Podcast appearances and mentions of Jon O Newman

After a quick check on the Nina Totenberg embargo kerfuffle and one more revelation from Justice Thomas's memoir, we devote the episode to Chatrie v. United States, the Court's first major Fourth Amendment decision in years. We trace how the geofence-warrant ruling builds on — and goes beyond — Katz, United States v. Jones, and Carpenter v. United States, and what's left of the third-party doctrine and the mosaic theory. Will explains the positive law model of the Fourth Amendment; Dan tries to claim Justice Gorsuch's separate opinion for his general-law approach. We close with the dissents, the advisory-opinion objection, and whether the Court should be saying more about the Fourth Amendment or less about everything. Along the way: Venmo heroin deals, smart microwaves, whether Will has genuinely forgotten his passcode, and a field-trip assignment for Chicagoland listeners.Highlights[00:00:21] Cold open: three recording sessions in three days, and the theories swirling around the Nina Totenberg screw-up[00:02:04] Justice Alito's embargo story: the press-room idea he liked until he learned they have to let the journalists out of the room[00:03:04] My Grandfather's Son follow-up: Justice Thomas's over-cautious marijuana confession[00:04:35] Cleanup-order watch: GVRs still owed in light of Slaughter, Landor, and B.P.J.[00:04:57] The main event: Chatrie v. United States, the geofence-warrant case — and why a 5-Justice Fourth Amendment majority is a good get for Justice Kagan[00:06:51] What a geofence actually is (there is no fence) and the three-step Google Location History protocol[00:13:52] General warrants, particularity, the University of Chicago backpacks hypo, and Ybarra v. Illinois — with a field-trip assignment to the Aurora Tap House[00:21:09] Three questions — search, reasonableness, exclusion — and the clever cert grant that fenced out the exclusionary rule[00:25:52] The setup: Jones and the two tracks of Fourth Amendment doctrine, step 0 (the third-party doctrine), then Carpenter[00:33:13] Will's positive law model of the Fourth Amendment, and Justice Gorsuch's Carpenter dissent[00:36:29] Orin Kerr's mosaic theory: "building out the mosaic Byzantine style, it starts to become searchier"[00:39:15] Kagan shuts the mosaic door: where the Fourth Amendment applies, it applies regardless of quantity — a fortiori from Carpenter[00:47:36] What survives of the third-party doctrine: Strava, public Venmo feeds, and the "For heroin" hypo[00:50:53] Why it's a big deal: the anti-mosaic holding, and a majority of Justices revealed as Carpenter people[00:54:48] Tangent: Face ID, the Fifth Amendment, Will's forgotten passcodes, and his enemies[00:56:55] Does the Stored Communications Act make all this academic?[00:58:34] The Jackson concurrence's particularity nudge, en banc remand practice, and Levy & Newman on unwritten circuit rules[01:00:43] The Gorsuch concurrence: papers, effects, property — Will disowns it and gives it to Dan's general-law approach[01:08:36] The Alito dissent: the advisory-opinion objection, footnote 4, the Davis carve-out, and the NRA v. Vullo precedent for a do-over remand[01:18:59] Justice Barrett's à-la-carte joins and her one-paragraph dissent — "we should have more dissents like this"[01:22:31] Two kinds of law professors, "The Supreme Court Flunks Trusts," and whether we're good on law[01:24:15] Sign-off: the rare promise of a schedule — a fourth recording session this weekRelevant linksCasesChatrie v. United States — slip opinionYbarra v. IllinoisUnited States v. JonesKatz v. United StatesSmith v. MarylandCarpenter v. United States — slip opinionFlorida v. JardinesDavis v. United StatesNRA v. VulloCommentary & articlesAmy Howe, "Court rules that law enforcement's use of 'geofence warrant' was a 'search'" (SCOTUSblog)Kate Shaw, Will Baude & Steve Vladeck, end-of-term Supreme Court roundtable (N.Y. Times, July 1, 2026) — the "hosannas" Will mentions on airWilliam Baude & James Y. Stern, "The Positive Law Model of the Fourth Amendment," 129 Harv. L. Rev. 1821 (2016)Danielle D'Onfro & Daniel Epps, "The Fourth Amendment and General Law," 132 Yale L.J. 910 (2023)Orin S. Kerr, "The Mosaic Theory of the Fourth Amendment," 111 Mich. L. Rev. 311 (2012)John H. Langbein, "The Supreme Court Flunks Trusts," 1990 Sup. Ct. Rev. 207OtherClarence Thomas, My Grandfather's Son (2007)Jon O. Newman & Marin K. Levy, Written and Unwritten: The Rules, Internal Procedures, and Customs of the United States Courts of Appeals (Cambridge 2024)

