Cases and Controversies

The much-anticipated argument of the future of TikTok in the US will be heard by the Supreme Court on Friday. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler preview the case with Knight First Amendment Institute staff attorney Xiangnong (George) Wang. The Biden administration says the law, which effectively bans the social media site in the US unless sold by its Chinese owner, i...

After an eventful 2024, the justices are now on winter break until Jan. 10. "Cases and Controversies" hosts Kimberly Robinson, Lydia Wheeler, and Greg Stohr review all the biggest news stories from the justices in 2024, from Justice Samuel Alito's flag controversy to Justice Ketanji Brown Jackson's dream-come-true Broadway debut. They also look ahead to the cases to be heard in 2025, which include...

Justices from across the ideological spectrum appeared primed to limit the scope of environmental impact reviews, but it's unclear if they need a new test to do so. Cases and Controversies hosts Kimberly Robinson and Greg Stohr breakdown the Dec. 10 arguments in Seven County Infrastructure Coalition v. Eagle County, Colorado, an environmental case about how deep agencies must go in looking at the...

Justices on both sides of the US Supreme Court’s ideological line seemed concerned about a future ruling on gender-affirming care for minors reaching far beyond Tennessee and transgender kids. Whether an appeals court erred in how it scrutinized the constitutionality of state laws that purport to discriminate against people based on their sex was a central part of Dec. 4 arguments in United States...

A case testing the federal government's ability to regulate potentially harmful tobacco products will kick off arguments at the US Supreme Court in December. The Biden Administration is fighting to keep off the market new liquids for e-cigarettes sold under flavors like "Blackberry Lemonade" and "Killer Kustard Blueberry" that can attract kids in its appeal of a US Court of Appeals for the Fifth C...

The US Supreme Court struggled with where to draw the appropriate lines in bread-and-butter cases involving Nvidia Corp., criminal law, and immigration deadlines. In the securities case, the court looked for what Chief Justice John Roberts called a "sweet spot" in the Nvidia investor suit alleging the chipmaker at the heart of the AI boom misled the public about its dependence on crypto-mining rev...

The US Supreme Court struggled with how to ensure investors get accurate information without exposing companies to massive liability, in the multi-billion-dollar investor suit against Facebook’s parent company, Meta. The case centers on the fallout from Cambridge Analytica's unauthorized misuse of users data. Investors claim the tech giant mislead investors when warning that data misuse was a hypo...

Donald Trump is likely to flip Biden administration positions in disputes at the US Supreme Court over certain health-care treatments for transgender minors and federal regulations for build-at-home “ghost guns” should he win the White House. “These changes in position are not frequent, but we do see them every four years,” said Thomas Wolf, director of democracy initiatives at the Brennan Center...

The US Supreme Court is less likely to be the deciding factor in the tight presidential election absent a game-changing dispute in a single state as was the case in 24 years ago when the election went to the justices in Bush v. Gore. Notre Dame law professor Derek Muller joins Cases and Controversies to explain what states and courts are doing to try to avoid such a situation ahead of Nov. 5, and...

A truck driver consumed CBD oil, failed a drug test, and was fired from his job, but can he sue the companies that make the product for three times his lost wages? That was the question before the Supreme Court in a case that tests the scope of the Racketeer Influenced and Corrupt Organizations Act, a federal law otherwise known as RICO that was designed to fight organized crime. RICO is a crimina...

Oklahoma death row inmate Richard Glossip appears likely to achieve a rare victory at the Supreme Court despite a conservative majority that’s often hostile to capital defendants.  One factor setting Glossip’s case apart from others is that the state’s Republican attorney general sided with him in his bid for a new trial. But the fact that it’s still a question whether Glossip will prevail after a...

Supreme Court justices kick off their new term with arguments on guns and the death penalty, but a case about attorneys’ fees in civil rights cases has grabbed the attention of a diverse set of outside parties. Pooja Chaudhuri, of the Lawyers’ Committee for Civil Rights Under Law, joins Cases and Controversies to discuss why groups supporting gun rights, religious freedom, and racial justice have...

