The Federalist Society
SCOTUScast
SCOTUScast is a project of the Federalist Society for Law & Public Policy Studies. This audio broadcast series provides expert commentary on U.S. Supreme Court cases as they are argued and issued. The Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. We hope these broadcasts, like all of our programming, will serve to stimulate discussion and further exchange regarding important current legal issues. View our entire SCOTUScast archive at http://www.federalistsociety.org/SCOTUScast
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The Federalist Society
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Latest episode
Apr 2, 2025
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Episodes
Whole Woman's Health v. Hellerstedt - Post-Decision SCOTUScast 12.07.2016 22:19
On June 27, 2016, the Supreme Court decided Whole Woman's Health v. Hellerstedt. Whole Woman’s Health and other Texas abortion providers sued Texas officials seeking declaratory and injunctive relief against a state law requiring that physicians who perform abortions have admitting privileges at a hospital within thirty miles of the location where the abortion is performed, and requiring that abor...
McDonnell v. United States - Post-Decision SCOTUScast 12.07.2016 16:51
On June 27, 2016, the Supreme Court decided McDonnell v. United States. Robert F. McDonnell, former Governor of Virginia, was convicted in a jury trial of eleven counts of corruption. During the trial prosecutors sought to prove that McDonnell and his wife Maureen, while he was Governor, accepted money and lavish gifts in exchange for efforts to assist a Virginia company in securing state universi...
Fisher v. Univ. of Texas at Austin - Post-Decision SCOTUScast 12.07.2016 10:55
On June 23, 2016, the Supreme Court decided Fisher v. Univ. of Texas at Austin. This is the second time the case has come before the high court. Abigail Fisher, a white female, applied for admission to the University of Texas at Austin (the University) but was denied. Fisher sued the University and argued that the use of race as a consideration in the admissions process violated the Equal Protecti...
RJR Nabisco, Inc. v. The European Community - Post-Decision SCOTUScast 12.07.2016 12:42
On June 20, 2016, the Supreme Court decided RJR Nabisco, Inc. v. The European Community. The European Community and 26 of its member states sued RJR Nabisco (RJR) in the U.S. District Court for the Eastern District of New York, alleging that RJR conducted a global money-laundering enterprise in violation of several laws, including the Racketeer Influenced and Corrupt Organizations Act (RICO), a fe...
Gobeille v. Liberty Mutual Insurance Company - Post-Decision SCOTUScast 12.07.2016 16:09
On March 1, 2016, the Supreme Court decided Gobeille v. Liberty Mutual Insurance Company. -- Liberty Mutual Insurance Company (Liberty Mutual) operates a self-insured employee health plan through a third-party administrator. Vermont state law requires such plans to file with the State reports concerning claims data and certain other information. When Vermont subpoenaed claims data from Liberty Mut...
Halo Electronics v. Pulse Electronics - Post-Decision SCOTUScast 12.07.2016 11:41
On June 13, 2016, the Supreme Court decided Halo Electronics v. Pulse Electronics, which was consolidated with Stryker Corp. v. Zimmer. Both of these cases involved claims of patent infringement relating to the sale or marketing of various inventions. Both also involved a determination by the U.S. Court of Appeals for the Federal Circuit that an award of enhanced damages for infringement under 35...
Bernard v. Minnesota - Post-Argument SCOTUScast 16.06.2016 14:27
On April 20, 2016, the Supreme Court heard oral argument in Bernard v. Minnesota, which was consolidated with Birchfield v. North Dakota and Beylund v. Levi. -- In Bernard, William Robert Bernard, Jr., admitted he had been drinking, but he denied driving his truck and refused to perform a field sobriety test. He was arrested on suspicion of driving while impaired and taken to the police station, w...
CRST Van Expedited, Inc. v. EEOC - Post-Decision SCOTUScast 16.06.2016 8:32
On May 19, 2016, the Supreme Court decided CRST Van Expedited, Inc. v. EEOC. In 2007, the Equal Employment Opportunity Commission (EEOC) filed a sexual harassment suit against CRST Van Expedited (CRST) on behalf of approximately 270 female employees. When a number failed to appear for depositions, however, the district court barred the EEOC from pursuing their claims as a discovery sanction. The r...
