Cases and Controversies

Transgender rights suffered a major loss at the US Supreme Court after its opinion in the Skrmetti case. But some advocates for transgender rights found reasons within the opinion to believe their cause might fare better in future cases. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler get into the details of this opinion on the latest episode of their podcast. They also talk about the other opinions we got from the court this week, including one in which Justice Ketanji Brown Jackson issued an impassioned dissent on the issue of standing. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court is chipping away at the mound of argued cases it has to decide before the justices break for summer. The court has 21 cases left after releasing its latest batch of opinions. Those included a unanimous decision that revived a lawsuit brought by a family against the government after the FBI mistakenly raided their Atlanta home. Disputes over a Tennessee ban on gender affirming care for transgender minors and nationwide injunctions against President Donald Trump's effort to restrict automatic birthright citizenship are pending potential blockbusters. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler talk about the court's recent rulings, a software malfunction at the court that could have been problematic, and the emergency requests from the Trump administration that could keep the justices busy well into the summer months. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The justices have already had a deluge of emergency requests from the Trump administration, and another is likely to land before them soon involving the president's tariffs. Lower courts have temporarily ruled against the tariffs using doctrines recently revived by the Supreme Court's conservative majority to frustrate policies of Democratic administrations. The Trump administration has signaled it will bring the case to the high court. Cases and Controversies hosts Kimberly Robinson and Greg Stohr discuss those cases as well as other actions by the court. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court's long-awaited order over the president's firing of Democratic members of independent agencies is puzzling, according to the lawyer representing one of the fired individuals. Gupta Wessler founder Deepak Gupta joins Cases and Controversies hosts Kimberly Robinson and Greg Stohr to discuss what the divided court did and did not do in allowing the administration to move forward with the firings. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The practicalities of birthright citizenship being restricted in some states but not others appeared to be a concern of key justices on the US Supreme Court. President Donald Trump has asked the justices to narrow lower court rulings that blocked his executive order limiting automatic citizenship to babies born with at least one parent who's a citizen or permanent resident. Cases and Controversies hosts Greg Stohr and Lydia Wheeler discuss Thursday's arguments and highlight the exchanges that seemed to show the justices are wary of letting Trump start enforcing his restrictions. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court will sit for a special session May 15 to hear a challenge to President Donald Trump's birthright citizenship order. The merits, however, are not before justices at this time. Instead, the court will consider the scope of relief temporarily available to the parties, and in particular whether federal district courts can enjoin a policy nationwide as to all persons affected. Joining Cases and Controversies hosts Kimberly Robinson and Greg Stohr is University of Virginia law professor Amanda Frost, a leading expert on both birthright citizenship and so-called nationwide injunctions. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court heard the last in a trio of cases over religious rights with the justices appearing to split long largely ideological lines. During arguments April 30 in Oklahoma Statewide Charter School Board v. Drummond, the justices considered a virtual school's bid to become the nation's first religious charter school. Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson say the case seems to turn on Chief Justice John Roberts. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

US Supreme Court justices spent a lot of time last week discussing the meaning of LGBTQ-themed books that parents in a Maryland public school district say interfere with the religious rearing of their children. One book, “Uncle Bobby's Wedding,” was a focal point of the April 22 arguments in Mahmoud v. Taylor. The justices questioned whether mere exposure to things a parent disagrees with burdens their religious rights. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler take listeners through the proceedings and why they signal the parents are likely to win this case against books Montgomery County Public Schools say are meant to foster mutual respect for others in a pluralistic educational community. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

Obamacare is back before the Supreme Court in a challenge to its no-cost coverage requirements for certain preventive health services. The justices will weigh the constitutionality of the US Preventive Services Task Force, which recommends the tests and treatments insurers should cover, when they return to the bench on Monday for the April sitting. If the lower court's decision is upheld, "it is possible, given the posture of the case, that over 150 million Americans lose free coverage of hundreds of benefits," said Sara Rosenbaum, an emerita professor of health law and policy at George Washington University. Rosenbaum joins Cases and Controversies hosts Greg Stohr and Lydia Wheeler to talk about why the case is more about power than it is public health and what's at stake if the court does away with the insurance coverage that's caught in its crosshairs. Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

