar, David Cunanan, John J. Park, and Phillip Sechler will discuss recent important developments in the realm of legal ethics and professional responsibility, including the recent adoption of changes to an Arizona rule restricting who can be a complainant for purposes of state bar ethics complaints, developments related to Rule 5.6(…

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Litigation Update: Tuesday's Google Search Remedy Decision 1:33:16

6d ago1:33:16

1:33:16

One year ago, U.S. District Court Judge Amit P. Mehta held that “Google is a monopolist and has acted as one to maintain its monopoly”, and, in doing so, violated Section 2 of the Sherman Act. On Tuesday, September 2, 2025, Judge Mehta’s remedy decision rejected the United States’ request for structural relief and indicated only limited conduct and…

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Courthouse Steps Preview: First Choice Women’s Resource Centers, Inc. v. Platkin 41:28

6d ago41:28

41:28

In First Choice Women’s Resource Centers, Inc. v. Platkin, the New Jersey Attorney General, Matthew Platkin, issued a subpoena to a faith-based, pro-life, nonprofit, requiring that it turn over years of sensitive information, including the names and contact information of its donors. First Choice Women’s Resource Centers, which provides free medica…

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What’s The “Harm?" ESA Rulemaking after Loper Bright 56:48

6d ago56:48

56:48

In April, the Fish and Wildlife Service proposed to rescind a regulation defining the Endangered Species Act’s prohibition against “harm” to an endangered species to include destruction and modification of habitat. That regulation was previously upheld by the Supreme Court under Chevron in Sweet Home v. Babbitt, over a sharp dissent by Justice Scal…

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Courthouse Steps Preview: Little v. Hecox and West Virginia v. B.P.J. 52:47

11d ago52:47

52:47

In 2020 and 2021, Idaho and West Virginia passed laws that required public schools and colleges to designate sports by biological sex and to forbid males from competing on women’s sports teams. Two male athletes who identified as females, one a middle school shot-put and discus thrower and the other a collegiate cross-country runner, challenged the…

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After Drummond: What’s Next in the Debate over Religious Charter Schools? 1:01:51

12d ago1:01:51

1:01:51

In Oklahoma Statewide Charter School Board v. Drummond, the U.S. Supreme Court took up the question of whether the operation of charter schools by religious entities was constitutionally permissible (or even required). The Court deadlocked 4-4, leaving in place a ruling by the Oklahoma Supreme Court that the religious charter school, St. Isidore of…

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Ethics or Ideology? Bar Associations and the Boundaries of Professional Discipline 1:02:49

13d ago1:02:49

1:02:49

Across the country, bar associations are increasingly at the center of legal and political controversy. Recent disciplinary proceedings—such as efforts by the DC Bar to disbar Acting OIRA Administrator Jeffrey Clark, ethics complaints against Montana Attorney General Austin Knudsen and Ninth Circuit Judge Lawrence VanDyke—have raised urgent questio…

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Does One Size Fit All? Qualified Immunity Inside and Outside Split-Second Policing Decisions 1:05:16

18d ago1:05:16

1:05:16

Qualified immunity shields all government officials from suit when the constitutional rights they violate are not “clearly established.” Yet the public conversation often centers on police officers. Supreme Court cases on the doctrine frequently involve split-second law enforcement decisions, and when Congress considered reform in the George Floyd …

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Litigation Update: Etienne v. Ferguson 48:12

18d ago48:12

48:12

The ongoing case of Etienne v. Ferguson raises profound questions about the interplay between religious liberty and state authority, particularly regarding Catholic confession, which centuries-old religious doctrine deems as absolutely confidential. The case challenges Washington's Senate Bill 5375, titled "Concering the duty of clergy to report ch…

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Defining Antisemitism: A Debate on Free Speech and Civil Rights 1:00:14

20d ago1:00:14

1:00:14

Congress is currently debating the Antisemitism Awareness Act. This proposed legislation aims to provide a clear definition of antisemitism for use in enforcing existing civil rights laws. Supporters argue that the bill is a crucial tool for combating rising antisemitism by filling a gap in current legal definitions. Opponents, however, contend tha…

