What SCOTUS Wrote Us

I hope you will follow me to my Youtube channel where I will continue to offer free access to all 350+ past episodes and audio of future high-profile Supreme Court opinions.  www.whatSCOTUSwroteus.com

Listen to the unanimous opinion of the Supreme Court in Bissonnette v. LePage Bakeries Park St., LLC., decided April 12, 2024.   Listen to What SCOTUS Wrote Us wherever you get podcasts.

The unanimous opinion of the Supreme Court in Federal Bureau of Investigation v. Fikre, decided March 19, 2024.   Listen to What SCOTUS Wrote Us wherever you get podcasts.

The unanimous opinion of the Court in DeVillier v. Texas, decided April 16, 2024. Listen to What SCOTUS Wrote Us wherever you get podcasts.

I have something a little different for you today: since I often read documents from the Trump cases on the show, I thought my super nerds might be interested in hearing the audio from a guest lecture I gave last week summarizing the four Trump criminal cases at a Palomar College event held every semester called the Political Economy Days Lecture Series.  If you would like to watch a video version, click here.  

The unanimous opinion of the Supreme Court in MacQuarie Infrastructure Corporation, et al. v. Moab Partners, L.P., et al., decided April 12, 2024. The Court is asked whether the Second Circuit erred in holding-in conflict with the Third, Ninth, and Eleventh Circuits- that a failure to make a disclosure required under Item 303 can support a private claim under Section l0(b), even in the absence of an otherwise- misleading statement. Listen to What SCOTUS Wrote Us wherever you get podcasts.

Part 2 of 2 of the opinion of the Supreme Court in Pulsifer v. United States, decided March 15, 2024. https://www.supremecourt.gov/opinions/23pdf/22-340_p86a.pdf A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U. S. C. §3553(f)(1) only if the defendant satisfies each of the provision's three conditions. Listen to What SCOTUS Wrote Us wherever you get podcasts.

Part 1 of 2 of the opinion of the Supreme Court in Pulsifer v. United States, decided March 15, 2024. A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U. S. C. §3553(f)(1) only if the defendant satisfies each of the provision's three conditions. Listen to What SCOTUS Wrote Us wherever you get podcasts. WhatSCOTUSWroteUs.com

Today I'll be reading Special Counsel Jack Smith's Brief for the United States in Donald Trump v. United States (filed April 8, 2024) - the Supreme Court case in which Donald Trump asserts that presidents have absolute criminal immunity. The brief is 49 pages long, so I will be recording it in several segments. If you are interested in listening to the oral arguments in this case, they are scheduled to take place later this month on April 25th at 10 am eastern time. You can listen to the oral arguments as they happen on the Supreme Court website supremecourt.gov. Listen to What SCOTUS Wrote Us wherever you get podcasts.

Today I'll be reading Special Counsel Jack Smith's Brief for the United States in Donald Trump v. United States (filed April 8, 2024) - the Supreme Court case in which Donald Trump asserts that presidents have absolute criminal immunity.  If you are interested in listening to the oral arguments in this case, they are scheduled to take place later this month on April 25th at 10 am eastern time. You can listen to the oral arguments as they happen on the Supreme Court website supremecourt.gov. Listen to What SCOTUS Wrote Us wherever you get podcasts.  

Today I'll be reading Special Counsel Jack Smith's Brief for the United States in Donald Trump v. United States (filed April 8, 2024) - the Supreme Court case in which Donald Trump asserts that presidents have absolute criminal immunity. The brief is 49 pages long, so I will be recording it in several segments. If you are interested in listening to the oral arguments in this case, they are scheduled to take place later this month on April 25th at 10 am Eastern time. You can listen to the oral arguments as they happen on the supreme court website supremecourt.gov   Listen to What SCOTUS Wrote Us wherever you get podcasts. WhatSCOTUSWroteUs.com

Listen to Special Counsel Jack Smith's April 2, 2024 filing responding to Judge Cannon's order requiring preliminary proposed jury instructions and verdict forms on counts 1-32. If you need a quick explainer on the Presidential Records Act, check out mine.   Listen to What SCOTUS Wrote Us wherever you get podcasts. WhatSCOTUSWroteUs.com

Listen to Special Counsel Jack Smith's April 2, 2024 filing responding to Judge Cannon's order requiring preliminary proposed jury instructions and verdict forms on counts 1-32. If you need a quick explainer on the Presidential Records Act, check out mine.   Listen to What SCOTUS Wrote Us wherever you get podcasts. WhatSCOTUSWroteUs.com