Jon O. Newman is a United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. He assumed senior status in 1997. At the time of his appointment in 1979, he was a United States District Court Judge for the District of Connecticut. Judge Newman was Chief Judge from 1993 to 1997. Judge Newman was also considered for the Supreme Court role under the Clinton Administration. He is also the author of the memoir Benched: Abortion, Terrorists, Drones, Crooks, Supreme Court, Kennedy, Nixon, Demi Moore, and Other Tales from the Life of a Federal Judge Judge Jon O.Newman Book Recommendations: Books by John Le Carre Books by David McCullough Books by Philip Kerr About The Inquiring Mind Podcast: I created The Inquiring Mind Podcast in order to foster free speech, learn from some of the top experts in various fields, and create a platform for respectful conversations. Learn More: https://www.theinquiringmindpodcast.com/ Instagram: https://www.instagram.com/theinquiringmindpodcast/ Facebook: https://www.facebook.com/theinquiringmindpodcast Twitter: https://twitter.com/StanGGoldberg TikTok: https://vm.tiktok.com/ZMdKj2GeG/ Subscribe to the Inquiring Mind Podcast: Spotify: http://spoti.fi/3tdRSOs Apple: http://apple.co/38xXZVJ Google Podcasts: http://bit.ly/3eBZfLl Youtube: https://bit.ly/3tiQieE

She writes about information exchange, tax leaks, international tax relations, sharing economy and human equity transactions, and ethics in international tax. Ring was a consultant for the United Nation’s 2014 project on tax base protection for developing countries, and the UN's 2013 project on treaty administration for developing countries. Ring is also co-author of three case books in taxation. Before entering academia, Ring practiced at the firm of Caplin & Drysdale and clerked for Judge Jon O. Newman of the Second Circuit Court of Appeals.Our student quote is read by Sebastian from Whiting, New Jersey.Resources:Professor Ring’s bio.Dan Shaviro’s blog post about Ring’s recent visit to the NYU Tax Policy ColloquiumShu-Yi Oei & Diane M. Ring, The Tax Lives of Uber Drivers: Evidence from Internet Discussion Forums, 8 Colum. J. Tax L. 56 (2017).Shu-Yi Oei & Diane Ring, Leak-Driven Law, 65 UCLA L. Rev. 532 (2018).More of Ring’s scholarship.The pencil question is from “When I Squeeze You with Eisphorai”: Taxes and Tax Policy in Classical Athens by Peter FawcettThe source for the student quote.

Judge Jon O. Newman talks with David F. Levi about his life on the bench as recounted in his recent autobiography; the qualities that make for a good judge; and the differences between district and appellate judges and courtrooms.

Welcome: Roger Juan Maldonado, President, New York City Bar Association Introduction: Barry H. Garfinkel, Of Counsel, Skadden, Arps, Slate, Meagher & Flom LLP Speaker: Hon. Jon O. Newman, United States Judge of the U.S. Court of Appeals for the Second Circuit The Leslie H. Arps Memorial Lectures are made possible by the generosity of the firm of Skadden Arps Slate Meagher & Flom LLP & Affiliates. Sponsoring Association Committee: Committee on The Leslie H. Arps Lectures, Barry H. Garfinkel and Scott Musoff, Co-Chairs Former Arps Lecture Speakers Include: Hon. Lewis F. Powell, Jr. (1989), Hon. Lawrence E. Walsh (1991), Hon. James L. Oakes (1992), Herbert Brownell (1993), Dean John D. Feerick (1996), Hon. Robert W. Sweet (1997), Hon. Patricia M. Wald (1999), Leon Silverman (2003), Hon. Elena Kagan (2005), Hon. Sandra Day O'Connor (2010), Hon. Pierre N. Leval (2012), George J. Mitchell (2013), Hon. Jose A. Cabranes (2015), Hon. Robert A. Katzmann (2016) and Jeffrey Toobin (2018)

Philippe Kirsch, President of the International Criminal Court, discusses the creation and inner workings of the International Criminal Court and its future challenges. President Kirsch's lecture was the Inaugural Judge Jon O. Newman Lecture on Global Justice at the Yale Law School.