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Legislative or Executive? The Curious Case of the Library of Congress 1:00:28

27d ago1:00:28

1:00:28

The recent dismissal of the Librarian of Congress and the Register of Copyrights by President Trump raises fundamental questions about the scope of the President’s removal authority and the constitutional status of these offices. Do these officials exercise executive power such that they must be removable at will? Or has Congress validly restricted…

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The Patent Eligibility Reform Act: Clarifying Patent Eligibility for the U.S. Patent System? 1:00:29

27d ago1:00:29

1:00:29

Join the Federalist Society for a discussion on the Patent Eligibility Restoration Act (PERA), legislation aimed at clarifying and restoring patent eligibility in the United States. Specifically, the bill seeks to restore patent eligibility to inventions that have been deemed ineligible by recent court decisions. The panel brings together top voice…

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Road Work Ahead: How Four 2024 Cases May Be Reshaping First Amendment Scrutiny 20:16

27d ago20:16

20:16

This episode examines how the Supreme Court's 2024-25 term may be quietly reshaping First Amendment doctrine through four cases that suggest new approaches to constitutional scrutiny levels. We analyze how the Court appears to be moving away from the mechanical application of strict, intermediate, and rational basis review established in Reed v. To…

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The Bostock Bounce Back? How Skrmetti's Retreat from Bostock Sets Up a SCOTUS Sports Showdown 18:15

1M ago18:15

18:15

This episode revisits the Supreme Court's 2020 Bostock decision and examines how the Court's recent retreat from Bostock in United States v. Skrmetti sets up a constitutional showdown over transgender rights in school sports. We analyze the methodical legal reasoning behind Bostock's landmark ruling that Title VII protects gay and transgender emplo…

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Should a Labor Court Replace the Adjudication Function of the NLRB? 1:24:27

1M ago1:24:27

1:24:27

The National Labor Relations Board (NLRB) has come under increasing criticism, with some accusing it of constantly reversing precedent, especially in cases involving labor policy issues. Professor Sam Estreicher of the NYU School of Law describes this supposed “policy oscillation” as having created unpredictability for employers, unions, and all st…

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New Tools in Civil Rights Cases 58:03

1M ago58:03

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In recent months, a number of new legal theories and tools have been proposed – some prominently used – in civil rights cases, many involving anti-Semitism in higher education. What legal mechanisms are available against universities, whether in governmental enforcement actions or private party lawsuits? Is Title VI of the Civil Rights Act of 1964 …

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August 5th Roundup: Presidential Power Crushes Agency Independence, Court Places Voting Rights Act in Crosshairs and Maryland v. Shatzer, a Case That Evolved Beyond Its Origins 21:54

1M ago21:54

21:54

This episode catches up on recent Supreme Court developments in the regular and emergency dockets. We examine how the Court may be preparing to reshape voting rights law through Louisiana v. Callais, then dive into the contentious emergency docket battle in Trump v. Doyle over presidential firing power and agency independence. The second half featu…

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Labor Law without a Labor Board? 1:02:57

2M ago1:02:57

1:02:57

Since January 2025, the National Labor Relations Board has had only two sitting members—one less than necessary for a quorum. When it lacks a quorum, the Board can’t do things like resolve alleged unfair labor practices or rule on election-related objections. Seeing a policy gap, some states are moving to fill it. California, New York, and Massachu…

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Current Issues in Church Autonomy Doctrine: Categorical Immunity, Collateral Order Doctrine, and Neutral Principles of Law 1:14:34

2M ago1:14:34

1:14:34

The United States Supreme Court first acknowledged what would become the church autonomy doctrine, also known as the ecclesiastical abstention doctrine, in the 1871 case of Watson v. Jones, 80 U.S. 679 (1871). That case involved a schism in a Presbyterian church in Louisville, Kentucky, over the issue of slavery. The Court fashioned a principle tha…

