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

He's quiet, conservative and controversial. But what do we really know about Justice Clarence Thomas? This week, the team discusses a new documentary on the enigmatic justice that features interviews with the man himself.

The U.S. Supreme Court this week dove into several cases that could affect the 2020 election, including high-profile arguments over access to President Donald Trump's financial records and a row over so-called faithless presidential electors that sparked one justice to amusingly reference the "Lord of the Rings" universe. We break it all down on this week’s episode of The Term. And if you enjoy th...

There was no shortage of surprises in the U.S. Supreme Court’s historic first week of telephonic arguments, as Justice Clarence Thomas frequently asked questions and Justice Ruth Bader Ginsburg unfortunately had to dial in from a hospital bed. And there were no shortage of bloopers either, including a toilet flush heard across social media. We break it all down on this week’s episode of The Term.

The U.S. Supreme Court has released the format for how its unprecedented telephone oral arguments will work next week, and they won't be the usual free-for-all court watchers are used to hearing. On this week’s episode of The Term we break those down, plus look at the court's big Monday ruling in an Affordable Care Act case and a not-so-big one on the Second Amendment.

In delivering this week’s slate of opinions, the U.S. Supreme Court justices created a few eyebrow-raising alliances in a pair of cases involving the Clean Water Act and the requirement for a unanimous jury. We break down both of those decisions on this week’s Term, plus touch on a case the high court added to its docket with important digital privacy implications.

The U.S. Supreme Court surprised many legal watchers this week when it agreed to hold a slate of telephonic oral arguments in light of the pandemic. The team breaks down what to expect, before diving into a new high court challenge to the Trump administration’s “wealth test” spurred by COVID-19.

This week, the team discusses the Supreme Court’s first coronavirus-related ruling in a case involving Wisconsin’s election, which highlighted how the court’s partisan division may play out through the deadly pandemic. We also dive into the latest oral argument postponements, and a pair of additional opinions handed down this week that have 4th Amendment and employment discrimination implications.

This week, the team discusses how the coronavirus is affecting life at the U.S. Supreme Court, from tech troubles during an opinion announcement to Justice Ruth Bader Ginsburg’s famous workout routine. Plus, there’s a special conversation with Cate Stetson, co-director of Hogan Lovells LLP’s appellate practice, on what the pandemic means for Supreme Court lawyers.

This week’s episode looks at how the U.S. Supreme Court is keeping its gears in motion amid the pandemic, how the stimulus bill could help further remote working at the court and, on a lighter note, the team looks at some of the justices’ travel perks before self-isolation became the new norm.

The Supreme Court has closed to the public and, for the first time in a century, postponed oral arguments because of a public health crisis. This week, the team discusses how the spreading novel coronavirus has upended the current term -- and what may lie ahead for the justices.

The phrase “Equal Justice Under Law” is engraved on the front of the Supreme Court, but a new book by journalist and lawyer Adam Cohen argues that the court’s decisions over the last 50 years have disfavored the poor. Cohen joins this week’s Term to discuss the court’s changing composition, key Supreme Court cases that have impacted the poor and the issue of economic diversity on the bench. Also t...

The U.S. Supreme Court saw a headline-grabbing week with arguments in two heavily watched cases, and the drama only escalated after a senator’s remarks on an abortion case earned a sharp public rebuke from the chief justice. We dive into that dust up on this week’s show, plus hit the highlights from the week including oral arguments in the Consumer Financial Protection Bureau case with Law360 Seni...

The U.S. Supreme Court, which was busy putting out a number of opinions and adding to its docket this week, is set to hear a blockbuster abortion rights case in the coming days. On this week’s Term episode, we break down what to watch in that case.

The U.S. Supreme Court will be back in session next week, so on this week’s Term we preview key arguments scheduled for the returning justices, including a dispute over a national trail that is threatening a $7 billion gas pipeline project and whether a $4.2 billion judgment in a terrorism case can stand.

This week we’re joined by Sen. Sheldon Whitehouse who explains why he believes a high-stakes case over the Consumer Financial Protection Bureau is an example of “dark money” influencing outcomes at the U.S. Supreme Court. The senator also discusses reaction to his amicus brief in a high-profile gun case and his thoughts on Chief Justice John Roberts' role in the Senate impeachment trial.

The U.S. Supreme Court may be in recess, but the justices are still busy making speeches, attending events, and presiding over some pretty important business in the Senate. This week we recap the justices’ public remarks, including their thoughts on controversial new ethics guidance, Justice Elena Kagan’s secret Twitter account, and why the “golden gavel” Chief Justice John Roberts’ earned may pal...

Justice Neil Gorsuch sure doesn’t like nationwide injunctions, a fact he made abundantly clear this week in a high-profile immigration case. We discuss Gorsuch’s attack on the slew of nationwide injunctions that lower courts have been issuing against the Trump administration. We also talk about what the justices are doing with their winter break and give an update on some cases to watch on the hig...

What started out as a relatively low-key tax case has taken on new importance as the latest battleground over the separation of church and state. We’re joined by Law360 tax correspondent Maria Koklanaris to untangle the oral arguments. This week we’ll also discuss Justice Roberts late night admonition and use of an arcane insult at President Trump’s impeachment trial; and we discuss the status of...

Political scandals, an internet meme and impeachment dominated the news coming out of the Supreme Court this week. We break down what to expect from Chief Justice John Roberts in his role presiding over President Trump’s impeachment trial; where the justices stand after oral arguments over the New Jersey Bridgegate scandal; and what caused Roberts to refer to the “OK, Boomer” meme in court.

The new year has kicked off with some blockbuster issues facing the U.S. Supreme Court. We dive in to new filings in a case involving abortion law protections, upcoming arguments related to New Jersey’s Bridgegate scandal, and a petition to strike down the Affordable Care Act.

It’s the end of the year but for our last episode of 2019, we wanted to look ahead to how the Supreme Court’s newly bolstered conservative majority will flex its muscle the rest of this term and those to come. We’re joined by special guest UC Berkeley School of Law Dean Erwin Chemerinsky, who breaks down the new dynamics on the high court. We’ll also touch briefly on a few notable grants of certio...

The High Court is weighing in on the Affordable Care Act again, this time in a $12 billion fight between the government and health insurers. We break down the oral arguments in the trio of consolidated cases. This week we also discuss a ruling on some unusual intellectual property fees; an addition to the court’s docket over whether states can have laws that prevent the makeup of their courts from...

The Supreme Court heard oral arguments this week in the first Second Amendment gun case in a decade, but will it prove to be a dud? We discuss that possibility this week, as well as the Trump administration seeking another emergency ruling and Justice Kavanaugh’s interest in reviving the long-dormant nondelegation doctrine to curtail executive agency power.

The Supreme Court heard no arguments this week, but that doesn’t mean things were dull for high court watchers. We’ll share some of Justice Elena Kagan’s thoughts about the court’s new two-minute oral argument policy (spoiler: she doesn’t love it) and touch down on Justice Brett Kavanaugh’s first major public speech since his bruising confirmation battle last year. Plus, we’ll discuss the court ag...

On Tuesday the Supreme Court heard blockbuster arguments over the fate of the Deferred Action for Childhood Arrivals program. Senior immigration reporter Suzanne Monyak joins the show to share insights into the potential impact of the case, and Jimmy Hoover gives us a report on the atmosphere at First Street that day and how the justices seemed to be leaning. Plus, we discuss the court avoiding gu...