OT2018 #19: "Fake Mootness"

As we enter the February sitting, we give you the rarest of episodes: a completely comprehensive preview of all the cases that will be argued this week! All two of them!

This episode is sponsored by Helix Sleep. To take Helix Sleep's sleep quiz, and to take advantage of the President's Day sale of up to $200 off your mattress order, go to http://helixsleep.com/firstmondays.

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite items from Everlane's selection of great clothing, and to get free shipping on your first order, visit everlane.com/firstmondays.

OT2018 #18: "Rorschach Test"

We thought it'd be a quiet week, but the Supreme Court had other plans. Amy Howe joins to catch us up on the news. We also get a taste of American University law professor Robert Tsai's new book, Practical Equality: Forging Justice in a Divided Nation.

This episode is sponsored by Helix Sleep. To take Helix Sleep's sleep quiz, and to take advantage of the President's Day sale of up to $200 off your mattress order, go to http://helixsleep.com/firstmondays.

This episode is also sponsored by The Zebra. To compare prices from leading car insurance companies, and to start saving today, go to http://thezebra.com/firstmondays.

OT2018 #17: "The Most Distinguished Recording Location"

Dan was in San Francisco this past weekend for a great symposium sponsored by the Hastings Law Journal called "The Jurisprudence of Justice Anthony M. Kennedy—Four Decades of Influence." While he was in the City by the Bay, Dan managed to record a fun conversation with Judge Marsha Berzon of the U.S. Court of the Appeals for the Ninth Circuit and UC-Hastings College of the Law professors Rory Little and Zach Price. The group offers their takes on Justice Kennedy's legacy, talk through some interesting clerkship anecdotes, and discuss Prof. Price's fascinating symposium article about "symmetric constitutionalism."

This episode is sponsored by the Great Courses Plus. For a free trial, with access to all o the content at the Great Courses Plus including "Turning Points in Modern History," go to http://thegreatcoursesplus.com/firstmondays.

This episode is also sponsored by Blinkist. For a free seven-day trial with access to Blinkist's 15- minute distillations of thousands of popular nonfiction books, go to http://blinkist.com/firstmondays.

OT2018 #16: "From Scratch"

We've got a breather between sittings, so Steve Sachs joins us as we recap an opinion, take a look at some grants and orders, discuss whether law school clinics are good or bad ideas, and ask a lot of questions about Steve and Will Baude's amicus brief in Franchise Tax Board of California v. Hyatt. Plus, we get a peek at an upcoming bonus episode with Leah and Michele Goodwin, discussing the history of abortion regulations in light of Box v. Planned Parenthood of Indiana and Kentucky.

This episode is sponsored by the Great Courses Plus. For a free trial with unlimited access to all the courses in The Great Courses Plus's library, including "Turning Points in Modern History," go to http://thegreatcoursesplus.com/firstmondays.

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite items from Everlane's selection of great clothing, and to get free shipping on your first order, visit everlane.com/firstmondays.

OT2018 #15: "Second Best Opinion"

The January sitting is over and the Court will be out of session for a few weeks. But First Mondays keeps on working even when the Justices are taking a break. Dan and Leah catch you up on the court's latest opinions; review the big batch of cert. grants, as well as the high-profile petitions the court hasn't (yet) granted; and play a few fun clips from last week's arguments. That’s not all—listen to hear us discuss an interesting recent piece by Daniel Hemel on Justice Ginsburg and the value of life tenure, puzzle over why trust fund babies are suddenly looking to the Justices for some tax relief, and explain what Justice Gorsuch’s Tenth Circuit opinions might mean for the Court’s recent grant in Rehaif v. United States. And last but not least—Leah goes into Beast Mode as we discuss her favorite topic, the Armed Career Criminal Act, when recapping the unusual 5-4 opinion in Stokeling v. United States.

This episode is sponsored by the Great Courses Plus. For a free trial with unlimited access to all the courses in The Great Courses Plus's library, including "Turning Points in Modern History," go to http://thegreatcoursesplus.com/firstmondays.

This episode is also sponsored by Helix Sleep. To take Helix Sleep's sleep quiz, and to get up to $125 off your mattress order, go to http://helixsleep.com/firstmondays.

OT2018 #14: "Decent Take"

Dan and Leah are joined by Danielle D'Onfro to break down the first week of the January sitting. We catch you up on everything the Court has been up to—including Justice Kavanaugh's very first majority opinion—before recapping oral arguments in Herrera v. WyomingObduskey v. McCarthy & Holthus LLP, and Franchise Tax Board v. Hyatt

This episode is sponsored by The Zebra. To compare prices from leading car insurance companies, and to start saving today, go to http://thezebra.com/firstmondays.

This episode is also sponsored by Blinkist, which provides 15- minute distillations of thousands of popular nonfiction books. For a free seven-day trial, go to http://blinkist.com/firstmondays.

Amici #25 [UNLOCKED]: "Tough Phone Call"

Merry Christmas Eve! We at First Mondays have gotten you all the gift we know you've been wishing for: an unlocked bonus episode that was previously released exclusively to our Patreon backers.

