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. 

OT2016 #13: "Harriet Miers Bobblehead"

After a long break, the Supreme Court is back in session, and we resume our regularly scheduled programming. We analyze the March and April argument calendars (you'll never believe which case finally got scheduled), and we take a deep dive into this week's big case: Hernandez v. Mesa. Plus, we'll update you on our Patreon campaign, and answer an extremely important question that slid into our DMs.

If you like the show, there are lots of ways you can support us. Set up a monthly donation and receive access to great bonus episodes, like this week's exclusive interview with the Floyd Mayweather of Supreme Court advocacy, Lisa Blatt. And as always, subscribe, review, and send to your friends!

Good Behaviour #2: "Disheartening and Demoralizing"

In this second episode of the Good Behaviour miniseries, Dan and Ian continue to chronicle the nomination of Judge Neil Gorsuch to the Supreme Court. What is it with Judge Gorsuch and his yearbooks? How much cash did he have on hand in 2006? And will he have more people show up to this confirmation hearing than his last?

This week also marks the launch of our Patreon campaign! We've been doing the show on our own dime, but there are mics to buy, a producer to pay, and better music to license. We want First Mondays to stay free for everyone, and it will. But become a monthly donor, and you'll unlock secret levels of Firstiehood like bonus episodes, live broadcasts, and a special chatroom. If you love the show, please consider supporting us.

And of course, we appreciate your other forms of support: subscribing, reviewing, tweeting at us, and sending episodes to your friends. We couldn't do it without you.

Good Behaviour #1: "Grist of a Judge's Life"

We debut a brand new series, "Good Behaviour," to track the confirmation process of Judge Neil Gorsuch, who President Trump just nominated to fill Justice Scalia's vacant seat. For an insider's perspective, Dan and Ian talk to Jason Murray, who clerked for Judge Gorsuch prior to clerking for Justice Kagan. They also dissect some of Judge Gorsuch's opinions on the Tenth Circuit, answer a hotline question about his homeland, analyze linear representations of ideology, and reveal the surprising person Judge Gorsuch called first after he received the nomination.

If you have questions about Judge Gorsuch and the confirmation process, get in touch! We may feature your calls and tweets in future episodes of this series.

If you liked this week’s episode, send it your favorite Supreme Court reject. And as always, subscribe and review!

OT2016 #12: "That Makes No Sense"

This week, Dan and Ian have a conversation with Adam Liptak, who covers the Supreme Court for a little local newspaper called The New York Times. During argument recaps, you'll learn the circumstances under which you should rethink all the choices that led you to argue in front of the Supreme Court. Plus, Dan fills us in on a new grant, Ian reminisces about the last inauguration, Firsties call the hotline with great questions, and a surprise caller gives us a twist on the Questions Demented game. 

As a reminder, we're looking for sponsors to partner with. If you or your business think you’d like to advertise to our audience of appellate enthusiasts, get in touch!

If this episode did make sense to you, send it to someone you think should be on the SCOTUS nominee short list. And please subscribe and leave reviews-- it really helps the show.

OT2016 #11: "Close to Using a Swear"

Last week, the Supreme Court heard its first arguments of 2017, and Dan & Ian have the recaps. And as we gear up for arguments in crimmigration case Dimaya v. Lynch, First Mondays welcomes attorney Brian Goldman. It's the first time we've hosted a member of counsel in an active case, and we celebrate by foisting another round of the new QP game upon him. 

There comes a time in every young podcast’s life when it looks to smart and admirable sponsors to partner with. First Mondays is at that place, so if you or your business think you’d like to advertise to our audience of appellate enthusiasts, get in touch!

If you liked this week’s episode, send it to a law student or two and help them look smart in class. As always, please subscribe and leave us reviews in the iTunes store—it helps other people find the show!

OT2016 #10: "You Would Wear a Stroller"

The Supreme Court is (finally) back in session, and Dan and Ian are ready with previews of Expressions Hair Design v. Schneiderman, and Nelson v. Colorado. They'll also talk to Gabe Roth of Fix the Court about Chief Justice Robert's recent controversial recusal.

Plus:
-Which US Representative should be forced to hang out with the shunning guy
-What outdated mode of gentlemen's dress is a step beneath morning dress
-How to explain complicated legal concepts to just about anybody

If you like this episode, send it to the smartest legal mind you know. They'll appreciate the compliment. Then, email/tweet/call in your own dumbed down QPs. And as always, subscribe!

101 First Street #2: "The Most Exciting Parts"

In this second episode in our 101 First Street series, we go inside oral arguments at the Supreme Court. Who talks first? How long until they get interrupted? After it's over, then what? Plus, you'll hear actual audio from the arguments in Maryland v. King, and we'll provide you with a lame joke to annoy your friends.

Let us know what questions you have about the Court for future editions of 101 First Street. In the mean time, subscribe! Follow us on Twitter! Like us on Facebook!

OT2016 #9: "What's Not on That February Calendar"

In this holiday bonus episode of First Mondays, we introduce our new producer, Melody Rowell. We also break down the Court's new grants, the release of the February calendar, and the supplemental briefing order in Jennings. (Listeners of the after-show will also enjoy further critique of Emily Bazelon's New York Times Magazine article on Justice Scalia and science.)

Enjoying First Mondays? Subscribe! Future bonus content may be posted only for subscribers. It's free, and we're available on both iTunes and Stitcher, in your podcast app of choice. (And don't worry: the second episode of 101 First Street is coming very soon.)