When does a public official's social media activity constitute state action subject to the First Amendment? Listen to the unanimous opinion of the Supreme Court in Lindke v. Freed (March 15, 2024) and find out.   Listen to What SCOTUS Wrote Us wherever you get podcasts. WhatSCOTUSWroteUs.com

Today I'll be reading both concurring opinions (which read like dissents) in Donald J. Trump v. Norma Anderson et al., decided March 4, 2024. https://www.supremecourt.gov/opinions/23pdf/23-719_19m2.pdf

Today I'll be reading the per curiam opinion of the Court in Donald J. Trump v. Norma Anderson et al., decided March 4, 2024.  

Alito, joined by Thomas, dissenting from denial of certiorari in Coalition for TJ v. Fairfax County School Board, decided Feb 20, 2024.  

An update with critical commentary regarding today's order granting certiorari in Trump v. United States (from a very unhappy host).

Today I'll be reading the unanimous opinion of the Court in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, decided Feb 21, 2024.  

Justice Jackson delivered the opinion for a unanimous Court in McElrath v. Georgia (Feb 21, 2024)  

"Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct will be 'labeled as bigots and treated as such' by the government," wrote Justice Alito, in his statement explaining why he concurred in the denial of certiorari in Missouri Dept. of Corrections v. Finney (February 20, 2024). He made no comment about whether such religious beliefs might actually be bigoted.    

Justice Sotomayor, dissenting from the denial of application for stay and denial of certiorari in Smith v. Hamm (January 25, 2024).   Listen to What SCOTUS Wrote Us anywhere you get your podcasts

The brand-new, unanimous opinion of the Court in Dept. of Agriculture Rural Development Rural Housing Service v. Kirtz, decided February 8, 2024.   Listen to What SCOTUS Wrote Us anywhere you get your podcasts

Today I'll be reading the brand-new, unanimous opinion of the Court in Murray v. USB Securities (Feb 8, 2024) regarding the whistleblower provision of the Sarbanes-Oxley Act of 2002.   Listen to What SCOTUS Wrote Us anywhere you get your podcasts

Final episode for this opinion.   Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Next episode will be the last for this opinion.   Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity.  Note: These episodes may be a little shorter than usual, as I want to get them up ASAP.  Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity. Note: These episodes may be a little shorter than usual, as I want to get them up ASAP. Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity. Note: These episodes may be a little shorter than usual, as I want to get them up ASAP Listen to What SCOTUS Wrote Us anywhere you get your podcasts.  

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in U.S. v. Trump (the Jan 6th case), as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity.   Note: These episodes may be a little shorter than usual, as I want to get them up ASAP.   Listen to What SCOTUS Wrote Us anywhere you get your podcasts.    

Today I'll be reading the eagerly anticipated D.C. Circuit Court of Appeals decision in the Trump Jan 6th case, as I promised early last month when I read Judge Tanya Chutkin's memorandum opinion denying Donald Trump's motion to dismiss the case, claiming that presidents have blanket criminal immunity. Keep your eye out today for Part One!

Listen to the landmark Supreme Court opinion Brandenburg v. Ohio (1969) (Free Speech, KKK, Imminent Lawless Action Test)   Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Listen to the unanimous opinion of the Supreme Court in Packingham v. North Carolina (2017) Access this opinion and other helpful case information here.   Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

Over the next two episodes, I'll be reading two past opinions that will help us better understand two cases currently before the Court.  The past opinions are Garcetti v. Ceballos (2006) and Packingham v. North Carolina (2017). The two cases currently before the Court are Lindke v. Freed and O'Connor-Ratcliff v. Garnier; these two similar cases were granted cert on the same day and their oral arguments were both given on the same day - October 31, 2023. Today I'll be reading the opinion of the Court in Garcetti v. Ceballos (2006) Access this opinion and other helpful case information here.  Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events. As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time.    Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events. As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time.    Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events. As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time.    Listen to What SCOTUS Wrote Us anywhere you get your podcasts.

