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

This week, Law360's The Term podcast discusses Oklahoma's attempt to contain the fallout from a 2020 Supreme Court ruling that classified a huge swath of the state as Indian Country. Plus, should the Biden administration have to continue a Trump policy of sending migrants back to Mexico while their immigration claims are pending? And finally, a touching goodbye to Justice Stephen Breyer by Chief J...

Was a Washington high school football coach simply exercising his First Amendment rights when he prayed after games at the 50-yard line? Or was he actually pressuring students into joining him as a public school employee? The Supreme Court will search for the truth this Monday in a case explored on this episode of Law360's The Term podcast.

A historic confirmation. More shadow docket drama. Plus, what Justice Amy Coney Barrett is telling Americans to do before reacting to the blockbuster opinion season coming up. On this week’s episode of The Term we’re catching up on a busy week in Supreme Court news, including the official, not-quite partisan vote to make Judge Ketanji Brown Jackson the next Supreme Court justice, and an opinion fr...

It was a banner week for the Federal Arbitration Act in the U.S. Supreme Court this week, as the justices examined the nearly 100-year-old law in multiple cases, including one with huge ramifications for the nation's most populous state of California. On this week’s episode of The Term we’re breaking down the ongoing battle between workers and employers over the FAA.

Four days. Emotional moments. Fierce partisanship. D.C. Circuit Judge Ketanji Brown Jackson made it through the crucible of the Senate Judiciary Committee this week, withstanding more than 20 hours of questioning from lawmakers. On this week’s episode of The Term we welcome Law360 congressional reporter James Arkin to discuss what we learned about the potential next U.S. Supreme Court justice.

The U.S. Supreme Court is famously slow to embrace change, but its experiment with live audio during the pandemic has been hailed by lawyers and court watchers as a success. This week, Law360's The Term speaks with Gabe Roth of the judicial watchdog group Fix the Court about that newfound public access, and various other ways to make one of the nation's most powerful institutions more transparent.

The U.S. Supreme Court turned away Republican challenges to court-ordered congressional maps in North Carolina and Pennsylvania, but a growing number of justices are showing interest in a novel legal theory that curbs the power of state courts to draw electoral maps. Law360's The Term explores the situation in this week's episode.

We saw an uptick in opinions from the Supreme Court this week, and we're discussing all four of the decisions that were handed down on this week's episode of The Term, including the Boston bomber's reinstated death sentence and the CIA's victory in a state secrets case.

From being Matt Damon's scene partner as an undergrad to getting swamped with 150 cases as a rookie judge, Supreme Court nominee Ketanji Brown Jackson has publicly shared a number of stories over the years from her life and career as a self-identified "professional vagabond." On this special episode of The Term, we pore through an archive of speeches, panels and hearings to explore how D.C. Circui...

The U.S. Supreme Court is set to examine the Environmental Protection Agency's authority to regulate against climate change at a highly-anticipated hearing on Monday. On this week’s episode of The Term, we explore how the case could affect the ability of federal agencies writ-large to set public policy. Also this week, we discuss the justices’ decision this week to revisit the contentious battle b...

As the White House continues vetting candidates for Justice Stephen Breyer's Supreme Court seat, the delicate D.C. dance of lobbying for certain individuals is well underway. On this week’s “SCOTUS Sweepstakes” episode of The Term, we take a closer look at two of the rumored "shortlisters" under consideration, plus a few “long list” candidates who have recently gained some traction.

Frustrations boiled over at the Supreme Court this week in a Voting Rights Act decision Monday that Justice Elena Kagan called a “disservice to Black Alabamians” and a further abuse of the court’s emergency docket, prompting a heated response from Justice Brett Kavanaugh. On this week's episode of The Term, we’re breaking down the case and the brewing debate over the court’s so-called “shadow dock...

The Harvard admissions case taken up by the Supreme Court could see the court's conservative majority overrule more than 40 years of precedent by ending affirmative action in higher education. Can America's preeminent school save its race-conscious admissions process? On this week’s episode of The Term we’re breaking down the blockbuster case with Law360 senior Boston courts reporter Chris Villani...

Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. On this week’s episode, The Term breaks down the legacy he will leave behind and takes a look at what lays ahead for his potential successor with two special guests.

The Supreme Court this week agreed to hear the case of a high school football coach who prayed with students, weighed whether Boston could refuse to fly a Christian-themed flag, and debated Ted Cruz's challenge to campaign finance law. On this week’s episode of The Term, we’re breaking down a big week in First Amendment law.

The Supreme Court heard two emergency appeals Friday on whether to allow the Biden administration to impose vaccination or testing requirements on huge swaths of the American workforce. On this week’s episode of The Term, senior employment reporter Vin Gurrieri joins us to discuss the more than 3 hours of oral arguments, how the justices seemed to be leaning, and when we can expect a ruling on thi...

With the year drawing to a close and the justices on break for the holiday, we’re taking the opportunity to look at how the first three months of the Supreme Court term have gone so far. On this week’s episode we welcome guest host and Law360 Pulse reporter Jack Karp, who has been tracking Supreme Court data throughout the term and will give a breakdown of the numbers: Which justices have spoken t...

Discrimination or church-state separation? That was the question the Supreme Court justices debated this week in a blockbuster First Amendment case over a Maine private school subsidy program that excludes "sectarian" schools. Law360's The Term dives into the arguments on this week's episode.

The Supreme Court appears likely to uphold Mississippi's 15-week abortion ban, but how far will the justices go in scaling back abortion rights? Law360's The Term analyzes the key moments from Wednesday's hearing that could decide the fate of Roe v. Wade.

Arguing before the Supreme Court is considered a privilege to most lawyers—a privilege longtime former Deputy Solicitor General Michael Dreeben has had over 100 times. This week on The Term podcast, Dreeben discusses his most memorable moments at the lectern and how he sharpened his advocacy skills.

The Supreme Court on Tuesday considered whether residents of Puerto Rico should be eligible for federal disability benefits in a case that examines the island's unique status in the eyes of the United States government. On this week's episode of The Term, we welcome Law360 senior reporter Carolina Bolado, who has been tracking this case for years. She talks us through what the justices were asking...

The Supreme Court's conservative majority seems likely to strike down New York's century-old restrictions on carrying firearms in public, but it's unclear what limits the court will set to keep guns out of "sensitive" places. Law360's The Term examines this week's blockbuster oral arguments in New York Rifle and Pistol Assn. v. Bruen, plus a summary of the arguments that took place Monday in a pai...

It was finally the Second Amendment's turn to steal the show at the Supreme Court next week—until the justices caught court watchers by surprise by adding a pair of explosive cases over Texas' 6-week abortion ban to Monday's docket. On this week’s episode of The Term, we discuss what’s behind the last minute maneuvers and break down everything you need to know before the high court hears the landm...

The Supreme Court stayed busy this week despite oral arguments, issuing a pair of rulings on Monday that granted qualified immunity to law enforcement officers involved in alleged violations of civil rights. On this week’s episode, we welcome guest Jay Schweikert, an attorney and research fellow with the Cato Institute’s Project on Criminal Justice, to discuss what the rulings mean for the future...

Dzhokhar Tsarnaev was convicted and sentenced to death in 2015 for his role in the deadly Boston Bombings that killed three people and injured nearly 300 others, but last year his sentence was overturned by a First Circuit that found he didn’t receive a fair trial. The case reached the Supreme Court on Wednesday, where the justices grappled with arguments about mitigating evidence and appeared to...