The US Supreme Court's attempt to avoid a confrontation with President Donald Trump has real world costs, said Georgetown Law professor Stephen Vladeck. Vladeck spoke with Cases and Controversies hosts Kimberly Robinson and Greg Stohr about the flurry of recent rulings from the justices in emergency requests involving the administration's policies. The majority of the justices have been careful not to be overly critical of the president and have at times granted him "modest procedural wins," Vladeck said. But those efforts have real world costs, he added. Vladeck pointed to the court's recent action, lifting a temporary pause on the deportation of alleged Venezuelan gang members. "The question is, how long can the justices get away with walking this tightrope before they're actually sacrificing too much in the name of not unduly provoking the confrontation with Trump," Vladeck said. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

Supreme Court justices from across the ideological spectrum appeared ready to side with a religious group seeking an unemployment tax exemption, in the first of three church-state disputes on tap in coming weeks. "I thought it was pretty fundamental that we don't treat some religions better than other religions," Justice Elena Kagan said. "And we certainly don't do it based on the content of the religious doctrine that those religions preach." Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down arguments in Catholic Charities Bureau v. Wisconsin Labor & Indus., and take a look of some of the court's recent opinions. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The federal government appeared likely to win a high-stakes appeal over a multibillion-dollar telecommunications fund while securing a win on Biden-era regulations on build-at-home "ghost guns." Several justices during arguments March 26 in FCC v. Consumers' Research, appeared hesitant to reinvigorate the so-called nondelegation doctrine to strike down the Universal Service Fund. The fund is intended to increase broadband access to rural and low income areas. Hosts Greg Stohr and Kimberly Robinson also discuss the court's 7-2 'ghost gun' ruling where liberal justices were joined in the majority by Chief Justice John Roberts and conservatives Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The hosts also highlight the upcoming argument in Medina v. Planned Parenthood, a case about South Carolina's decision to remove Planned Parenthood from its Medicaid program. - Produced by David Schultz

The Supreme Court will consider a case at the end of March that could limit Congress' ability to let federal regulators determine what public health and safety standards are necessary. Depending on what the court decides, any statute that grants discretion to an agency could be open for re-review, said Jessica Ellsworth, a partner at Hogan Lovells. "There's probably hundreds of thousands of places in the US code that there are terms used like 'in the public interest,' whether something is 'necessary' and 'appropriate,' whether something is 'reasonable,' whether something is 'fair' or 'unfair,' whether it's 'essential,'" she said. Ellsworth joins Cases and Controversies hosts Greg Stohr and Lydia Wheeler to discuss the nondelegation doctrine and how this legal principle, which the court has been asked to revive, could impact the federal telecom subsidy program at issue and other regulations more broadly. The hosts also chat about a social media post from President Donald Trump that garnered a rare response from Chief Justice John Roberts. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

After a slow start, Supreme Court justices will hear consequential disputes as they head into second half of the term. "This might be the eye in the storm that this was kind of a bit of a slower term," said Goodwin partner Brian Burgess. "There's some big, big cases ahead." Burgess highlights cases involving religious rights, Obamacare, and forum shopping with Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

A fight over plans for a privately owned nuclear waste storage facility in Texas seemed to divide the US Supreme Court as the justices wrestled with a federal agency's regulatory authority and who can challenge it. Cases and Controversies hosts Greg Stohr and Lydia Wheeler unpack Wednesday's arguments in the dispute over a Nuclear Regulatory Commission license that would have moved as much as 40,000 tons of spent nuclear fuel to a privately owned facility. The US Court of Appeals for the Fifth Circuit ruled the agency didn't have the authority to grant the license after Texas and neighboring landowners challenged it in court. It's unclear if the court will affirm that ruling. A decision is due by the end of June or early July. The hosts also chat about the most significant ruling to come from the Supreme Court so far in litigation against actions President Donald Trump has taken since returning to office. A divided court rejected his request to toss out a district court order that forced him to pay $2 billion in federal foreign aid. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The US Supreme Court hears argument March 4 in a case over gun industry protections from lawsuits. The dispute involving Mexico and Smith & Wesson Brands Inc. centers on whether exceptions to the 2005 Protection of Lawful Commerce in Arms Act open manufacturers to court challenges. Mexico alleges gunmakers intentionally trade with suppliers for drug cartels and the law allows suits when industry knowingly violates firearms laws in a way that causes injury. Industry says it's shielded, but the Boston-based US Court of Appeals for the First Circuit has said not so fast. Cases and Controversies discusses the case with Georgia State law professor Timothy Lytton. He's filed a brief on behalf of neither party advocating for one of the law's exceptions opening gunmakers to potential liability. Hosts: Kimberly Robinson and Greg Stohr Producer: Mo Barrow Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court- has been pulled into its first dispute over a Trump administration action with more cases likely coming its way. Acting Solicitor General Sarah Harris asked the justices in an emergency request to toss out a temporary restraining order that stopped President Donald Trump from firing the head of the US Office of Special Counsel. Lower courts have issued TROs in response to Trump's executive actions now testing presidential authority to reshape the federal workforce, government spending, and citizenship rights. Thomas Berry, the director of the Center for Constitutional Studies at the libertarian Cato Institute, joins Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler to discuss the first case before the high court. Guest: Thomas Berry, Cato Institute Hosts: Kimberly Robinson and Lydia Wheeler Producer: Mo Barrow Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

