The Annual: OT2016 in Review (ft. Nina Totenberg)

It’s the finale of our first season! To celebrate all that was OT2016, and to look to the year ahead, we went to the queen of SCOTUS radio herself: Nina Totenberg. We also dish out superlatives— best dig at an advocate, best quip in an argument, worst opinion, etc. And you’ll notice that we replaced the theme music with something a little more, well, custom. Thanks for an amazing first season of First Mondays, and #stayfirstie.

Much like the justices, we’ll be switching to a summer schedule. You can expect two episode a month, and if that’s not enough, become a Patreon subscriber to get two bonus episodes each month, too! Sign up for just $5/month at patreon.com/firstmondays.

OT2016 #27: "Not Respectfully"

We couldn't possibly keep it short for the last recap episode of OT16. We all know the last week of the term means all the blockbuster opinions get announced, and we're here to help you make sense of them. And for Trinity Lutheran and the travel ban, we call in the big guns in the form of Professor Marty Lederman. So while you're driving to a cookout or watching fireworks in the back of a pickup truck, celebrate the good ol' US of A by listening to two glorious hours about her Supreme Court.

OT2016 #26: "Five Point Palm Exploding Heart Technique"

It’s the penultimate recap for the term, wherein the justices hath bestowed upon us twelve (12) new opinions in one week. Time for a lengthy—but spirited—Opin-o-rama! We pick out a few of our favorites to go in depth, and then we institute Lightning Round Rules to cover the rest. Then, it’s time for some game theory, so they say, as we try to figure out who is writing which of the remaining six opinions. Welcome to the Cyber Age, and thanks for listening.

OT2016 #25: "Little Longer in the Oven"

With just a couple of weeks to go, we're racing toward the OT2016 finish line. Plenty of blunders, orders, and opinions to address-- including Justice Gorsuch's first opinion. Plus, we'll discuss one of the biggest cases of the year that has, in our opinion, made the world worse.

If you're enjoying the show, there are two ways you can help us out! Rate and review us on iTunes, and donate to our Patreon campaign for access to some sweet perks.

OT2016 #24: "Six Degrees of Caleb Nelson"

We hash out another week of SCOTUS news, this time with guest host Leah Litman. Yes, we recap orders and opinions, but more importantly, we finally solve a weeks-long First Monday mystery: who began the clerks' happy hour tradition? And don't stop listening after the credits. Leah came armed with Beckles-related puns, and you need them in your life.

If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later. 

OT2016 #23: "A Necessary Evil"

We made time in the midst of wedding festivities to (finally!) talk about the Travel Ban, which will soon reach the Court; we cover some interesting orders, including a mysterious attorney discipline case involving a case of mistaken identity; we recap all four of last week's opinions, including smackdowns of the repeat-offender Montana Supreme Court and Federal Circuit; and we game out the outstanding opinion assignments. 

In lieu of a wedding gift, dedicated Firsties can express their appreciation of the show by rating and reviewing on the iTunes store and by backing the show on Patreon.

OT2016 #22: "Golden Phoenix"

After a brief break for a trip to Vegas, we're back with a jackpot of opinions to recap. Yep, we go all in on each of the six opinions that have been released in the last couple of weeks. We've got everything from gerrymandering to patents to arbitration agreements to bankruptcy. Plenty to keep you entertained while you're stuck in holiday traffic.

But, if it's not enough, you can always binge on our bonus episodes by becoming a Patreon subscriber. Five bucks a month gets you all the supreme content you could ask for. 

OT2016 #21: "Good Snake"

As we ease into the argument-free season of the term, we recap some grants, take a look at the opinion in Bank of America Corp. v. Miami, and relish a great hotline call full of 90s clerking gossip. And speaking of gossip, what's the deal with Justice Gorsuch not joining the cert pool? We have some theories.

If you want the full story on the cert pool be sure to back us on Patreon. Next week we'll have a full bonus episode dedicated to the subject!

OT2016 #20: "Who Is Calling Justice Breyer?"

Arguments for October Term 2016 are over—it's orders and opinions from here on out. Meanwhile, Justice Gorsuch has started voting on stuff at conference, and we're here to bring you the blockbuster news on his very first official vote. We also talk more about the debate over the Court's death penalty docket; recap the opinion in the I-can't-believe-this-case-name-is-real Lewis v. Clarke, about (no kidding) Indian law; look back on the SG's rough day in Maslenjak, a case about immaterial lies in citizenship applications; talk more about the nature of personal jurisdiction as we recap Bristol-Myers; and, in the aftershow, play another round of our new favorite game, "Firstie Impression." Or, possibly, "Q Priori." Or, possibly, "Feynman's Questions." The game has a lot of names.

First Mondays is supported by our Patreon backers. Join today for just a few bucks a month and you'll get access to exclusive bonus episodes. The latest one, about the "summer camp" aspects of being a Supreme Court clerk, is up now, and backers can enjoy all the previous bonus episodes, too—including interviews with Lisa Blatt about her oral-argument preparation strategies, Misha Tseytlin on being a Young S.G., and more. Backers also get access to our exclusive Slack, and a whole lot of other great stuff.

OT2016 #19: "Cusp of a Revelation"

It was a pretty big week at the Supreme Court. First, we talk about what the heck is going with expiring execution drugs in Arkansas, and how that plays out within SCOTUS chambers. Then, for the first time since the beginning of this podcast, we had nine justices at oral argument. And even though Perry v. Merit Systems Protections Board is kind of a boring case, Justice Gorsuch gave us something to talk about. Then, we get into the long-awaited Trinity Lutheran playground case, complete with audio from Justices Kennedy and Breyer. Finally, it's our last oral argument preview of the term-- but don't worry, we still have a couple months of opinions to look forward to.

