The High Court Report

SCOTUS Oral Arguments

The High Court Report makes Supreme Court decisions accessible to everyone. We deliver comprehensive SCOTUS coverage without the legal jargon or partisan spin—just clear analysis that explains how these cases affect your life, business, and community. What you get: Case previews and breakdowns, raw oral argument audio, curated key exchanges, detailed opinion analysis, and expert commentary from a practicing attorney who's spent 12 years in courtrooms arguing the same types of cases the Supreme Court hears. Why it works: Whether you need a focused 10-minute update or a deep constitutional dive, episodes are designed for busy professionals, engaged citizens, and anyone who wants to understand how the Court shapes America. When we publish: 3-5 episodes weekly during the Court's October-June term, with summer coverage of emergency orders and retrospective analysis. Growing archive: Oral arguments back to 2020 and expanding, so you can hear how landmark cases unfolded and track the Court's evolution. Your direct line to understanding the Supreme Court—accessible, thorough, and grounded in real legal expertise.**

  1. 10H AGO

    Oral Argument: West Virginia v. BPJ | Title IX Transgender Tornado

    West Virginia v. B.P.J. | Oral Argument Date: 1/13/26 | Docket Link: Here Oral Advocates: For Petitioner (West Virginia): Michael Williams, Solicitor General, Charleston, WV.For United States as Amicus Curiae Supporting Petitioner): Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice.For Respondent (B.J.P.): Joshua Block, New York, New York. Question Presented: Whether laws protecting women's sports by limiting participation to biological females violate the Equal Protection Clause of the Fourteenth Amendment Overview: Consolidated cases challenging Idaho's categorical ban and West Virginia's Save Women's Sports Act generate Supreme Court's first major ruling on transgender athletics after Skrmetti reshaped constitutional sex discrimination analysis. Posture: Multiple circuit splits; Little preliminarily enjoined (Ninth Circuit), West Virginia reversed (Fourth Circuit); proceedings stayed pending review. Main Arguments: • Petitioners (West Virginia): (1) Constitutional "sex" means objective biological reality, not subjective gender identity; (2) Rational basis review applies to definitional challenges about meaning of "female"; (3) Skrmetti forecloses proxy discrimination claims targeting biology-based classifications United States (as Amicus Curiae in Support of Petitioners): (1) Equal Protection permits sex-separated athletics based on constitutional history; (2) Biology-based classifications address competitive fairness, not discriminatory animus; (3) Skrmetti forecloses proxy discrimination claims • Respondents (B.P.J.): (1) Categorical exclusions constitute traditional sex discrimination triggering heightened scrutiny; (2) Transgender status qualifies as quasi-suspect classification warranting judicial protection; (3) Individual assessment required under VMI rather than blanket exclusions Implications: Petitioners' victory establishes broad state authority over sex-separated activities using biological definitions, potentially affecting employment discrimination, housing rights, and educational access beyond sports.Respondent victory extends heightened constitutional protection to transgender individuals, requiring individualized consideration rather than categorical exclusions and potentially invalidating similar laws across twenty-six states.Ruling will clarify whether Skrmetti's restrictive constitutional framework applies beyond medical treatment contexts and resolve circuit split on Title IX interpretation. The Fine Print: • Fourteenth Amendment § 1: "No State shall...deny to any person within its jurisdiction the equal protection of the laws" • W. Va. Code § 18-2-25d(c)(2): Female teams "shall not be open to students of the male sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport" Primary Cases: • United States v. Skrmetti (2025): Constitutional sex classifications analyze biological differences rather than gender identity; laws addressing medical procedures and age restrictions don't trigger...

    1h 24m

  2. 11H AGO

    Oral Argument: Little v. Hecox | Title IX Transgender Tornado

    Little v. Hecox | Oral Argument Date: 1/13/26 | Docket Link: Here Oral Advocates: For Petitioner (Idaho): Alan Hurst, Solicitor General, Boise, IdahoFor United States (as Amicus Curiae Supporting Petitioner): Hashim Mooppan, Principal Deputy Solicitor General, Department of JusticeFor Respondent (Hecox): Kathleen R. Hartnett, San Francisco, California. Question Presented: Whether laws protecting women's sports by limiting participation to biological females violate the Equal Protection Clause of the Fourteenth Amendment Overview: Consolidated cases challenging Idaho's categorical ban and West Virginia's Save Women's Sports Act generate Supreme Court's first major ruling on transgender athletics after Skrmetti reshaped constitutional sex discrimination analysis. Posture: Multiple circuit splits; Little preliminarily enjoined (Ninth Circuit), West Virginia reversed (Fourth Circuit); proceedings stayed pending review. Main Arguments: • Petitioners (Idaho): (1) Constitutional "sex" means objective biological reality, not subjective gender identity; (2) Rational basis review applies to definitional challenges about meaning of "female"; (3) Skrmetti forecloses proxy discrimination claims targeting biology-based classifications United States (as Amicus Curiae in Support of Petitioners): (1) Equal Protection permits sex-separated athletics based on constitutional history; (2) Biology-based classifications address competitive fairness, not discriminatory animus; (3) Skrmetti forecloses proxy discrimination claims • Respondents (Hecox): (1) Categorical exclusions constitute traditional sex discrimination triggering heightened scrutiny; (2) Transgender status qualifies as quasi-suspect classification warranting judicial protection; (3) Individual assessment required under VMI rather than blanket exclusions Implications: Petitioners' victory establishes broad state authority over sex-separated activities using biological definitions, potentially affecting employment discrimination, housing rights, and educational access beyond sports.Respondent victory extends heightened constitutional protection to transgender individuals, requiring individualized consideration rather than categorical exclusions and potentially invalidating similar laws across twenty-six states.Ruling will clarify whether Skrmetti's restrictive constitutional framework applies beyond medical treatment contexts and resolve circuit split on Title IX interpretation. The Fine Print: • Fourteenth Amendment § 1: "No State shall...deny to any person within its jurisdiction the equal protection of the laws" • Idaho Code § 33-6203(3): "Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex" Primary Cases: • United States v. Skrmetti (2025): Constitutional sex classifications analyze biological differences rather than gender identity; laws addressing medical procedures and age restrictions don't trigger heightened scrutiny based on transgender status • United States v. Virginia...

