OT2017 #31: "Old Paella"

We made it! OT2017 came to a close last week, but not before dropping quite a few bombshells. We'll discuss what the Supreme Court decided in matters relating to crisis pregnancy centers and free speechpublic sector union dues, and President Trump's travel ban.

Make sure you're subscribed to the show in the podcast app of your choice. This summer we're reviving our Good Behaviour series, paying close attention to the confirmation process for whomever is nominated to fill Justice Kennedy's seat.

OT2017 #29: "Average Joe"

Live from New York, it's First Mondays! Many thanks to Shearman & Sterling for hosting us.

We have some more opinions as the Supreme Court attempts to finish OT2017 on time. First, we'll discuss #KaganStyle in Sveen v. Mellin, along with what the decision means for a certain advocate's win-loss record. We'll also talk about why registering to vote shouldn't be so difficult, what happens when an 8-member Court is equally divided, how to keep things chill at the polls, and which version of the dictionary is the best version.

OT2017 #28: "Stale Cake"

Well, it looks like Masterpiece Cakeshop came in with a bang and out with a whimper. Will Baude, Assistant Professor at the University of Chicago Law School, joins us for a three-mic show to discuss that opinion, along with the results in Hughes and Koons.

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.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 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.

 

OT2017 #27: "Girl Scouts and Trick-or-Treaters"

We answer many pressing questions in this week's episode:

  • Is the curtilage legally a part of someone's home?
  • Is it better to be right or to have fun?
  • As a clerk, how badly do you have to mess up to get dunked on in a judicial opinion?
  • What's the correct pronunciation of Skagit?
  • How long has #GorsuchStyle been a thing, really?
  • Speaking of, where's the link to that NY Mag profile on Justice Gorsuch?

And of course, we recap the two opinions and a DIG the Supreme Court handed down last week.

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

 

OT2017 #26: "The Murder Zone"

The pace of Supreme Court opinions continues to be at crawl, but we have two to talk about this week, both written by Justice Gorsuch: Epic Systems Corp v. Lewis and Upper Skagit Indian Tribe v. Lundgren. We'll also recap some new grants for OT2018 and answer a few hotline calls.

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

 

OT2017 #25: "The Way The Chief Loves Mootness"

Supreme Court opinions have been coming down in a slow trickle, but it's enough to quench our thirst. This week, we recap five cases the justices have decided: from sports betting to privacy expectations in rental cars, from shackling criminal defendants to determining effective assistance of counsel. Plus, we return briefly to the 8-member court as Justice Gorsuch sits out on a case about wiretapping.

We'll start it all off looking at some cases that have been granted for next term, and we'll finish by trying to game out who is writing which remaining opinions.

This week, support for First Mondays comes from The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.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 the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get $50 off, go to http://www.helixsleep.com/firstmondays.

OT2017 #24: "Kudos To Whoever Did This"

This week, we come to you from Bank of America's Legal Round Table conference in Charlotte, North Carolina. After sitting on a panel, we recruited two guest hosts for this episode: Roman Martinez of Latham & Watkins, and Willy Jay of Goodwin Procter.

The Court hasn't given us much to talk about, but fortunately we held a couple of opinions for exactly this reason. We'll get into the results in the patent law cases of Oil States Energy Services v. Greene’s Energy Group and SAS Institute Inc. v. Iancu.

Finally, we'll get a tiny peek into next season of First Mondays by going over some recent grants, including one interesting death penalty case about the method of execution.

Special thanks to our sponsor this week, The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

OT2017 #23: "After Dark"

The Court finished up its final sitting of OT2017 last week, and the Justices heard argument in several big cases in what is proving to be a hugely consequential Term. We recap oral arguments in the travel ban case, Trump v. Hawaii, as well as the fascinating separation of powers dispute, Lucia v. SEC. We also take a deep dive into Jesner v. Arab Bank, one of the biggest opinions the Court released has released so far this Term.

OT2017 #22 "Cf. Everything"

We're live at the University of Akron School of Law to preview the Court's final—and perhaps its most important—sitting of October Term 2017. Come for our predictions on the Travel Ban case, Trump v. Hawaii. Stay for Ian's rant on interstate egg regulation, Dan's second thoughts on #GorsuchStyle, a radical proposal for habeas reform, and a whole lot more—including a recap of the Court's biggest opinion of the Term so far, Sessions v. Dimaya. We also fill you in on the Court's slightly-less-exciting opinions in United States v. Microsoft and Wilson v. Sellers, discuss some interesting relists, and take some great audience questions—including one by a Volokh Conspirator who made a surprise appearance (listen 'til the end to find out who!).

This week's episode is sponsored by The Great Courses Plus. For a free month of unlimited access to The Great Courses Plus's library of fascinating lectures about various topics, including a course about the history of the Supreme Court, go to: http://thegreatcoursesplus.com/firstmondays.