If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later. 

OT2016 #18: "Not Exactly Mr. Bluebook"

It's the beginning of the end for OT2016— the first week of the last set of arguments of the term. We're coming at you with two big previews. First, what do old tires and religious expression have to do with each other? Oh, only the biggest case of the year, probably: Trinity Lutheran Church of Columbia v. Comer. And then, just how ineffective does counsel have to be for it to truly prejudice the client? Plus, we've got hotline calls, a new QP game, and a tantalizing preview of a much-sought-after brief from Texas.

First Mondays is supported by our generous listeners. Become a Patreon backer and we'll thank you with gifts like bonus episodes, a donors-only chat room, and live streams.

Amici Teaser: "Let Me Tell You How Sweet It Is"

We've been cranking out some awesome interview shows for our Patreon subscribers. And if you're not one of them, well, you're missing out. Here are snippets from the two most recent bonus episodes: one with Rakesh Kilaru, former associate counsel to President Obama, and one with Misha Tseytlin, Solicitor General of Wisconsin. If you want to hear the rest of their conversations, it's not too late to become a Patreon subscriber! Your monthly donations help us keep growing, improving, and doing more episodes with the experts you want to hear from. 

Good Behaviour #4: "The Justin Bieber Standard"

In our fourth episode of tracking Judge Neil Gorsuch's nomination to the Supreme Court, we get into the greatest hits of his confirmation hearings. How do you pronounce his name? Does the "frozen trucker case" invoke the absurdity doctrine? Which Democrat Senator threw him a "softball" of a question?

Plus, we'll do some quick recaps of arguments and opinions, which may involve another inductee to the #BadLawyerGate Hall of Fame. And stick around after the music for a friendly discussion of amicus briefs (get it? friendly!). 

If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later. 

OT2016 #17: "Kill Any Potential Hipness"

This week it’s First Mondays XL, with more Supreme Court content than you can shake a gavel at. First off, we respond to a bunch of listener feedback about stuff we got wrong, stuff we got right, and stuff no one can quite figure out. (Here’s looking at you, “statement respecting the denial.”) After that, we unpack some opinions about the copyright issues around cheerleading uniforms, the statute of limitations around claiming damages, and the rights a child with autism has under IDEA. Plus, we try out our radio voices to get through a weird analogy about British rock bands in NLRB v. SW General, Inc.

For one of our coolest argument recaps yet, we go straight to the source: Wisconsin’s Solicitor General, Misha Tseytlin, who had his first argument in Murr v. Wisconsin last week. You’ll be surprised, as he was, about who gave him the hardest time from the bench.

Then, we look ahead to Tuesday’s crimmigration argument in Lee v. United States. Just how ineffective does his counsel have to be proven to keep Mr. Lee from getting deported? Fortunately, he has a super cool advocate now who will most definitely be wearing a bow tie to Court.

If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later. 

OT2016 #16: "His Elegant Fountain Pen"

We took a week off, and now we're making it up to you with an episode chock full of Supreme Court goodness. We've got orders! Opinions! Dissents! Concurrences in denial! The question of whether or not Justice Breyer has become a death penalty abolitionist! With all of that, we tie up the last sitting and look forward to the next. There's a full argument calendar ahead, so we preview two cases that piqued our interests: Microsoft Corp. v. Baker (aka one of the "Scalia Three") and City of Los Angeles v. Mendez. Whether you're more interested in class action suits about X-Boxes or complicated cases arising from officer-involved shootings, it's going to be a week full of lofty rhetoric. We'll get you ready for it. 

If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later. 

OT2016 #15: "The Roller Derby Across the Street"

We’ve got a jam-packed episode to wrap up the Supreme Court’s February sitting. As we analyze Hernandez v. Mesa, it becomes clear that we have another #BadLawyerGate situation on our hands. Guess which justice (figuratively) rips up that attorney’s argument right before his very eyes— we have the audio for evidence.

We also respond to some criticism we got for our take on Gloucester County School Board v. G.G. Let the record show that we can dish it out, and we can take it.

Plus, hear the gem of a closing statement that won one lawyer our coveted Advocate of the Month Award, and stay tuned after the credits for the reason Dan skipped out on hosting last week. It has not one, but two jurisdictional hooks for discussion.

If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later. 

OT2016 #14: "Stone Cold, Lead Pipe Lock"

This week we try to get to the bottom of a death penalty issue, brought to light by a dissent to denial from Justice Sotomayor. (Two words: firing squad.) We also talk to immigration attorney Andrea Sáenz about the upcoming crimmigration case, Esquivel-Quintana v. Sessions, and Leah teaches us the key difference between an amicus brief and an animus brief (ba-dum-tsssss). And finally, hear Ian read a list of Supreme Court Justices who Judge Posner of the 7th Circuit does not deem "pretty good." (Hint: it's a long list.)

If you missed the first Amici bonus episode, you can still become a monthly subscriber to unlock it. You'll also be invited to join the special Slack channel for Firsties-- a chat room full of 90+ SCOTUS nerds talking law all day, every day.

But of course, if you like the show but can't swing a subscription, there are still plenty of ways to support us. Write us a review in iTunes, follow us on Twitter, and call the hotline!

Amici Teaser: #BadLawyerGate

Hear an excerpt of our interview with powerhouse Supreme Court advocate Lisa Blatt. She has argued in front of the Court 34 times and has only lost twice. After Dan and Ian started a Twitter fight about first-time Supreme Court advocates, we wanted to turn to an expert. If you want to hear the whole conversation, it's not too late to become a subscriber! Your monthly donations help us keep growing, improving, and doing more episodes with the experts you want to hear from.