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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.
Carter Phillips, one of the most prolific U.S. Supreme Court advocates of our time, joins host Terri Mascherin to share insights into arguing before the nation's highest court. With 90 cases argued, Phillips discusses the impact of oral arguments versus briefs on case outcomes, the art of anticipating questions, and shifts in courtroom dynamics over the past four decades. Phillips also emphasizes the importance of rigorous writing and practical experience for those pursuing a path in appellate advocacy.
On January 17, 2024, the U.S. Supreme Court heard oral argument in two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. That decision produced what became known as the "Chevron judicial deference framework" - the two-step analysis that courts typically invoke when reviewing a federal agency's interpretation of a statute. This two-part episode repurposes our webinar held in February 2024 and brings together as our guests three renowned administrative law professors, Kent Barnett, Jack Beermann, and Craig Green, and a leading Supreme Court practitioner, Carter Phillips, all of whom are experts on Chevron. In Part II, our guests share their reactions to the oral arguments, including their views on what the Justices' questions and comments reveal about the Justices' thinking, their predictions for how the Court will rule, and potential implications of the Court's ruling on existing and future regulations. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, leads the discussion.
On January 17, 2024, the U.S. Supreme Court heard oral argument in two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. That decision produced what became known as the "Chevron judicial deference framework" - the two-step analysis that courts typically invoke when reviewing a federal agency's interpretation of a statute. This two-part episode repurposes our webinar held in February 2024 and brings together as our guests three renowned administrative law professors, Kent Barnett, Jack Beermann, and Craig Green, and a leading Supreme Court practitioner, Carter Phillips, all of whom are experts on Chevron. In Part I, we first review the Chevron decision and judicial deference framework and the background of the two cases now before the Supreme Court. We then look at the history of judicial review of agency action culminating with the current challenge to Chevron deference, including the origins of judicial deference to agency action, the political shift away from judicial deference, and key post-Chevron decisions. We conclude with a discussion of the principal arguments made to the Supreme Court for upholding Chevron and for overruling Chevron. Alan Kaplinsky, Senior Counsel in Ballard Spahr's Consumer Financial Services Group, leads the discussion.
Law360's Pro Say - News & Analysis on Law and the Legal Industry
The Supreme Court justices return to the bench on Monday for a new term that's shaping up to be an impactful one, with issues ranging from gun ownership rights in domestic violence cases, to the legality of administrative courts and the First Amendment implications of public officials blocking critics on social media. Let this episode of Pro Say be your guide for the term as we talk about all the major cases and storylines with special guest and prolific Supreme Court litigator Carter Phillips from Sidley Austin. Also this week, the Federal Trade Commission finally brings down the antitrust hammer on Amazon, and former President Donald Trump is found liable for fraud in a high-profile civil case brought by the New York attorney general.
This could be the most controversial United States Supreme Court term ever. After overturning Roe v. Wade, the court now considers more profound change in election law, affirmative action, and other regulations affecting businesses. As SCOTUS welcomes a new justice, it faces questions over its own legitimacy and how far the conservative majority will go. Join The Sidley Podcast host and Sidley partner, Sam Gandhi, as he speaks with two of the firm's experienced Supreme Court lawyers on these subjects — Carter Phillips and Kwaku Akowuah.Carter is a partner in Sidley's Supreme Court and Appellate practice. He `is one of the most experienced Supreme Court and appellate lawyers in the country. During his time with Sidley, Carter has argued 80 cases before the high court, more than any other lawyer in private practice. Prior to joining Sidley, Carter served as an Assistant to the Solicitor General. In that position, he argued nine cases before the Supreme Court on behalf of the U.S. government. In all, he has now made 89 oral arguments before the court and more than 145 before the U.S. Courts of Appeals. Kwaku is a co-leader of the firm's Supreme Court and Appellate practice. His work encompasses traditional appellate litigation, administrative law disputes, contract disputes, and pre-litigation counseling. Prior to joining Sidley, Kwaku served as a law clerk to Justice Stephen Breyer of the U.S. Supreme Court.Executive Producer: John Metaxas, WallStreetNorth Communications, Inc.
Dairy and apples and whiskey and wine. Many of our favorite things have turned in up cases involving the Commerce Clause at the Supreme Court. This term, the Court will consider whether a California law regulating the sale of pork violates that Clause. Some think the Court will strike California's pork ban down. Others wonder, based on recent dissents, whether the justices will use this opportunity to get rid of the "dormant Commerce Clause" doctrine altogether. Join the ladies as they take a romp from the 1780s to present day in search of the "dormant Commerce Clause," a phrase frequently invoked but not actually found anywhere in the Constitution.Thanks to our guests Barry Friedman, Carter Phillips, and Adi Dynar, and to Jenni Etimos for her rendition of "Free Market Favorite Things."Check out the full version of Gyu-Ho Lee's rock cover of "My Favorite Things": https://www.youtube.com/watch?v=kdRwBNkbLXsFollow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod Hosted on Acast. See acast.com/privacy for more information.
The composition of the Supreme Court has changed dramatically since Carter Phillips' first argument in 1982, but his preparation for his 89th argument next month will be largely the same. The Sidley Austin partner spoke to Law360's The Term this week on the lessons learned from his prolific career, and why he isn't surprised by his former colleague Justice Samuel Alito's rising profile on the nation's top court. Plus, a look at the latest election litigation on the justices' "shadow docket."