This is not the yet-to-be-issued D.C. Circuit Court of Appeals opinion regarding the Jan 6th criminal case against Donald Trump (although, I plan to read that opinion as soon as it is issued). Rather, it is in response to a claim of immunity made by Donald Trump in response to several civil suits brought against him for actions surrounding the events of January 6, 2021, consolidated as Blassingame v. Trump (Dec 1, 2023). This important circuit court opinion follows last week's reading of Nixon v. Fitzgerald perfectly; it provides a more thorough background on presidential immunity - a topic that is particularly relevant to current events. As soon as the Circuit Court issues an opinion on Judge Chutkin's ruling in the Jan 6th case, I will begin reading it for you. However, if the Court issues a new SCOTUS opinion in a case argued this term, it will take priority over reading any Circuit Court rulings issued at or around the same time.    Listen to What SCOTUS Wrote Us anywhere you get your podcasts.  

Today I'll be reading two very brief opinions dissenting from the denial of certiorari in Tingley v. Ferguson, issued back on December 11th, 2023. The first dissent is from Justice Thomas and is only around 4 pages long; the second is Justice Alito's dissent, which is only a few paragraphs long and is written as if it were meant to be read at the end of Thomas' dissent - so, that's what I'm going to do. Enjoy. https://www.supremecourt.gov/opinions/23pdf/22-942_kh6o.pdf Listen to What SCOTUS Wrote Us anywhere you get your podcasts, or stream directly from your browser at whatscotuswroteus.com

Listen to the majority opinion of the Supreme Court in Nixon v. Fitzgerald (1982) Access the text of the opinion and other essential case information here: https://www.oyez.org/cases/1981/79-1738   Listen to What SCOTUS Wrote Us anywhere you get your podcasts or stream directly from your browser at whatscotuswroteus.com

Listen to the majority opinion of the Supreme Court in Nixon v. Fitzgerald (1982) Access the text of the opinion and other essential case information here: https://www.oyez.org/cases/1981/79-1738 Listen to What SCOTUS Wrote Us anywhere you get your podcasts or stream directly from your browser at https://www.whatscotuswroteus.com

Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? Listen to the full opinion of the Supreme Court in Nixon v. United States (1974).  Listen to audio of Supreme Court opinions on What SCOTUS Wrote Us wherever you get your podcasts.  

Listen to U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals. United States District Court, District of Columbia Criminal Action No. 23-257 United States of America v. Donald J. Trump Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here: https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims  Listen to audio of Supreme Court opinions on What SCOTUS Wrote Us wherever you get your podcasts. https://www.whatscotuswroteus.com

Listen to U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals. United States District Court, District of Columbia Criminal Action No. 23-257 United States of America v. Donald J. Trump https://caselaw.findlaw.com/court/us-dis-crt-dis-col/115576644.html Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here: https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims Listen to audio of Supreme Court opinions on What SCOTUS Wrote Us wherever you get your podcasts. https://www.whatscotuswroteus.com

U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals. United States District Court, District of Columbia United States of America v. Donald J. Trump Criminal Action No. 23-257 Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here: https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims  

U.S. District Court Judge Tanya S. Chutkan's Memorandum Opinion in response to Donald Trump's motions to dismiss the charges against him based on Presidential immunity and constitutional grounds. Decided Dec 1, 2023. This is the ruling that is currently being considered by the U.S. Circuit Court of Appeals. United States District Court, District of Columbia United States of America v. Donald J. Trump Criminal Action No. 23-257   Access audio and transcript of arguments before the D.C. Circuit Court of Appeals in this week's hearing (Jan 9, 2024) here: https://www.c-span.org/video/?532581-1/district-columbia-circuit-court-oral-arguments-president-trumps-immunity-claims    

The Chief Justice's 2023 Year End Report on the Federal Judiciary If you would like to listen to this report from last year and the year before, you can find them in the show catalog by scrolling back to December 2022. Listen to What SCOTUS Wrote Us wherever you get your podcasts, or at www.whatscotuswroteus.com

Donald J. Trump v. Norma Anderson, et al., filed January 4, 2023.  

Today I'll be reading Donald Trump's petition for writ of certiorari regarding the Colorado Supreme Court's decision to exclude him from the Colorado primary election ballot - a petition that the Court recently granted. I know I still owe you all a second half to the Nixon opinion, but I've had a lot of listeners requesting to hear these documents, so I've made an executive decision to read them first. Donald J. Trump v. Norma Anderson, et al., filed January 4, 2023.  

Just  a one-minute update regarding some technical difficulties…

Is the President's right to safeguard certain information, using his "executive privilege" confidentiality power, entirely immune from judicial review? Listen to the opinion of the Supreme Court in Nixon v. United States (1974).   Listen to audio of Supreme Court opinions on What SCOTUS Wrote Us wherever you get your podcasts.