The US Supreme Court is confronting the stark reality that, unlike the other two branches of government, the court has no real power to enforce its decisions. Should someone — whether government official or private citizen — refuse to comply, the justices have no army or constitutional spending power to use as a cudgel, Bloomberg Supreme Court reporter Greg Stohr writes in a new longform essay. That age-old quandary is becoming newly relevant as Donald Trump tries to bulldoze his way through longstanding legal constraints in the opening weeks of his second term as president. As lawsuits over birthright citizenship, spending cuts, and workforce purges make their way to the high court, the cases carry the potential for a genuine constitutional crisis. What happens, Chief Justice John Roberts must ask himself, if Trump loses and then defies the court? A lawsuit filed in 1801 when the Supreme Court was an untested institution posed a similar dilemma for Chief Justice John Marshall — and more recently, danger signs have been growing. Article by Greg Stohr read by Catherine Vassilopolos Do you have feedback on Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690

The US Supreme Court will hear arguments in a reverse discrimination case when the justices return to the bench at the end of the month.  A heterosexual woman is asking the court to revive her lawsuit against the Ohio Department of Youth Services where she's worked since 2004 after the US Court of Appeals for the Sixth Circuit said she hadn't shown the "background circumstances" necessary to take her case to trial. The court didn't just ask for a little bit more evidence, it asked for a lot more, said Xiao Wang, director of the University of Virginia's Supreme Court Litigation Clinic, who's representing Marlean Ames in her case. Wang and co-counsel Edward Gilbert join Cases and Controversies to discuss the case and what's at stake. Hosts Greg Stohr and Lydia Wheeler also chat about Trump's impending trade war and look at the legal doctrine that could stand in the way of his planned tariffs on China, Mexico, and Canada.  Hosts: Lydia Wheeler and Greg Stohr Produce: Mo Barrow Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

President Donald Trump's executive orders have sparked a flurry of legal challenges that tee-up constitutional questions about the breadth of executive power the US Supreme Court may be forced to settle. Daniel Cotter, a partner at Dickinson Wright who writes a column on the Supreme Court for the Chicago Daily Law Bulletin, joins Cases and Controversies to talk about which disputes could get Supreme Court review. Hosts Greg Stohr and Lydia Wheeler also chat about new cases the justices tacked on to the term, including one over a taxpayer-funded religious charter school in Oklahoma, and discuss why those challenges may not actually increase the court's workload. Hosts: Greg Stohr and Lydia Wheeler Guest: Daniel Cotter, of Dickinson Wright PLLC Produce: Mo Barrow Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690

Supreme Court justices seemed to agree courts should look at the totality of circumstances when analyzing whether a police officer's use of deadly force was reasonable. During arguments Wednesday, the US Supreme Court appeared ready to rule the US Court of Appeals for the Fifth Circuit had used the wrong test when it considered the claims of a mother who argues a Texas police officer unjustly shot and killed her son during a traffic stop in 2016. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler discuss the arguments in that dispute over the officer's use of deadly force and the likelihood of a future Supreme Court case over President Donald Trump's executive order on birthright citizenship. The order, which deems denies automatic citizenship to children born of immigrants in the US, was temporarily blocked by a federal judge on Thursday. Hosts: Kimberly Robinson and Lydia Wheeler Producer: Mo Barrow Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690

Several justices on the Supreme Court seemed eager this week to debate the constitutionality of a Texas law that requires porn sites to verify the age of users to keep kids from viewing obscene content online. But the court was only asked in the case argued Wednesday to answer whether the US Court of Appeals for the Fifth Circuit applied the correct standard when assessing whether the law violated the free speech rights of adults. “I don't know if there is going to be sufficient alignment on how to get to the answers here,” said Mark Brennan, who works with a variety of companies in the online space as a partner at Hogan Lovells. Brennan joins “Cases and Controversies” hosts Kimberly Robinson and Lydia Wheeler to discuss Wednesday's argument. They also break down the court's decisions earlier this week in disputes over fancy dog food and federal overtime rules. Hosts: Kimberly Robinson and Lydia Wheeler Producer: Mo Barrow Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

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, is necessary for national security. But the social media site and its users say its censorship. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 an expedited appeal over the social media platform TikTok to another case that could cut back the power of administrative agencies. Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

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 potential effects of new projects. Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

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 v. Skrmetti. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler take listeners through the arguments in the Biden administration's fight against Tennessee's ban on hormone treatments and puberty blockers for transgender minors and what the justices' questions, or lack thereof, signal for the outcome of the case. Hosts: Lydia Wheeler and Kimberly Robinson Producer: Mo Barrow Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.