Simmons v. Himmelreich - Post-Decision SCOTUScast 15.06.2016 7:44
On June 6, 2016, the Supreme Court decided Simmons v. Himmelreich. This case arose out of lawsuits filed by federal prisoner Walter Himmelreich after he was assaulted by a fellow prisoner. Himmelreich’s initial lawsuit, filed against the United States, was ultimately dismissed pursuant to an exception under the Federal Tort Claims Act (FTCA) for certain discretionary actions by prison officials. W...
Williams v. Pennsylvania - Post-Decision SCOTUScast 15.06.2016 13:46
On June 9, 2016, the Supreme Court decided Williams v. Pennsylvania. Terrance Williams was convicted and sentenced to death for the robbery and murder of Amos Norwood. The Supreme Court of Pennsylvania affirmed Williams’ conviction and sentence, and his initial attempts to obtain state postconviction relief failed. His subsequent petition for federal habeas relief also failed. He again sought post...
Wittman v. Personhuballah - Post-Decision SCOTUScast 15.06.2016 7:20
On May 23, 2016, the Supreme Court decided Wittman v. Personhuballah. In 2012, the Virginia State Legislature adopted a redistricting plan that altered the composition of the Third Congressional District by increasing the percentage of African-American voters in the district. In 2013, a number of Third District residents sued state election officials, arguing that the District was racially gerryma...
Sturgeon v. Frost - Post-Decision SCOTUScast 02.06.2016 14:18
On March 22, 2016, the Supreme Court decided Sturgeon v. Frost. Sturgeon challenged a National Park Service (NPS) ban on the operation of hovercraft on the National River, part of which falls within the Yukon-Charley River National Preserve. The State of Alaska then intervened, challenging NPS’s authority to require its researchers to obtain a permit before engaging in studies of chum and sockeye...
Husky International Electronics, Inc. v. Ritz - Post-Decision SCOTUScast 02.06.2016 10:36
On May 16, 2016, the Supreme Court decided Husky International Electronics, Inc. v. Ritz. Between 2003 and 2007 Husky International Electronics sold and delivered electronic device components worth more than $160,000 to Chrysalis Manufacturing Corp. Chrysalis, then under the financial control of Daniel Ritz, failed to pay for the goods and Ritz encouraged the transfer of funds from Chrysalis to va...
Sheriff v. Gillie - Post-Decision SCOTUScast 01.06.2016 19:13
On May 16, 2016, the Supreme Court decided Sheriff v. Gillie. This case involves litigation between debtors to Ohio institutions and special counsel who sought to collect money owed to the institutions. Two questions were before the Supreme Court: (1) Do special counsel appointed by Ohio’s Attorney General qualify as “state officers” exempt from the Fair Debt Collection Practices Act’s (FDCPA) gov...
Woods v. Etherton - Post-Decision SCOTUScast 31.05.2016 8:47
On April 4, 2016, the Supreme Court decided Woods v. Etherton without oral argument. -- Timothy Etherton was convicted in Michigan state court of possession with intent to distribute cocaine, and the conviction was affirmed on direct appeal. His efforts to obtain post-conviction relief in state court--which related to his lawyer’s failure to raise a Confrontation Clause objection to the admission...
Zubik v. Burwell - Post-Decision SCOTUScast 23.05.2016 20:17
On May 16, 2016, the Supreme Court decided Zubik v. Burwell, the lead case in a consolidated series, with the other petitioners including Priests for Life, Southern Nazarene University, Geneva College, Roman Catholic Archbishop of Washington, East Texas Baptist University, and Little Sisters of the Poor Home for the Aged. The Patient Protection and Affordable Care Act of 2010 (ACA) requires that g...