The Northwestern Intersections podcast joins the Northwestern Law Alumni Fireside Chat Event Series for a live interview with Phillips, one of the most experienced Supreme Court and appellate lawyers in the country, co-director of the Northwestern University Supreme Court Clinic and an adjunct professor at Northwestern Pritzker School of Law as well as a partner at Sidley Austin LLP. Phillips will share how his career trajectory started with ambitious clerkships, his most memorable cases, and his thoughts about how practicing in the Supreme Court has changed over the course of his tenure. Show notes: Northwestern Law Mentorship Program Northwestern Network Mentorship Program Affinity Learners and Leaders Mentorship Program
"Fabio Vieira is set to join Arsenal from Porto!" I'm joined by Albert Carter Phillips, co-host of the Long Ball Futebol Podcast, a weekly podcast about football in Portugal, to take a closer look at this young, exciting attacking midfielder.
Nine justices hold tremendous power. Advocates on the left see a Supreme Court out of touch with the electorate, obstructed by partisan interests, and rendered illegitimate by years of controversial appointments. But those opposed believe dramatically changing one of the three core pillars of American government would undermine the court's legitimacy. Intelligence Squared U.S. in partnership with The Newt and Jo Minow Debate Series at Northwestern Pritzker School of Law asks: Should we expand the Supreme Court? Arguing in favor of the motion is Dhalia Lithwick, legal commentator and Slate's Amicus podcast host with Tamara Brummer of advocacy group Demand Justice. Arguing against the motion is Carter Phillips, a Supreme Court and appellate litigator with Akhil Reed Amar, a constitutional law scholar and professor at Yale University. Emmy award-winning journalist John Donvan moderates. Learn more about your ad choices. Visit megaphone.fm/adchoices
Skylar Cranmer, the Carter Phillips and Sue Henry Professor of Political Science, researches network science, such as forecasting the evolution of complex networks or exploring whether brain scans can predict political partisanship. He joins host David Staley on this week's Voices of Excellence to discuss network science, which incorporates fields from political science to physics to mathematics to biology, among others.
Carter Phillips is stressed. She has to retake a math achievement exam to get a better grade, the pressure is on from her rich parents. But what if someone else takes it for her? What would she pay for that? But it quickly gets out of hand and leads to blackmail and, of course, eventually murder. But who know's Carter's secret? Come listen and find out and see who's blackmailing her, who's a murderer, and who's queer! --- Send in a voice message: https://anchor.fm/queerstreet/message
Under pressure to perform well on her math exam, Carter Phillips persuades math whiz Adam to take the test for her in exchange for one date, but one date is not enough for the dangerous young man.
ACLU National Legal Director David Cole discusses Trump’s interpretation of federalism during the pandemic. Sidley Executive Committee Chair Emeritus and Supreme Court veteran Carter Phillips discusses the challenges of arguing before the highest court by phone. Family Law attorney Marcy Newman analyzes custody issues during the Coronavirus. In the Legal Grab Bag, Abercrombie & Fitch […]
The 14th Amendment has been used to secure civil rights for a multitude of groups. But does it give children a constitutional right to literacy? Is it the government's responsibility to adequately fund schools, so students learn what they need to reach appropriate reading levels? In the Detroit public school system, it was recently found that only 7 percent of its 8th grade students were proficient in reading. So in 2016, a group of lawyers filed a federal civil rights claim against the city’s school system. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward discusses the lawsuit with Carter Phillips, one of the attorneys representing the plaintiffs. Special thanks to our sponsors Amicus Attorney.
The 14th Amendment has been used to secure civil rights for a multitude of groups. But does it give children a constitutional right to literacy? Is it the government's responsibility to adequately fund schools, so students learn what they need to reach appropriate reading levels? In the Detroit public school system, it was recently found that only 7 percent of its 8th grade students were proficient in reading. So in 2016, a group of lawyers filed a federal civil rights claim against the city’s school system. In this episode of Asked and Answered, the ABA Journal's Stephanie Francis Ward discusses the lawsuit with Carter Phillips, one of the attorneys representing the plaintiffs. Special thanks to our sponsors Amicus Attorney.
The Supreme Court has faced a whirlwind of change and controversy over the last year, first with the death of Justice Scalia and then with election of President Trump and the actions of his Administration. In this episode of Planet Lex, host Daniel Rodriguez talks to Carter Phillips about the current state of the Supreme Court in 2017. Their discussion includes President Trump’s nomination of Neil Gorsuch, the Democrat Party opposition during this process, and the consequences of the nuclear option, whether it’s used or not. They conclude the episode with a brief discussion of the textbook Phillips co-authored with Northwestern Law faculty, Advanced Appellate Advocacy. Carter G. Phillips is the chair of Sidley Austin LLP’s Executive Committee and was the managing partner of its Washington, D.C. office from 1995 to 2012. He has argued 75 cases before the Supreme Court since joining Sidley, more than any other lawyer while in private practice.
Dahlia speaks with Carter Phillips, the lawyer who represented Tyson Foods at the Supreme Court this week in Tyson's attempt to dismiss a class action suit by its workers. She also considers the love-hate relationship between presidential hopefuls and the high court. Please let us know what you think of Amicus. Our email is amicus@slate.com.Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off the original price if you visit TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down the big headlines for the local threads that tie them all together. It’s the Rachel Maddow Show … covering America one story at time. Weeknights at 9 Eastern only on MSNBC.Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices