Justice Breyer's got theories about fashion, and the First Mondays team is on it. This week, we begin with the special meeting of the Supreme Court's bar to honor Justice Scalia, and the Chief Justice's courtesy vote to stay an execution. We also discuss last week's arguments on the False Claims Act, cheerleading uniforms, and laches, and look ahead to this week, when the Court will hear arguments in major cases concerning children born abroad to citizen parents and the scope of the President's ability to temporarily fill vacancies in the government.
The November sitting has begun! This week, we begin with Judge Posner's low opinion of the Supreme Court, and the new grants concerning gender identity, free speech for sex offenders, and the consequences of California's statutory-rape law for immigrants who are convicted of violating it. We also look ahead to next week's False Claims Act argument in Rigsby, the copyrightability of cheerleading uniforms in Star Athletica, and a case about laches and patents, SCA Hygiene Products—which seems oddly familiar, in more ways than one.
Justice Ginsburg has got views on Colin Kaepernick—or does she? We discuss Justice Ginsburg's engagement with the media, and then talk about the new grants, Hernandez and Turkmen, along with the Court's first official opinion of OT 2016, Bosse. We also bring down the curtain on the October sitting: who had the best oral argument of the week? Who will win in Pena-Rodriguez and Samsung v. Apple? Who's going to write these opinions once they're out? And where, exactly, is the December calendar?
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This week on First Mondays, Ian and Dan dive right into Justice Breyer's exotic theories about Kim Kardashian. We also review the music of The Slants, who will be featured in the upcoming Lee v. Tam (4:00), and discuss the potential for Missouri to switch sides in the major Establishment Clause case, Trinity Lutheran (6:30).
We then recap the oral arguments in the insider-trading case Salman v. United States (13:20), the bank-fraud case Shaw v. United States (23:00), and the Double Jeopardy brain-teaser Bravo-Fernandez (36:00). We then look ahead to this week's Sixth Amendment case involving allegations of racial bias by a juror, Pena-Rodriguez v. Colorado (41:00), and the design-patent showdown in Samsung v. Apple (56:00). Finally, we discuss the Term's first after-lunch argument, Manrique v. United States (1:08:00) and—more importantly—our views on the Supreme Court's cafeteria.
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In this inaugural episode of First Mondays, Ian Samuel and Dan Epps raise the curtain on October Term 2016 at the Supreme Court. Topics include the most exciting grants from the Long Conference, the low pace of grants and mysterious delay in scheduling major cases for argument. We also preview the most exciting cases set for argument this week: Shaw v. United States, Salman v. United States, Buck v. Davis, and Bravo-Fernandez v. United States—and give the signature First Mondays prediction for each.