Last June, Dan interviewed our first judicial guests at the Arizona State Bar Convention. Hon. Andrew D. Hurwitz, Judge of the United States Court of Appeals for the Ninth Circuit, and Hon. Ruth McGregor, former Chief Justice of the Arizona Supreme Court, join us to talk about their careers, as well as their memories from their time as Supreme Court clerks.

OT2018 #12: "Inconceivable!"

It's an off week for the Supreme Court, so we've got another great ensemble cast to take a deep dive into issues that regularly come up on the show. Kate Shaw of Cardozo Law guest hosts with Leah. Anne Joseph O'Connell joins us to discuss the appointment of Matthew Whitaker, and Richard Primus gives us the lowdown on different methods of constitutional interpretation.

We're taking a break for the holidays, so we'll see you in January! Now's a great time to subscribe to our Patreon and catch up on bonus episodes. We've got a bunch in the bag that we'll be letting out one at a time over the coming weeks.

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will be the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

Thanks also to Everlane for sponsoring this week's show. To see a collection of our favorite items from Everlane's selection of great clothing, and to get free shipping on your first order, visit everlane.com/firstmondays.

OT2018 #11: "A Lot Of Meatballs"

There are twice as many women in this episode as there were at the Supreme Court podium in the whole December sitting. Leah and guest host Jaime Santos recap the week's arguments with two special guests. First, we’re delighted to have with us Lindsay See, the Solicitor General of West Virginia, to discuss her argument in Dawson v. Steager. Then, we play the highlight reel of another first-time advocate, Ishan Bhabha, in Biestek v. Berryhill. Finally, Kate Levine calls in to help us understand a case that kind of baffled us last week: Gamble v. United States.

This episode is sponsored by Trupanion. Trupanion is the trusted name in pet insurance for nearly a half million pets and more than twenty thousand veterinarians. Go to trupanion.com/firstmondays to learn more and get a quick quote. Trupanion is underwritten by American Pet Insurance Company. Terms and conditions apply. See website for details.

Thanks also The Great Courses Plus for sponsoring this week’s show. We've been loving a course called “The Modern Political Tradition.” And now is the perfect time to give it a listen, because The Great Courses Plus is offering 50% off your first three months. Go to TheGreatCoursesPlus.com/FIRSTMONDAYS soon to take advantage of this fantastic offer.

OT2018 #10: "Come On, General"

There's a lot to catch up on this week-- the second opinion of the term, some weird filings from the government, and plenty of Supreme Court news. Dan and Leah also recap two arguments: Carpenter v. Murphy and Timbs v. Indiana. We'll also look ahead to this week's argument in Gamble v. United States.

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite items from Everlane's selection of great clothing, and to get free shipping on your first order, visit everlane.com/firstmondays.

OT2018 #9: "8,000 Pounds of Shark Fins"

If you're sick of leftovers, we've cooked up a fresh batch of argument previews for your enjoyment. Beth Colgan of UCLA joins us to prepare and serve the main course: a fascinating case about excessive fines (yes, really) called Timbs v. Indiana.

Thanks to The Great Courses Plus for sponsoring this week’s show. Learn about anything and everything—including the brand new course "Investigating American Presidents"—from some of the greatest minds on earth. For a month-long free trial with access to their entire library of content, visit thegreatcoursesplus.com/firstmondays.

This episode is also sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will be the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

OT2018 #8: "Animal Magnetism"

The First Mondays national tour continues! This week we’re live at Duke Law School, with not one but two great guest hosts: Professors Marin Levy and Steve Sachs. We catch up on recent SCOTUS news and talk through a recent set of opinions from the “shadow docket.” Then, as both of our guests are civil procedure experts, we take a deep dive into Nutraceutical Corp. v. Lambert, a nerdy-but-interesting procedural case that arises from some particularly spicy factual allegations. Listen to the end for a surprise during the audience Q&A, as perhaps our most distinguished questioner ever crashes the party.

This episode is sponsored by Trupanion. Trupanion is the trusted name in pet insurance for nearly a half million pets and more than twenty thousand veterinarians. Go to trupanion.com/firstmondays to learn more and get a quick quote. Trupanion is underwritten by American Pet Insurance Company. Terms and conditions apply. See website for details.

OT2018 #7: "Now Who's the Legal Realist?"

If you were hoping that the Supreme Court news cycle would slow down, you’re going to be disappointed this week—there’s a lot to talk about! Will and Dan catch you up on Justice Ginsburg’s health scare, Justice Kavanaugh’s investiture, a couple of interesting requests for additional briefing in recently argued cases, some intriguing new cert. grants, lots of activity on the “shadow docket,” and more. And—oh yeah—there’s also the end of the November argument session to recap and the Term’s first merits opinion to talk about. We also take a detour into the constitutionality of Acting Assistant General Matthew Whitaker’s appointment, and answer several questions from the Hotline. Despite all that content, we somehow managed to keep this one well under epic-length. The signal to noise ratio is very high in this episode! 

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite items from Everlane's selection of great clothing, and to get free shipping on your first order, visit everlane.com/firstmondays.

