Law360's The Term - News & Analysis on the Supreme Court

Law360's The Term podcast reacts to the news that U.S. Supreme Court investigators have been unable to unmask the identity of the Dobbs leaker after eight months of investigation on this week's episode. Plus, a breakdown of this week's thorny immigration case and a dispute over whether foreign state-owned enterprises can be indicted 

The U.S. Supreme Court has heard just over 30 cases in the first three months of the term, but has yet to decide a single one. Law360's The Term podcast discusses the historically slow start to the term, as well as two cases of particular interest to the legal and labor worlds.

The U.S. Supreme Court has recessed for winter break without issuing a single merits opinion in the slowest beginning of a term in years. Meanwhile, arguments are longer than they've been in decades. In its year-end episode, Law360's The Term asks: Do the justices need better time management skills?

If Republican lawmakers thought the conservative justices would fully embrace a novel theory stripping state courts of power to review federal election rules, Wednesday's oral arguments at the Supreme Court was a tough wake-up call. Law360's The Term breaks down Moore v. Harper on this week's episode.

The Supreme Court heard more than two hours of arguments Monday in this term's clash between LGBTQ rights and religious business owners, with the justices struggling to draw lines between free speech and discrimination. Law360's The Term recaps the hearing in a special recap episode.

The Supreme Court heard tense cases over public corruption prosecutions and new deportation guidelines for ICE agents this week, but there was news outside the courtroom as well when the court's in-house lawyer rejected allegations that Justice Samuel Alito divulged the outcome of a 2014 case at a dinner party. Law360's The Term discusses the latest in this week's episode.

Overlooked for much of his career, Justice Samuel Alito was the toast of last week's Federalist Society gala for his landmark majority opinion overturning Roe v. Wade. Law360's The Term discusses the justice's moment in the spotlight and the fast-moving fight over President Donald Trump's tax returns.

The Supreme Court appeared divided Wednesday as it considered the legality of a 1978 law requiring state family courts to prioritize placing Indian foster children with native households. Law360's The Term recaps the 3-hour hearing on the Indian Child Welfare Act in this week's episode.

A month after turning away former President Donald Trump's appeal in the Mar-a-Lago document case, the Supreme Court is facing another request from the last occupant of the White House: shield his tax returns from House Democrats. Law360's "The Term" breaks down the latest "shadow docket" news on this week's podcast episode, plus a rare courtroom protest over abortion that rocketed an obscure tax...

Harvard University, the University of North Carolina and various colleges around the country may soon have to reckon with a Supreme Court ruling declaring their race-conscious admissions policies to be unlawful, judging by the tone of Monday's oral arguments on the fate of affirmative action in higher education. Law360's The Term discusses what we learned from the roughly five-hour sitting on this...

The composition of the Supreme Court has changed dramatically since Carter Phillips' first argument in 1982, but his preparation for his 89th argument next month will be largely the same. The Sidley Austin partner spoke to Law360's The Term this week on the lessons learned from his prolific career, and why he isn't surprised by his former colleague Justice Samuel Alito's rising profile on the nati...

A California initiative banning pork sold from sows raised in small confined spaces set off a two-hour debate at the Supreme Court this week, with the justices concerned about an escalatory "war" of morality laws between states with different political leanings. The Term breaks down the case on this week’s episode, as well as a pop culture-infused hearing over Andy Warhol's silkscreen of the late...

Justice Ketanji Brown Jackson blasted off the blocks of her Supreme Court career this week, diving into oral arguments with a rare clarity of purpose for a new court member. Law360's The Term breaks down her enthusiastic start on this week's episode, plus some new Supreme Court cases and what they mean for BigTech.

As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, fall-out from last term's Dobbs decision and its leaked draft is still reverberating. While pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court, as well as walk through some of the high-profil...

A Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term. We take a look at the conservative supermajority’s turn toward originalism and the shifting power dynamics among the justices. We also dive into the biggest...

Thursday's swearing in of Justice Ketanji Brown Jackson as the first African American woman on the U.S. Supreme Court made history, but it was arguably the court's decision, just hours before, to curb the Environmental Protection Agency's authority to impose sweeping climate regulations that grabbed the most attention. Law360's The Term breaks down the final day before summer recess.

On Friday, the Supreme Court overturned Roe v. Wade and upheld a Mississippi law banning abortions after 15 weeks of pregnancy. In this special episode, Law360's The Term breaks down the historic ruling and its potential impacts with constitutional scholar and professor Carolyn Shapiro.

States that require applicants to show a heightened need to obtain a license to carry firearms are violating the Constitution, the Supreme Court said in a blockbuster gun rights decision expanding the Second Amendment to outside the home. Law360's The Term discusses the ruling and other high court action on this week's episode, including the biggest religious freedom victory of the term.

Handing down 11 opinions this week, the justices took a sizable bite out of its backlog and seem determined to wrap up its work on time before summer recess. From double jeopardy to immigration law, Law360's The Term explores the more noteworthy decisions buried in the week's caseload.

The Supreme Court is entering its blockbuster final stretch with just under 30 cases to go before summer recess, but the arrest this week of a man allegedly threatening to kill Justice Brett Kavanaugh has refocused attention on the personal safety of the justices. On this week’s episode of The Term we examine the latest threats surrounding the court and its members, plus highlight two rulings from...

With a report that the Supreme Court marshal is demanding cell records and affidavits from law clerks to find the source of the leaked abortion draft opinion, a veteran white collar defense lawyer joins Law360's The Term podcast on what advice he would give these elite, yet inexperienced, young attorneys. Also this week, the high court is on a record slow pace issuing opinions this term, but hande...

The Supreme Court has long held that ineffective assistance of counsel gives rise to a Sixth Amendment claim, but what happens when the lawyers tasked with making such a claim are themselves ineffective? On this week’s episode of The Term we discuss how Monday's ruling in Shinn v. Ramirez will make it difficult to do anything about that. We’re also breaking down the rare loss for arbitration this...

The Supreme Court has eliminated much of the risks associated with congressional candidates lending to their own political campaigns. This week on The Term, we’re discussing the court’s decision to strike down loan repayment restrictions passed 20 years ago to combat corruption, and why dissenting justices think it greenlights "sordid bargains" between donors and winning candidates. We’re also bre...

This week, Law360's The Term podcast discusses the continued fallout over last week's leaked draft opinion overturning Roe v. Wade, including additional security for justices who are now facing protests of a much more personal nature—outside their homes. Plus, the hosts talk to Skadden's Shay Dvoretzky about his career as a Supreme Court lawyer.

Justice Samuel Alito based his draft decision overturning Roe v. Wade on the idea that abortion rights are not "deeply rooted" in the nation's history. On this week's episode of The Term, we welcome constitutional scholar and Stanford Law Professor Bernadette Meyler to discuss how Justice Alito's leaked bombshell opinion deals with a subject of intense historical debate.