Bloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth interviews. We explore critical legal issues with Supreme Court advocates, judges, law professors, lawyers, and legal journalists. Hosts: Kimberly Robinson and Jordan Rubin.
Abortion Advocates Fear Outcome in Upcoming Case
The Supreme Court is in the spotlight again Dec. 1, this time hearing a challenge to Mississippi's 15-week abortion ban.
Joining Cases and Controversies to discuss what's at stake in Dobbs v. Jackson Women's Health Organization is Kathryn Kolbert, who argued the landmark abortion case Planned Parenthood v. Casey, which upheld the viability line being challenged in the Mississippi case. She said the climate leading up to that 1992 ruling was similar to today's in that she fully expected that there would be at least five votes to overturn Roe v. Wade.
And while the outcome in Casey was a "compromised opinion" that ended up preserving the heart of Roe, Kolbert said she's not expecting the current court to rule the same way. "This court is much more ideological" that the court at the time of Casey, she said, noting that several Republican-appointed justices ultimately came down on the side abortion advocates.
Kolbert is also joined by Julie F. Kay, who says that while abortion has been on the minds of court watchers lately—namely in the procedural challenge to Texas's six-week abortion ban—Dobbs is the case to watch. "I think of the Texas case as the toddler that bursts into the room and has a tantrum and gets everybody's attention," Kay said. "When in reality, it’s the Mississippi case that's the biggest threat to abortion rights."
Supreme Court Gun Case to Set Gun Control's Future
The Supreme Court is considering a challenge to New York's strict concealed-carry law that's primed to set a precedent which could shape the future of guns in the U.S.
Gun-rights supporters want the court in New York State Rifle & Pistol Association v. Bruen to bless more permissive public carry. Gun control advocates worry about the implications of doing so.
Cases and Controversies podcast hosts Kimberly Robinson and Jordan Rubin have spent months reporting on Bruen. And in this special edition, they explore the Nov. 3 argument and the signals the justices sent.
This episode takes listeners into the courtroom and breaks down essential points. Attorneys, scholars, and others working on the case talk about what's at stake if the challengers prevail, as expected.
First, a primer. Previous 5-4 rulings said the Second Amendment grants an individual right to have a gun in the home for self-defense, regardless of militia service. The amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Bruen raises the question of the scope of the right outside the home. At the argument, the justices probed the limits of their eventual ruling expected by July.
"Can they say you cannot carry your gun at any place where alcohol is served?" Chief Justice John Roberts asked the challengers' lawyer, Paul Clement.
"What about a football stadium?" Roberts pressed.
While gun-rights advocates see fewer restrictions as vindicating the Second Amendment, gun control advocates worry about the consequences of more guns on the street.
"If we were to now flood our cities with even more guns, I'm afraid that shooting rate will go up, that murder rate will go up, and we don't know what will happen to the everyday fights that take place in densely populated cities like New York if people are armed," said Richard Aborn, president of the Citizens Crime Commission of New York City.
Everytown for Gun Safety, which advocates for universal background checks and gun-safety measures, is backed by Michael Bloomberg, founder and majority owner of Bloomberg News parent company Bloomberg LP. The group filed a brief at the Supreme Court supporting the New York restrictions.
Texas Abortion Law Meets Supreme Court Skepticism
It's another big week of arguments at the Supreme Court as the justices will hear cases involving national security and religious rights of death-row inmates.
Cases and Controversies podcast hosts Kimberly Robinson and Jordan Rubin take a look in the latest sneak peek episode at the five cases on the court's docket next week.
They also recap the blockbuster Nov. 1 arguments over the Texas abortion law, known as S.B. 8., in which numerous justices seemed skeptical that the should evade judicial review.
Coming up next week, the podcast will take a deep dive into the Second Amendment. The hosts will explore the dispute heard Nov. 3. over a concealed carry restriction in New York and discuss concerns raised by the justices. They'll also look at how the case could impact gun restrictions across the country.
Abortion and Guns Make for Big Week at Supreme Court
The Supreme Court is slated to hear arguments over controversial abortion and gun laws in a jam-packed week at the high court.
The court will scrutinize Texas’ abortion law, S.B. 8, that effectively bans the procedure, in back-to-back arguments on Nov. 1 that will feature Elizabeth Prelogar’s first appearance for the federal government since being confirmed solicitor general Oct. 28.
Two days later, the justices will hear the biggest Second Amendment case in a decade in New York State Rifle & Pistol Association v. Bruen. The court will probe the state’s strict concealed-carry regime and, more broadly, how the gun right identified in prior precedents applies outside the home.
In between those arguments, on Nov. 2, the court will hear First Amendment and arbitration cases.
Latest Abortion Decision the Result of Curious Vote Breakdown
The Texas abortion law will be front and center at the Supreme Court Nov. 1 after the justices agreed to hear argument on an expedited basis over whether the Justice Department can sue despite the law's unusual enforcement mechanism.
The justices on Friday agreed to hear two challenges to the Texas measure in short order, while allowing the abortion-blocking law to stay in place in the meantime over Justice Sonia Sotomayor’s dissent. Curiously, while the justices agreed to grant cert on this issue, they did not vote to place the law on hold until they issue an opinion in this case.
Kimberly Robinson and Jordan Rubin go behind the headlines and the vote count to analyze what the court will consider when advocates step up to the lectern, and what it all might mean for abortion rights.
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Justices Ponder Smoking Centaurs and State Secrets
The Supreme Court’s first oral argument sitting of the new term is in the books as the nine-case docket included disputes over state secrets and the Boston Marathon bombing.
The MacArthur Justice Center’s Amir Ali joins Bloomberg Law’s Cases and Controversies podcast to talk about what it was like to argue in the high court’s new hybrid, in-person format.
Ali represented the petitioner in Thompson v. Clark, a case about federal civil rights lawsuits that led Justice Samuel Alito to pose a hypothetical question about a half man/half horse with a nicotine addiction. Seriously.