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Litigation Update: FTC v. Meta 1:04:13

2M ago1:04:13

1:04:13

The outcome of FTC v. Meta could reshape the social media landscape as well as U.S. merger policy. For the first time, the government is seeking to unwind two acquisitions more than a decade old, Facebook's purchase of Instagram in 2012 and WhatsApp in 2014. In its complaint, the Federal Trade Commission alleges that Facebook sought to eliminate th…

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The Case for RESTORE? Injunctions, Patents, and the Future of Innovation 1:09:44

2M ago1:09:44

1:09:44

Join the Federalist Society for a timely and compelling discussion on the RESTORE Act, legislation aimed at overturning the Supreme Court’s eBay v. MercExchange decision and reinstating the presumptive right to injunctions for patent holders. This panel brings together some of the top voices in intellectual property: former USPTO Director Andrei Ia…

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A Conversation on the Right: A Potential Solution to Title IX Regulatory Whiplash? 1:00:47

2M ago1:00:47

1:00:47

Title IX's guarantee against discrimination on the basis of sex in education has been the subject of intensely differing Executive Branch interpretations over the years. These disputes include fundamental disagreements over the meaning of the word "sex" as used in the law, the manner in which the law applies to sex-separated sports and private faci…

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Litigation Update: Medicare Drug Pricing Negotiations 40:57

2M ago40:57

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Join the Federalist Society for a webinar on the ongoing legal challenges to the Biden-era Medicare Drug Price Negotiation Program, a component of the Inflation Reduction Act. Ashley Parrish, Partner at King & Spalding, will provide an analysis of the multi-faceted litigation. He will explore how pharmaceutical companies are arguing that the progra…

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Courthouse Steps Decision: Trump v. CASA, Inc. 57:42

2M ago57:42

57:42

On January 20, 2025, President Trump issued an executive order effectively ending birthright citizenship for children born to mothers who are unlawfully present or temporary lawful residents in the United States and whose fathers are not lawful permanent residents at the time of the child’s birth. One day later, four states and three individuals ch…

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FCC Council on National Security 53:00

2M ago53:00

53:00

Early in his Chairmanship, Federal Communications Chair Chairman Brendan Carr established a new Council for National Security within the agency. The council aims to "leverage the full range of the Commission’s regulatory, investigatory, and enforcement authorities to protect American and counter foreign adversaries, particularly the threats posed b…

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Should the Federal Government Rely on Competitive Markets to Price Electricity? 1:00:48

2M ago1:00:48

1:00:48

Over the past decade, electricity prices for consumers have risen by more than 22% on average. At the same time, the North American Electric Reliability Corporation (NERC)—the international body responsible for setting reliability and security standards for the North American power grid—has issued increasingly urgent warnings about the growing risk…

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Emergency Docket Summary: SCOTUS Green Lights Mass Firings at Education Dep't 16:57

2M ago16:57

16:57

This episode examines a July 14th Supreme Court emergency docket ruling that reveals fundamental tensions about executive power over federal agency firings at the Education Department and the limits of congressional authority. This episode also compares and contrasts this case (McMahon v. New York) with OPM v. AFGE, a government workforce reduction…

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AI Training vs. Copyright Law: Updates from the Copyright Office and the Courts 1:02:43

2M ago1:02:43

1:02:43

Whether AI training and generation is a fair use under copyright law puts two important American business sectors in opposition, and each looks to the various branches of the federal government for answers. Fundamentally, essentially all training of AI models involves copying of copyrighted materials, and many outputs from AI systems also may be su…

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Courthouse Steps Decision: Free Speech Coalition, Inc. v. Paxton 45:31

2M ago45:31

45:31

Free Speech Coalition, Inc. v. Paxton concerned Texas Law H.B. 1181, and what precedent should apply in considering its impact on free speech. Passed in 2023, the law requires commercial entities, including social media platforms, "that knowingly and intentionally publish or distribute material on an Internet website... more than one-third of which…

