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Supreme Court of the United States

Supreme Court Season episodes will include all arguments that occur from October 01st to June/July. SIDEBAR Episodes will take place between the end of the current term and the start of the next term. (July - October)


Jack Daniel’s Properties v. VIP Products LLC, No. 22-148 [Arg: 3.22.2023]
Issue(s): (1) Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, 15 U.S.C. § 1125(a)(1), or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act, 15 U.S.C. § 1125(c)(3)(C). ★ Support this podcast on Patreon ★
83:27 3/23/23
Abitron Austria GmbH v. Hetronic Int'l, No. 21-1043 [Arg: 03.21.2023]
Issue(s): Whether the U.S. Court of Appeals for the 10th Circuit erred in applying the Lanham Act, which provides civil remedies for infringement of U.S. trademarks, extraterritorially to Abitron Austria GmbH's foreign sales, including purely foreign sales that never reached the United States or confused U.S. consumers. ★ Support this podcast on Patreon ★
87:15 3/23/23
Coinbase v. Bielski, No. 22-105 [Arg: 03.21.2023]
Issue(s): Whether a non-frivolous appeal of the denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending appeal. ★ Support this podcast on Patreon ★
82:22 3/23/23
Arizona v. Navajo Nation, No. 21-1484 [Arg: 03.20.2023]
Issue(s): (1) Whether the opinion of the U.S. Court of Appeals for the 9th Circuit, allowing the Navajo Nation to proceed with a claim to enjoin the secretary of the U.S. Department of the Interior to develop a plan to meet the Navajo Nation’s water needs and manage the mainstream of the Colorado River in the Lower Basin so as not to interfere with that plan, infringes upon the Supreme Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California; and (2) whether the Navajo Nation can state a cognizable claim for breach of trust consistent with the Supreme Court’s holding in United States v. Jicarilla Apache Nation based solely on unquantified implied rights to water under the doctrine of Winters v. United States. ★ Support this podcast on Patreon ★
110:03 3/23/23
New York v. New Jersey, No. 22O156 [Arg: 3.1.2023]
Issue(s): Whether the Supreme Court should issue declaratory judgment and/or enjoin New Jersey from withdrawing from its Waterfront Commission Compact with New York, which grants the Waterfront Commission of New York Harbor broad regulatory and law-enforcement powers over all operations at the Port of New York and New Jersey. ★ Support this podcast on Patreon ★
88:34 3/2/23
Department of Education v. Brown, No. 22-535 [Arg: 2.28.2023]
Issue(s): (1) Whether two student-loan borrowers have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the department's plan is statutorily authorized and was adopted in a procedurally proper manner. ★ Support this podcast on Patreon ★
75:38 3/1/23
Biden v. Nebraska, No. 22-506 [Arg: 2.28.2023]
Issue(s): (1) Whether six states have Article III standing to challenge the Department of Education's student-debt relief plan; and (2) whether the plan exceeds the secretary of education's statutory authority or is arbitrary and capricious. ★ Support this podcast on Patreon ★
122:34 3/1/23
Dubin v. U.S., No. 22-10 [Arg: 2.27.2023]
Issue(s): Whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense. ★ Support this podcast on Patreon ★
92:30 2/28/23
Twitter v. Taamneh, No. 21-1496 [Arg: 2.22.2023]
Issue(s): (1) Whether a defendant that provides generic, widely available services to all its numerous users and “regularly” works to detect and prevent terrorists from using those services “knowingly” provided substantial assistance under 18 U.S.C. § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use; and (2) whether a defendant whose generic, widely available services were not used in connection with the specific “act of international terrorism” that injured the plaintiff may be liable for aiding and abetting under Section 2333. ★ Support this podcast on Patreon ★
149:43 2/23/23
Gonzalez v. Google LLC, No. 21-1333 [Arg: 2.21.2023]
Issue(s): Whether Section 230(c)(1) of the Communications Decency Act immunizes interactive computer services when they make targeted recommendations of information provided by another information content provider, or only limits the liability of interactive computer services when they engage in traditional editorial functions (such as deciding whether to display or withdraw) with regard to such information. ★ Support this podcast on Patreon ★
160:42 2/23/23
Perez v. Sturgis Public Schools, No. 21-887 [Arg: 1.18.2023]
Issue(s): (1) Whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s administrative proceedings under Section 1415(l) when such proceedings would be futile; and (2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA. ★ Support this podcast on Patreon ★
88:59 2/23/23
Santos-Zacaria v. Garland, No. 21-1436 [Arg: 1.17.2023]
Issue(s): Whether the court of appeals correctly determined that 8 U.S.C. 1252(d)(1) prevented the court from reviewing petitioner's claim that the Board of Immigration Appeals engaged in impermissible factfinding because petitioner had not exhausted that claim through a motion to reconsider. ★ Support this podcast on Patreon ★
63:33 2/23/23
Turkiye Halk Bankasi A.S. v. U.S., No. 21-1450 [Arg: 1.17.2023]
Issue(s): Whether U.S. district courts may exercise subject-matter jurisdiction over criminal prosecutions against foreign sovereigns and their instrumentalities under 18 U.S.C. § 3231 and in light of the Foreign Sovereign Immunities Act. ★ Support this podcast on Patreon ★
95:58 2/23/23
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, No. 22-96 [Arg: 1.11.2023]
Issue(s): Whether the Puerto Rico Oversight, Management, and Economic Stability Act’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims. ★ Support this podcast on Patreon ★
56:28 2/23/23
Glacier Northwest v. Int'l Brotherhood of Teamsters, No. 21-1449 [Arg: 1.10.2023]
Issue(s): Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer's property in the course of a labor dispute. ★ Support this podcast on Patreon ★
86:01 2/23/23
In re Grand Jury, No. 21-1397 [Arg: 1.9.2023; Decided 01.23.2023]
Issue(s): Whether a communication involving both legal and non-legal advice is protected by attorney-client privilege when obtaining or providing legal advice was one of the significant purposes behind the communication. ★ Support this podcast on Patreon ★
67:59 2/23/23
Ohio Adjutant General’s Department v. Federal Labor Relations Authority, No. 21-1454 [Arg: 1.9.2023]
Issue(s): Whether the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, empower it to regulate the labor practices of state militias. ★ Support this podcast on Patreon ★
89:32 2/23/23
Moore v. Harper, No. 21-1271 [Arg: 12.7.2022]
  ★ Support this podcast on Patreon ★
173:48 2/23/23
U.S., ex rel. Polansky v. Executive Health Resources, No. 21-1052 [Arg: 12.6.2022]
Whether the government has authority to dismiss a False Claims Act suit after initially declining to proceed with the action, and what standard applies if the government has that authority.
