Free Speech Press

Oral Arguments

I upload United States Supreme Court Oral Arguments so that the average American can listen on their smartphone. I do not modify the audios. Each episode is identical to the MP3 file provided at supremecourt.gov. This podcast has no affiliation with the Supreme Court of the United States.

  1. 11/13/2025

    Rutherford v. United States (2025)

    Docket Number: 24-820Date Argued: 11/12/25 24-820 RUTHERFORD V. UNITED STATES DECISION BELOW: 120 F.4th 360 LOWER COURT CASE NUMBER: 23-1904 QUESTION PRESENTED: The compassionate-release statute permits courts to reduce a prisoner's sentence if the court finds that "extraordinary and compelling reasons" warrant relief. 18 U.S.C. § 3582(c)(1)(A). Congress placed only two limits on what can count as an "extraordinary and compelling reason": (1) it must be "consistent with" "applicable policy statements" from the U.S. Sentencing Commission, id .; and (2) "[r]ehabilitation of the defendant alone shall not be considered an extra- ordinary and compelling reason," 28 U.S.C. § 994(t). Sections 401 and 403 of the First Step Act of 2018 reduced penalties for certain drug and firearm offenses going forward. Because of these changes, individuals sentenced today for these offenses often face mandatory minimum terms of imprisonment decades shorter than they would have received before the First Step Act. The question presented is: Whether, as four circuits permit but six others prohibit, a district court may consider disparities created by the First Step Act's prospective changes in sentencing law when deciding if "extraordinary and compelling reasons" warrant a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i). CONSOLIDATED FOR ONE HOUR ORAL ARGUMENT WITH 24-860 CERT. GRANTED 6/6/2025 --- 24-860 CARTER V. UNITED STATES DECISION BELOW: 2024 WL 5339852 LOWER COURT CASE NUMBER: 24-1115 QUESTION PRESENTED: Congress empowered district courts to reduce sentences of federal prisoners for "extraordinary and compelling reasons." Congress did not define the terms "extraordinary and compelling" but instead expressly delegated to the United States Sentencing Commission the authority to describe what types of circumstances qualify. Exercising that authority, the Sentencing Commission adopted a provision, Section 1B1.13(b)(6), that permits district courts to consider a sentence reduction where, among other things, the defendant has served at least ten years of an unusually long sentence and a nonretroactive change in law produces a "gross disparity" between that sentence and the one likely to be imposed at the time of the motion. The Courts of Appeals are divided on the question presented here: Whether the Sentencing Commission acted within its expressly delegated authority by permitting district courts to consider, in narrowly cabined circumstances, a nonretroactive change in law in determining whether "extraordinary and compelling reasons" warrant a sentence reduction. CONSOLIDATED FOR ONE HOUR ORAL ARGUMENT WITH 24-820. CERT. GRANTED 6/6/2025 https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-820_f2ah.pdf

    1h 21m
  2. 11/13/2025

    Fernandez v. United States (2025)

    Docket Number: 24-556Date Argued: 11/12/25 24-556 FERNANDEZ V. UNITED STATES DECISION BELOW: 104 F.4th 420 LOWER COURT CASE NUMBER: 22-3122 QUESTION PRESENTED: Under 18 U.S.C. § 3582(c)(1)(A), a district court has broad discretion to reduce the term of imprisonment in any case if it finds that "extraordinary and compelling reasons warrant such a reduction." The sole limitation Congress placed on that discretion is found in 18 U.S.C. § 994(t), which provides that "[r]ehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason." In reversing the district court's grant of compassionate release to Joe Fernandez, the Second Circuit held that it was an abuse of discretion for the court to have considered evidence bearing on Fernandez's potential innocence as well to have found a disparity in sentences between Fernandez and several of his co-defendants who were cooperating witnesses. That decision was contrary to decisions of the First and Ninth Circuits, which have each held that district courts are not restricted with respect to matters they may consider under 18 U.S.C. § 3582(c)(1)(A) other than as set forth by Congress. The question presented is: Whether the Second Circuit erred in recognizing extra-textual limitations on what information a court may consider when determining whether there exist extraordinary and compeling reasons warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER A COMBINATION OF “EXTRAORDINARY AND COMPELLING REASONS” THAT MAY WARRANT A DISCRETIONARY SENTENCE REDUCTION UNDER 18 U. S. C. §3582(c)(1)(A) CAN INCLUDE REASONS THAT MAY ALSO BE ALLEGED AS GROUNDS FOR VACATUR OF A SENTENCE UNDER 28 U. S. C. §2255. CERT. GRANTED 5/27/2025 https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-556_1bn2.pdf

    1h 22m
  3. 11/05/2025

    Learning Resources, Inc. v. Trump, President of U.S. (2025) (Presidential Tariffs)

    Docket Number: 24-1287Date Argued: 11/05/25 24-1287 LEARNING RESOURCES, INC. V. TRUMP DECISION BELOW: LOWER COURT CASE NUMBER: 25-5202 QUESTION PRESENTED: The International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq. ("IEEPA") permits the President, upon a valid emergency declaration, to "investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest[.]" Id. § l 702(a)(1)(B). Until now, no President in IEEPA's nearly 50-year history has ever invoked it to impose tariffs-let alone the sweeping worldwide tariffs imposed pursuant to the executive orders challenged here. The question presented is: Whether IEEPA authorizes the President to impose tariffs. THE PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT IS GRANTED. CONSOLIDATED WITH 25-250 FOR ONE HOUR ORAL ARGUMENT. EXPEDITED BRIEFING. THE CASES WILL BE SET FOR ARGUMENT IN THE FIRST WEEK OF THE NOVEMBER 2025 ARGUMENT SESSION. CERT. GRANTED 9/9/2025 ----- 25-250 TRUMP V. V.O.S. SELECTIONS, INC. DECISION BELOW: 2025 WL 2490634 LOWER COURT CASE NUMBER: 2025-1812, 2025-1813 QUESTION PRESENTED: 1. Whether the International Emergency Economic Powers Act (IEEPA), Pub. L. No. 95-223, Tit. II, 91 Stat. 1626, authorizes the tariffs imposed by President Trump pursuant to the national emergencies declared or continued in Proclamation 10,886 and Executive Orders 14,157, 14,193, 14,194, 14,195, and 14,257, as amended. 2. If IEEPA authorizes the tariffs, whether the statute unconstitutionally delegates legislative authority to the President. THE MOTION TO EXPEDITE AND THE PETITION FOR A WRIT OF CERTIORARI ARE GRANTED. CONSOLIDATED WITH 24-1287 FOR ONE HOUR ORAL ARGUMENT. EXPEDITED BRIEFING. THE CASES WILL BE SET FOR ARGUMENT IN THE FIRST WEEK OF THE NOVEMBER 2025 ARGUMENT SESSION. CERT. GRANTED 9/9/2025 https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-1287_097c.pdf

    2h 39m

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I upload United States Supreme Court Oral Arguments so that the average American can listen on their smartphone. I do not modify the audios. Each episode is identical to the MP3 file provided at supremecourt.gov. This podcast has no affiliation with the Supreme Court of the United States.