Heffernan v. City of Paterson - Post-Decision SCOTUScast 17.05.2016 5:22
On April 26, 2016, the Supreme Court decided Heffernan v. City of Paterson. Jeffrey Heffernan was a police officer for the City of Paterson, New Jersey. A fellow police officer observed Heffernan picking up a campaign sign for the mayoral candidate running against the incumbent. Although Heffernan disclaimed any political motives and said he was merely picking the sign up for his mother, his super...
Hughes v. Talen Energy Marketing - Post-Decision SCOTUScast 16.05.2016 9:06
On April 19, 2016, the Supreme Court decided Hughes v. Talen Energy Marketing and several consolidated companion cases. The Court considered whether Maryland encroached on the Federal Energy Regulatory Commission’s (FERC) rate-setting power when directing its local electricity distribution companies, via a “Generation Order,” to enter into a fixed-rate contract with an energy provider selected thr...
Bank Markazi v. Peterson - Post-Decision SCOTUScast 16.05.2016 16:32
On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson. The Iran Threat Reduction and Syria Human Rights Act of 2012 makes a designated set of assets available to satisfy the judgments gained in separate actions by victims of terrorist acts sponsored by Iran. Section 8772(a)(2) of the statute requires a court, before allowing execution against these assets, to determine, inter alia,...
Ocasio v. United States - Post-Decision SCOTUScast 16.05.2016 15:59
On May 2, 2016, the Supreme Court decided Ocasio v. United States. Former police officer Samuel Ocasio challenged his conviction under the Hobbs Act for conspiracy to commit extortion, which arose from an alleged kickback scheme under which police officers funneled wrecked automobiles to a particular repair shop in exchange for monetary payments. He was charged with obtaining money from the shop o...
Evenwel v. Abbott - Post-Decision SCOTUScast 16.05.2016 21:45
On April 4, 2016, the Supreme Court decided Evenwel v. Abbott. As required by the Texas Constitution, the Texas legislature reapportioned its senate districts after the publication of the 2010 census, formally adopting an interim plan that had been put in place for the 2012 primaries. Plaintiffs, who are registered Texas voters, sued the Texas governor and secretary of state, asserting that the re...
McDonnell v. United States - Post-Argument SCOTUScast 13.05.2016 17:24
On April 27, 2016, the Supreme Court heard oral argument in McDonnell v. United States. Robert F. McDonnell, former Governor of Virginia, was convicted in a jury trial of eleven counts of corruption. During the trial, prosecutors sought to prove that McDonnell and his wife Maureen while he was Governor, accepted money and lavish gifts in exchange for efforts to assist a Virginia company in securin...
United States v. Texas - Post-Argument SCOTUScast 12.05.2016 12:58
On April 18, 2016, the Supreme Court heard oral arguments in United States v. Texas. This case relates back to the Department of Homeland Security’s (DHS) 2012 Deferred Action for Childhood Arrivals (DACA) program, which set forth special criteria to direct how DHS should exercise prosecutorial discretion in enforcing federal immigration laws against certain young persons. In 2014 DHS issued a mem...
Cuozzo Speed Technologies, LLC v. Lee - Post-Argument SCOTUScast 12.05.2016 12:11
On April 25, 2016, the Supreme Court heard oral arguments in Cuozzo Speed Technologies, LLC v. Lee. In 2011 the America Invents Act created an expedited procedure, known as inter partes review, to provide a cost-effective alternative to litigation for resolving certain challenges to patent validity. The Patent Trial and Appeal Board, contained within the U.S. Patent and Trademark Office (PTO), hea...
Kirtsaeng v. John Wiley & Sons - Post-Argument SCOTUScast 12.05.2016 9:23
On April 25, 2016, the Supreme Court heard oral arguments in Kirtsaeng v. John Wiley & Sons. Academic textbook publisher John Wiley & Sons, Inc. (Wiley) owns the American copyright for textbooks and often assigns its rights to its foreign subsidiaries to publish, print, and sell its textbooks abroad. Supap Kirtsaeng, a Thai citizen who came to the United States in 1997 to study mathematics, asked...
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