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Emergency Docket Summary: SCOTUS Answers the Government's Speed-Dial 23:26

2M ago23:26

23:26

This episode examines two major Supreme Court emergency docket rulings that reveal fundamental tensions about presidential power, judicial authority, and constitutional rights. Both cases demonstrate the Court's willingness to grant extraordinary relief to the government while exposing deep philosophical divisions among the justices. Cases Covered:…

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Courthouse Steps Decision: Fuld v. Palestine Liberation Organization 47:33

2M ago47:33

47:33

In Fuld v. Palestine Liberation Organization, the Court considered whether the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) violates the due process clause of the Fifth Amendment. The court heard oral argument on April 1, 2025 and on June 20, 2025 a 9-0 Court ruled the PSJVTA did not violate the Fifth amendment because the s…

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20 Years Later: Kelo v. City of New London 59:59

2M ago59:59

59:59

In June of 2005, the U.S. Supreme Court held in Kelo v. City of New London that the local government did not violate the Fifth Amendment's Public Use Clause when it condemned private residential lots and transferred them to commercial developers to promote local economic development as part of a comprehensive municipal development plan. Kelo was ce…

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Courthouse Steps Decision: Diamond Alternative Energy LLC v. Environmental Protection Agency 56:02

2M ago56:02

56:02

In 2019, the Environmental Protection Agency withdrew California’s previously-granted waiver to implement its Advanced Clean Car Program. This program had been in effect since 2013 and required that car companies reduce carbon dioxide emissions and produce fleets that are at least 15% electric vehicles. The waiver was withdrawn due to a lack of “co…

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Does "Board Law" Matter after Loper Bright? 1:01:49

2M ago1:01:49

1:01:49

Administrative law is in flux, nowhere more so than at the National Labor Relations Board. The Board has long made labor law (or “policy”) by issuing decisions and applying its own precedent. But in a recent oral argument at the Seventh Circuit, one member of the panel suggested that he didn’t want to hear about “Board law.” The judges, he said, co…

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Courthouse Steps Decision: Mahmoud v. Taylor 52:06

2M ago52:06

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Mahmoud v. Taylor concerns the question of whether parents have the right to be notified and opt their children out of classroom lessons on gender and sexuality that violate their religious beliefs. In 2022, the Montgomery County, Maryland, School Board introduced storybooks for pre-K through fifth-grade classrooms covering topics like gender trans…

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July 7th Roundup: New Certs: Transgender Rights in Schools and Religious Liberties 24:15

2M ago24:15

24:15

This episode covers four major Supreme Court cases granted certiorari in summer 2024 (July 3, 2025 Miscellaneous Order: Here), examining the Court's strategic approach to constitutional law and its rapid movement on key cultural and legal issues. Episode Roadmap Opening: The Court's Strategic Acceleration Supreme Court's unusual speed in granting c…

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Courthouse Steps Decision: Federal Communications Commission v. Consumers’ Research 43:56

2M ago43:56

43:56

The Federal Communications Commission (FCC) has traditionally regulated interstate and international communications and, as part of that, maintained a universal service fund that requires telecommunications carriers to contribute quarterly based on their revenues. In order to calculate these contribution amounts, the FCC contracts the help of the U…

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S6, Ep. 18: End of term roundup 55:51

2M ago55:51

55:51

On our season 6 finale, Amanda Tyler and Holly Hollman explore some of the consequential decisions from the final days of the Supreme Court term, including Mahmoud v. Taylor – which involves parents who want to opt their children out of curriculum they find in conflict with their religious beliefs – and U.S. v. Skrmetti, which focuses on access to …

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Litigation Update: Legal Developments Surrounding Tithing and Religious Donations 1:01:38

2M ago1:01:38

1:01:38

In recent years, a flurry of lawsuits has been launched nationwide against religious organizations, raising fraud and other claims related to tithing and church donations. These challenges generally argue that church leaders falsely claimed they would only put donations to one use, but instead put them to another. These cases, which have been heard…