Thanks also The Great Courses Plus for sponsoring this week’s show. Learn about anything and everything—including the brand new course "Investigating American Presidents"—from some of the greatest minds on earth. For a month-long free trial with access to their entire library of content, visit thegreatcoursesplus.com/firstmondays.

OT2018 #6: "Hook 'Em, Tom"

We're live at the University of Texas School of Law in Austin! Because of Ian's early arrival, Texas's Prof. Steve Vladeck stepped up to the plate to join Dan as a guest host. We talk about a recently revealed SCOTUS-related wedding proposal, the Supreme Court's headwear rules, some proposed changes to the Court's Rules, and other interesting pieces of Supreme Court news. Then, after quickly catching you up on the orders docket, we take a deep dive into two cases at the intersection of federal courts and foreign relations that are being argued during the November sitting: Jam v. International Finance Corporation and Republic of Sudan v. Harrison. As a famous failed Supreme Court nominee once said, it's an "intellectual feast." Grab a fork and dig in!

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

OT2018 #5: "Arbitration Nation"

This episode is late, but we have a good reason.

We get up to speed on Supreme Court news, as well as some grants with truly great and truly terrible case names. Then, we turn to the week's arguments, making you an expert in all things arbitration.

Thanks to Blinkist for sponsoring this episode. Not enough time to read that stack of books on your shelf? Blinkist provides summaries of thousands of best-selling non-fiction books that you can read or listen to within 15 minutes. For a free trial, visit http://www.blinkist.com/firstmondays.

This episode is also sponsored by The Great Courses Plus. Learn about anything and everything-- including the hacking of American elections-- from some of the greatest minds on earth. For a free trial, visit http://www.thegreatcoursesplus.com/firstmondays.

OT2018 #4: “This Is About Frogs”

First Mondays is live from Columbia Law School, where we bring in a ringer: guest Professor Richard Epstein of NYU. He joins us in discussing the frogs of Weyerhaeuser Company v. United States Fish and Wildlife Service and a very mysterious brief in opposition for United States v. Haymond.

This episode is sponsored by Lending Club. Whether you want to pay off a credit card, make some improvements around the house, buy expensive baseball tickets, or take a fabulous vacation, Lending Club can loan you the money you need. Visit http://www.lendingclub.com/firstmondays to check your rate and get started.

This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

OT2018 #3: "Ordinary Pinch"

Judge Kavanaugh is now Associate Justice Brett M. Kavanaugh, and so we're back to a nine-member Court. Since Will is filling in as recurring guest host, we'll take a look at the so-called "shadow docket" to see what the justices are up to outside of the courtroom.

Then, we'll get back to business as usual and recap arguments from the last week. Nielsen v. Preap features some great advocacy, wherein the justices get a taste of their own hypothetical-infused medicine. Then, we've got two cases about the definition of burglary: Stokeling and Stitt.

Plus, can we tell if the justices are all getting along?

Thanks to Blinkist for sponsoring this episode. Not enough time to read that stack of books on your shelf? Blinkist provides summaries of thousands of best-selling non-fiction books that you can read or listen to within 15 minutes. For a 7-day free trial, visit http://www.blinkist.com/firstmondays.

This episode is also sponsored by The Great Courses Plus. Learn about anything and everything-- including the hacking of American elections-- from some of the greatest minds on earth. For a free trial, visit http://www.thegreatcoursesplus.com/firstmondays.

OT2018 #2: "Alea Iacta Est"

You might have forgotten given everything else that has been going on, but the Supreme Court is actually still hearing cases. We're halfway through the October sitting, and Ian is joined by returning guest host Professor James Stern of William & Mary to break things down. We cover labor law's intersection with arbitration, the Takings Clause, and immigration—plus lots more—as we recap last week's arguments in Knick v. Township of Scott and New Prime Inc. v. Oliveira while also previewing this week's argument in Nielsen v. Preap.

This episode is sponsored by Helix Sleep. Helix Sleep designs custom mattresses just for you for a fair price. For up to $125 off your mattress order, visit http://www.helixsleep.com/firstmondays.

This episode is also sponsored by the Great Courses Plus. For a free seven-day trial of streaming access to their entire library of great content, go to http://www.thegreatcoursesplus.com/firstmondays.

OT2018 #1: "Rearranging Deck Chairs"

The first Monday of October Term 2018 is upon us, which means it's time for the kick-off of our third season. Live from Washington University in St. Louis, we bring you previews of the week's arguments. The cases involve a range of issues, from the Federal Arbitration Act to the death penalty, and we know that-- for now-- they'll be decided by an 8-member court. Speaking of, that hearing was... something. We'll share our reactions as best we can, with the hopes that we'll do a more in-depth analysis of the latest Kavanaugh confirmation news soon.

This episode is sponsored by The Great Courses Plus. Learn about anything and everything-- including the history of the Supreme Court-- from some of the greatest minds on earth. For a free trial, visit thegreatcoursesplus.com/firstmondays.

Thanks also to Everlane for sponsoring this week's show. To see a collection of our favorite picks, and to get free shipping on your first order, visit everlane.com/firstmondays.