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 Circuit decision to set aside the Food and Drug Administration's orders denying their approval. Typically, the court doesn't agree to hear a case "to pat the lower court on the head and say, 'Really good job,'" said Carter Phillips, a partner at Sidley Austin who's argued 90 cases before the justices. But, he said, "this is a court that is much more skeptical of agency decision-making than the court has ever been, at least in the time that I've been practicing before it." Phillips joins “Cases and Controversies” hosts Greg Stohr and Lydia Wheeler to talk about the case and why his client, the nonprofit Global Action to End Smoking Inc., is supporting neither side in this dispute,. Guest: Carter Phillips, Sidley Austin LLP Hosts: Greg Stohr and Lydia Wheeler Producer: Mo Barrow Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 revenue. In the criminal case, the justices described the argument that an attempted murder-for-hire scheme isn't a crime of violence as "absurd." But they found similar irrationality in the government's argument on the other side. And finally, the justices similarly struggled over whether to give immigrants who voluntarily agree to leave the country more flexibility to appeal their deportation. Cases and Controversies hosts Kimberly Robinson and Greg Stohr breakdown the justices' concerns in the latest episode. Hosts: Kimberly Robinson and Lydia Wheeler. Producer: Mo Barrow. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 hypothetical risk at a time when Meta already knew that that political consulting firm had accessed information on 30 million users. "Cases and Controversies" hosts Kimberly Robinson and Lydia Wheeler break down the Nov. 6 arguments. They explain how the justices searched for the proper line to draw and ultimately questioned whether they should be the ones to do so. Why "does the judiciary have to walk the plank on this?” Justice Brett Kavanaugh asked. Hosts: Kimberly Robinson and Lydia Wheeler. Producer: Mo Barrow. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 for Justice. Wolf joins “Cases and Controversies” hosts Kimberly Robinson and Lydia Wheeler to talk about when the government has flipped positions in the past and what could happen to current cases that could be targeted this term by a Trump administration. Hosts: Kimberly Robinson and Lydia Wheeler. Guest: Thomas Wolf, Brennan Center for Justice. Producer: Mo Barrow. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 get his take on what would make high court intervention unlikely and what scenario might trigger a review.

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 criminal law, but it allows people to bring a civil suit to get three times their damages and attorneys' fees if their "business or property" is hurt by a criminal enterprise. The manufacturers of the CBD product say the truck driver in this case suffered a personal injury not an injury to his business or property and can't sue them under the law. Cases and Controversies hosts Greg Stohr and Lydia Wheeler look at the arguments and try to figure out where the justices might come down on this dispute. Hosts: Greg Stohr and Lydia Wheeler Producer: David Schultz and Mo Barrow Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 arguments Oct. 9 shows the steep climb capital defendants have a the Supreme Court. Cases and Controversies hosts Kimberly Robinson and Greg Stohr run through the arguments and the hurdles that Glossip must clear. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 teamed up in Lackey v. Stinnie. The justices will consider whether a preliminary injunction is enough of a victory to support an award of attorneys' fees under a statute intended to encourage lawyers to take civil rights cases and deter “bad actors.” The case to be argued Oct. 8 pits civil rights groups against government officials and entities who are the targets of these suits. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 the Supreme Court's docket,” said Kannon Shanmugam, chair of the Supreme Court and appellate litigation practice at Paul Weiss. Shanmugam joins “Cases and Controversies” to discuss the court's term and the more notable issues the justices will consider, including a challenge to a Tennessee law that bans health-care providers from prescribing puberty blockers or hormones to transgender minors. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 official acts and gave businesses the ability to challenge regulations long after they've been finalized.  Cases and Controversies hosts unpack those decisions and discuss how the justices declined to rule on the constitutionality of state laws out of Florida and Texas that tried to regulate some of the largest social media platforms. They also look at how the justices voted this term and whether they issue unanimous rulings more often not, as many have claimed in public appearances.  Hosts: Kimberly Robinson and Lydia Wheeler Producer: Matthew Schwartz