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June 30th Roundup: Last Week's Opinions, End of Term Stats, Deep Dive into Trump v. Casa and New Cert Grants 42:52

3M ago42:52

42:52

This episode: Analyzes the Supreme Court's blockbuster end to the 2024-2025 term, covering the final nine opinions and examining patterns across all 61 cases decided this term. Explores the dramatic Friday release where cases "trickled out slowly" due to lengthy dissents read from the bench, dive into comprehensive term statistics, and conduct an i…

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Courthouse Steps Decision: Medina v. Planned Parenthood South Atlantic 37:23

3M ago37:23

37:23

in July of 2018, Governor Henry McMaster of South Carolina issued an executive order to end the inclusion of Planned Parenthood in the Medicaid program. The Department of Health and Human Services then informed Planned Parenthood that they were no longer qualified to provide services to Medicaid beneficiaries, which prompted lawsuits both from Plan…

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June 27 Opinion Summaries: Five Major Decisions That Will Shape America 21:01

3M ago21:01

21:01

This episode provides a comprehensive analysis of five major Supreme Court decisions released on June 27, 2025, that collectively reshape key areas of constitutional law including judicial authority, parental rights, agency power, executive appointments, and online speech regulation. We also discuss the notable absence of a decision in Louisiana v.…

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Opinion Summary: Free Speech Coalition, Inc. v. Paxton | Date Decided: 6/27/25 | Case No. 23-1122 23:02

3M ago23:02

23:02

Opinion Summary: Free Speech Coalition, Inc. v. Paxton | Date Decided: 6/27/25 | Case No. 23-1122 Link to Docket: Here. Background: This Court has repeatedly held that States may rationally restrict minors' access to sexual materials, but such restrictions must withstand strict scrutiny if they burden adults' access to constitutionally protected sp…

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Opinion Summary: Mahmoud v. Taylor | Date Decided: 6/27/25 | Case No. 24-297 28:19

3M ago28:19

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Opinion Summary: Mahmoud v. Taylor | Date Decided: 6/27/25 | Case No. 24-297 Link to Docket: Here. Background: Respondent Montgomery County Board of Education requires elementary school teachers to read their students storybooks celebrating gender transitions, Pride parades, and same-sex playground romance. The storybooks were chosen to disrupt "ci…

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Opinion Summary: FCC v. Consumers' Research | Date Decided: 6/27/25 | Case No. 24-354 50:54

3M ago50:54

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Opinion Summary: FCC v. Consumers' Research | Date Decided: 6/27/25 | Case No. 24-354 This case was consolidated with: SHLB Coalition V. Consumers' Research, Case No. 23-422. Link to Docket: Here. Background: In 47 U.S.C. 254, Congress required the Federal Communications Commission (Commission) to operate universal service subsidy programs using ma…

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Opinion Summary: Kennedy v. Braidwood Mgmt., Inc. | Date Decided: 6/27/25 | Case No. 24-316 25:04

3M ago25:04

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Opinion Summary: Kennedy v. Braidwood Mgmt., Inc. | Date Decided: 6/27/25 | Case No. 24-316 Host Note: On 4/25/25, the Supreme Court ordered the parties to “file supplemental letter briefs addressing the following question: Whether Congress has ‘by Law’ vested the Secretary of the Department of Health and Human Services with the authority to appoin…

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Opinion Summary: Trump, President of U.S. v. Casa, Inc. | Date Decided: 6/27/25 | Case No. 24A884 54:16

3M ago54:16

54:16

Opinion Summary: Trump, President of U.S. v. Casa, Inc. | Date Decided: 6/27/25 | Case No. 24A884 Links to Docket: Here (Case No. 24A884); Here (Case No. 24A885); and Here (Case No. 24A886). Questions Presented: Whether the Supreme Court should stay the district courts' nationwide preliminary injunctions on the Trump administration’s 1/20/25 execut…