OT2017 #21: "Under the Mattress"

We're coming up on the final arguments of OT2017, and we'll get you ready with a preview of the future of online sales tax in South Dakota v. Wayfair. We'll also catch up on grants, orders, and opinions. What's with the Court and qualified immunity cases? Why is Justice Sotomayor fired up in her dissent, and why is Justice Ginsburg the only other liberal justice to back her up? Plus, with the help of a hotline call, we'll talk about what would happen if a majority of justices have to recuse themselves from a case.

And speaking of hotline calls, we got a lot of them! We'll answer your questions and praise your dedicated research skills.

OT2017 #20: "I Am The Split"

The Supreme Court's March sitting goes out like a lamb... if a lamb symbolizes a 9-0 opinion written by Chief Justice Roberts. But first, we're going in like a lion and naming names in the War on Arbitration-- those Biglaw firms that require summer associates to sign arbitration agreements. And as for that lamb of a sitting, we'll talk about what the Chief's opinion in Hall v. Hall means for the definition of "consolidation." And then, it's round two of partisan gerrymandering in Benisek v. Lamone. With some incisive questions from the Chief and Justices Kennedy and Kagan, we might be a little closer to understanding the potential outcomes.

OT2017 #19: "This Classroom Is Not Full"

Live from Yale Law School, it's First Mondays! We're joined by Linda Greenhouse, Joseph Goldstein Lecturer in Law, and Knight Distinguished Journalist in Residence. First, we'll discuss the orders docket-- what does it signal when the three liberal justices join Justice Breyer in a statement about denying a dealth penalty case? Then, we'll address the trickle of opinions that have come out, and speculate about what's holding back the floodwaters. We'll move on to recapping the argument in NIFLA v. Becerra-- the case about abortion and the First Amendment. Is Justice Kennedy right in that justices shouldn't use the internet to supplement the record? Finally, we'll look ahead to next week and preview Hughes v. United States and Benisek v. Lamone. For the latter, we theorize about why the Court is hearing another partisan gerrymandering case when Gill v. Whitford is still pending.

With Court business taken care of, we get some time to talk to Linda about some of her recent writing, including her view of Chief Justice Roberts' search for middle ground, and how she thinks Justice Scalia's legacy is holding up.

And since it's live, we'll close with a few audience questions! Many thanks to Yale Law School for hosting us, and to Linda Greenhouse for joining our discussion.

OT2017 #18: "Legal Faux Pas"

Leah Litman returns to the co-host chair to join Ian for a look ahead at the March sitting. We preview National Institute of Family and Life Advocates v. Becerra, a case at the intersection of abortion and the First Amendment. We'll also talk about Sveen v. Melin, a contracts clause case that will determine what happens to life insurance after divorce.

But before we get into those, we try something new-- flagging a few interesting cert petitions that we'll watch as they make their way through the Court's discussion lists. There are also birthdays and anniversaries to celebrate, as well as some key corrections to issue.

OT2017 #17: "Elephants Rarely Hide in Pajamas"

While the Supreme Court takes a breather between sittings, we delve into the grants, orders, and opinions they've been churning out over the past few weeks. Good news-- at least some of them are interesting! We'll talk about everything from original jurisdiction, to the death penalty, to a detained immigrant's rights, with a lot more in between. Plus, we turn to Danielle D'Onfro for her expertise in one bankruptcy case-- and another case merely pretending to be a bankruptcy case.

We'll close out with a few hotline calls, including one that will speak to your inner poet.

 

OT2017 #16: "Robots in Ireland"

The February sitting is over, but the argument recaps are just beginning. We welcome back Nina Totenberg to talk about four big cases from the past two weeks: Janus v. American Federation of State, County, and Municipal Employees, Council 31Minnesota Voters Alliance v. ManskyUnited States v. Microsoft Corp.; and Lozman v. City of Riviera Beach.

Next week we'll talk about orders and opinions, and we'll also answer your questions-- so call the hotline: 202-813-0839.

 

OT2017 #15: "Respected By All Sides"

We're switching it up and spending the whole episode on one case: United States v. Microsoft Corp. You know about storing stuff on the Cloud-- but what does it mean for your privacy when the cloud is technically located in another country? We'll get help understanding both sides with two special guests: Andrew Woods, Assistant Professor of Law at the University of Kentucky, and Brad Smith, President and Chief Legal Officer of Microsoft.

OT2017 #14: "Justice for Stormy"

The Supreme Court's long break is over and we're here to preview some of the most interesting cases from the February sitting. We take a deep dive into Janus v. AFSCME, Lozman v. City of Riviera Beach, Currier v. Virginia, and Ohio v. American Express. We also speculate about who Justice Ginsburg threw some recent shade at, and we wrap things up with some hotline calls. 

OT2017 #13: "Poker Face"

In the bleak midwinter, the Supreme Court gave us three opinions to mull over while we wait for the next argument session. We'll talk about the outcomes-- and how they line up with our predictions-- in District of Columbia v. Wesby and Artis v. District of Columbia. And for good measure, we'll toss in about 30 seconds on National Association of Manufacturers v. Department of Defense.

We'll also talk about the justices' presence at the State of the Union, the advent of #GorsuchStyle, and a redistricting move in Pennsylvania. Plus, we'll clean out our hotline inbox to answer some of your questions.