The Supreme Court kicks off its new term on Oct. 7 and the justices will hear arguments the first week in a dispute over “ghost gun” kits and an appeal from a death row inmate in Oklahoma. With about 27 cases granted for argument so far, the term is light on potential blockbusters. “There are a lot of cases that I would describe as kind of the meat and potatoes type cases that you typically see on...

Emergency requests, book tours, and security threats kept the justices busy while the US Supreme Court was on its summer recess. Get up to speed with Cases and Controversies hosts Kimberly Robinson, Lydia Wheeler, and Greg Stohr before the court kicks off its new term on Oct. 7. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The US Supreme Court closed out a blockbuster term with rulings that are likely to shield former President Donald Trump from facing a jury until after the election and further undercut the power of federal regulators.  In decisions that split 6-3 along the court's ideological line, the justices for the first time in history said former presidents have some immunity from criminal prosecution for of...

The US Supreme Court closed in on the end of its term with big rulings gutting the way federal agencies wield power, temporarily allowing emergency abortions in Idaho, and embracing a public camping ban that targets homeless people. The court is expected to wrap up the release of opinions in argued cases for the term on Monday, when decisions on social media laws and former President Donald Trump'...

The US Supreme court will release opinions Wednesday through Friday this week. The end of the term appears in sight with things usually wrapping up by the end of June. There are 14 decisions in argued cases still to hand down following the release of nine opinions last week. Those included an 8-1 decision upholding a federal law that bans people subject to domestic violence restraining orders from...

The US Supreme Court issued its highly anticipated rulings in cases involving the abortion drug mifepristone and so-called bump stocks, with cases on presidential immunity, the administrative state, and the Jan. 6 Capitol attack pending. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down the six cases the justices decided last week, including an under-the-radar trademark...

The US Supreme Court still has a lot left to do before it can close the term. Out of the 61 cases argued between October and April, the justices still have 29 to decide and they include some potential blockbusters. The court is expected to rule by the end of June on two abortion-related disputes and Donald Trump’s appeal for absolute immunity from prosecution over election interference allegations...

Cases and Controversies is on hiatus for a bit while we create some great new episodes for you. Until then, we're pleased to offer a special presentation of our ABA Silver Gavel award-winning series, UnCommon Law. Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncann...

Donald Trump may still get a victory even if the Supreme Court rejects his claim for blanket immunity from criminal prosecution. Several key justices seemed inclined during arguments on Thursday to send Trump’s case back to the trial court to determine whether he was acting in his official capacity when he tried to overturn the 2020 election and during the run-up to the Jan. 6 Capitol riot by his...

The Supreme Court will hear its second abortion case of the term, this time on Idaho’s ban and the reach of federal law in anti-abortion states. The Biden administration argued that the federal Emergency Medical Treatment and Labor Act requires hospitals to provide an abortion when there is a serious risk of harm to the mother. Alliance Defending Freedom’s John Bursch joins Cases and Controversies...

The Supreme Court will consider whether prosecutors went too far in charging Jan. 6 rioters with an Enron-era statute, in a case that could have implications for the criminal prosecution of former President Donald Trump. Former Boston Police officer Joseph Fischer, who participated in the Capitol breach, hopes to tap into concerns by some justices that prosecutors have too much discretion. It's so...

A fight over an Oregon city’s attempt to outlaw homelessness would make headlines in any other term. But the case, said to be the first of its kind in decades and set for argument April 22, has flown under the radar. The justices are being asked if the Eighth Amendment ban on cruel and unusual punishment prohibits Grants Pass from enforcing an ordinance that makes it unlawful to sleep on public pr...

Arguments in the challenge to the abortion drug mifepristone suggest the Supreme Court will nix the dispute on technical standing grounds. Justices from across the ideological spectrum suggested the anti-abortion doctors at the center of the case were asking too much. Cases and Controversies hosts run through the lopsided arguments that focused little on the merits and almost exclusively on whethe...