81:24 2/23/23
Bartenwerfer v. Buckley, No. 21-908 [Arg: 12.6.2022]
Whether an individual may be subject to liability for the fraud of another that is barred from discharge in bankruptcy under 11 U.S.C. § 523(a)(2)(A), by imputation, without any act, omission, intent or knowledge of her own.
72:44 2/23/23
303 Creative LLC v. Elenis, No. 21-476 [Arg: 12.5.2022]
QUESTION PRESENTED:Whether applying a public-accommodation law to compel an artist to speak or stay silent violates the free speech clause of the First Amendment. ★ Support this podcast on Patreon ★
141:58 12/6/22
MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270 [Arg: 12.5.2022]
QUESTION PRESENTED:Whether Bankruptcy Code Section 363(m) limits the appellate courts’ jurisdiction over any sale order or order deemed “integral” to a sale order, such that it is not subject to waiver, and even when a remedy could be fashioned that does not affect the validity of the sale. ★ Support this podcast on Patreon ★
69:52 12/6/22
Wilkins v. U.S., No. 21-1164 [Arg: 11.30.2022]
QUESTION PRESENTED:Whether the Quiet Title Act’s statute of limitations is a jurisdictional requirement or a claim-processing rule. ★ Support this podcast on Patreon ★
65:48 12/6/22
U.S. v. Texas, No. 22-58 [Arg: 11.29.2022]
QUESTION PRESENTED:(1) Whether state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; (2) whether the Guidelines are contrary to 8 U.S.C. § 1226(c) or 8 U.S.C. § 1231(a), or otherwise violate the Administrative Procedure Act; and (3) whether 8 U.S.C. § 1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the guidelines under 5 U.S.C. § 706(2). ★ Support this podcast on Patreon ★
136:14 12/6/22
Percoco v. U.S., No. 21-1158 [Arg: 11.28.2022]
QUESTION PRESENTED:Whether a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decisionmaking, owes a fiduciary duty to the general public such that he can be convicted of honest-services fraud. ★ Support this podcast on Patreon ★
67:56 12/6/22
Ciminelli v. U.S., No. 21-1170 [Arg: 11.28.2022]
QUESTION PRESENTED:Whether the U.S. Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute. ★ Support this podcast on Patreon ★
77:46 12/6/22
Haaland v. Brackeen, No. 21-376 [Arg: 11.9.2022]
QUESTION PRESENTED:(1) Whether various provisions of the Indian Child Welfare Act of 1978 — namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Section 1915(a) and (b); and the recordkeeping provisions of Sections 1915(e) and 1951(a) — violate the anticommandeering doctrine of the 10th Amendment; (2) whether the individual plaintiffs have Article III standing to challenge ICWA’s placement preferences for “other Indian families” and for “Indian foster home[s]”; and (3) whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection. ★ Support this podcast on Patreon ★
192:21 11/15/22
Health and Hospital Corporation of Marion County, Indiana v. Talevski, No. 21-806 [Arg: 11.8.2022]
QUESTION PRESENTED:(1) Whether, in light of compelling historical evidence to the contrary, the Supreme Court should reexamine its holding that spending clause legislation gives rise to privately enforceable rights under 42 U.S.C. § 1983; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987’s transfer and medication rules do so. ★ Support this podcast on Patreon ★
94:05 11/15/22
Mallory v. Norfolk Southern Railway Co., No. 21-1168 [Arg: 11.8.2022]
QUESTION PRESENTED:Whether the due process clause of the 14th Amendment prohibits a state from requiring a corporation to consent to personal jurisdiction to do business in the state. ★ Support this podcast on Patreon ★
108:14 11/15/22
Securities and Exchange Commission v. Cochran, No. 21-1239 [Arg: 11.7.2022]
QUESTION PRESENTED:Whether a federal district court has jurisdiction to hear a suit in which the respondent in an ongoing Securities and Exchange Commission administrative proceeding seeks to enjoin that proceeding, based on an alleged constitutional defect in the statutory provisions that govern the removal of the administrative law judge who will conduct the proceeding. ★ Support this podcast on Patreon ★
69:22 11/15/22