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's bid for immunity from criminal prosecution are expected. The latest episode of Cases and Controversies unwraps all the latest action from the court and looks ahead to the final round of decisions. Hosts: Kimberly Robinson and Lydia Wheeler Producer: Matthew S. Schwartz

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 possessing a gun. Cases and Controversies will cover separate writings that came from seven of the nine justices in the Rahimi gun rights case and how the justices show deep disagreement over the court's use of history and tradition to decide constitutional questions. The episode also digs into other decisions, including a 6-3 ruling that involved marital rights in immigration, and will cover new cases coming up next term. Hosts: Kimberly Robinson and Lydia Wheeler Producer: Matthew S. Schwartz

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 dispute involving former President Donald Trump. Last week's rulings brought the total number of cases decided for the term to 38, meaning there are 23 left to do before the justices wrap up for the summer. Hosts: Kimberly Robinson and Lydia Wheeler Producer: Matthew S. Schwartz

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” hosts run through what's ahead in the court's final weeks, discuss Justice Samuel Alito's flag flap, and recap big decisions released so far, including one that saved the Consumer Financial Protection Bureau. Hosts: Kimberly Robinson and Lydia Wheeler Producer: Matthew S. Schwartz  

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 uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators? This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. Episode one examines how large language models actually ingest and learn from billions of online data points, including copyrighted works. And we explore the lawsuits filed by creators who claim their copyrights were exploited without permission to feed the data-hungry algorithms powering tools like ChatGPT. If you like this episode and want to hear part 2, visit news.bloomberglaw.com/podcasts, or search for UnCommon Law in your podcast app. Guests: Matthew Butterick, founder at Butterick Law, and co-counsel with the Joseph Saveri Law Firm on class-action lawsuits against OpenAI and others Isaiah Poritz, technology reporter for Bloomberg Law James Grimmelmann, professor of digital and information law at Cornell Tech and Cornell Law School

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 supporters. Cases and Controversies hosts run through the lively and, at times, surprising arguments in Trump's appeal, and discuss how the court's decision could delay any future trial until after the November election. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 to explain why Idaho says its state law requires an abortion only when necessary to save the mother's life. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 something the court's pulled back on in recent terms. Bloomberg Law judiciary reporter Suzanne Monyak joins Cases and Controversies to discuss the implications for Jan. 6 defendants, federal courts, and Trump, whose bid for immunity from criminal prosecution over alleged election interference will be heard April 25. Special Prosecutor Jack Smith has charged Trump under the same provision, which prohibits interference with an official proceeding. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 property. “This is the first case the Supreme Court has taken up on homelessness in 40 years,” said Antonia Fasanelli, the executive director of the National Homelessness Law Center. Fasanelli joins Cases and Controversies to discuss what's at stake in a case that raises an issue of national importance as cities try to find solutions to a rise in homelessness. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

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 whether the doctors could prevent access to the drug nationwide. They also discuss how the Supreme Court's action—or inaction—means South Carolina can use an unconstitutional voting map in the upcoming election. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Lower court rulings that largely halted Biden administration communication with social media companies to combat misinformation about Covid and the 2020 election faced skepticism from Supreme Court justices. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler break down the March 18 arguments in Murthy v. Missouri and NRA v. Vullo, a second First Amendment fight about alleged government censorship. They also discuss the legal whiplash over a Texas law that makes it a crime to illegally enter the US through the state. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Biden administration and others are asking the Supreme Court to weigh in on state bans on gender-affirming care for transgender kids despite its refusal to resolve related disputes over youth sports and student bathroom use. The ACLU's Li Nowlin-Sohl joins Cases and Controversies to discuss bans out of Kentucky, Tennessee, and Idaho pending before the court, and the chances that the justices will finally weigh in. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Headlines touting the Supreme Court's unanimous decision to keep Donald Trump on the Colorado presidential ballot obscured division among the justices over the Constitution's insurrection clause. UC Davis School of Law professor Ashutosh Bhagwat joins Cases and Controversies to explain what the justices did and didn't agree on March 4 regarding Section 3 of the 14th Amendment, and what that means for the November election. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

It was a big week at the Supreme Court with arguments over social media and guns, and a grant on Donald Trump's bid for immunity from prosecution over alleged election interference. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler detail arguments in Garland v. Cargill, the challenge to the federal government's ban on so-called bump stocks, and Moody v. NetChoice and NetChoice v. Paxton, challenging state laws that target social media companies. They also explain the court's decision to weigh into the criminal prosecution of Trump in Washington in the 2020 election case. Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690