    1h 54m

  3. 1D AGO

    Oral Argument: Chevron USA Inc. v. Plaquemines Parish: When Fueling WW2 Meets Leads to Lawsuits

    Chevron USA Inc. v. Plaquemines Parish | Oral Argument Date: 1/12/26 | Docket Link: Here Oral Advocates: For Petitioner (Chevron): Paul D. Clement, Alexandria, VA argues for Petitioner Chevron.For United States (as Amicus Curiae Supporting Petitioner): Aaron R., Assistant to the Solicitor General, Department of Justice argues for United States as amicus curiae.For Respondent: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, LA argues for Respondent Plaquemines Parish. Question Presented: Whether oil companies can remove a state lawsuit into federal court involving oil production if the oil companies provided services under a federal contract for oil refining but not production. Overview: Oil companies that fueled WWII fighter planes face $744.6 million in state court verdicts for 80-year-old production methods, creating unprecedented federal contractor liability exposure with massive removal jurisdiction implications. Posture: Fifth Circuit denied en banc rehearing by narrow 7-6 vote after split panel affirmed remand. Main Arguments: • Chevron (Petitioner): (1) 2011 amendment eliminated causal-nexus requirement through "relating to" language expansion; (2) Fifth Circuit improperly reinstated contractual-direction test rejected by other circuits; (3) Oil production activities directly connected to federal avgas contracts through pricing terms and wartime regulations • Louisiana (Respondent): (1) No genuine circuit split exists among courts applying "connection or association" standard; (2) Case lacks national importance beyond fact-specific contractor disputes; (3) Federal contracts remained silent about production methods, requiring sufficient connection between challenged conduct and federal directives Implications: Chevron victory expands federal contractor protection from state court liability for activities connected to federal work, potentially encouraging emergency contracting. Louisiana victory maintains state environmental enforcement authority while exposing federal contractors to massive local jury verdicts for wartime activities. The Fine Print: • 28 U.S.C. § 1442(a)(1): "A civil action...commenced in a State court against...any officer (or any person acting under that officer) of the United States...for or relating to any act under color of such office...may be removed" • State and Local Coastal Resources Management Act: Requires compliance with environmental standards for oil and gas operations in Louisiana coastal zone Link to Opinion: TBD. Website Link to Opinion Summary: TBD. Timestamps: [00:00:00] Argument Intro [00:01:54] Argument Begins [00:02:01] Chevron Opening Statement [00:04:26] Chevron Free for All Questions [00:19:20] Chevron Round Robin Questions [00:34:43] United States as Amicus Curiae Opening Statement [00:35:48] United States Free for All Questions [00:45:50] United States Round Robin Questions [00:52:13] Plaquemines Opening Statement [00:53:57] Plaquemines Free for All Questions [01:10:14] Plaquemines Round Robin Questions [01:16:07] Chevron Rebuttal

    1h 19m

  4. 1D AGO

    SCOTUS Returns: Final Thoughts on This Week’s Supreme Court Cases

    Hear final thoughts on this week's Supreme Court cases: See case preview episodes and January Mega Episode (here) for additional case details. Case Summaries: Chevron v. Plaquemines (Jan 12): WWII oil companies face massive state court verdict for 1940s production methods. Little v. Hecox (Jan 13): Transgender female students challenge Idaho and West Virginia sports participation bans. CSX Galette v. NJ Transit (Jan 14): Transit authority claims sovereign immunity despite state disclaimer of responsibility. Follow The High Court Report: Apple, Spotify, YouTube podcastsLinkedIn for daily updatesEmail: scotus.cases.pod@gmail.comIndividual case previews available on podcast page

    17 min

  5. 4D AGO

    January Mega Preview Episode - Transgender Sports, Gun Rights, and Fed Firings

    Based on the project templates and your episode script, here are show notes for your January 2026 mega episode: January 2026 Supreme Court Mega Preview | The High Court Report Overview: Action-packed January brings constitutional showdowns across five major cases spanning wartime contractor protection, transgender athletics, sovereign immunity, Second Amendment property rights, and presidential removal power over Federal Reserve governors. Roadmap Episode: Complete preview covering Chevron's $744 million WWII liability case, transgender sports restrictions post-Skrmetti, New Jersey Transit sovereignty claims, Hawaii's gun permission requirements after Bruen, and Trump's authority to fire Fed officials for pre-appointment conduct. Case Summaries: Chevron v. Plaquemines (Jan 12): WWII oil companies face massive state court verdict for 1940s production methods. Little v. Hecox (Jan 13): Transgender female students challenge Idaho and West Virginia sports participation bans. CSX Galette v. NJ Transit (Jan 14): Transit authority claims sovereign immunity despite state disclaimer of responsibility. Wolford v. Lopez (Jan 20): Licensed gun carriers sue Hawaii over business entry permission requirements. Trump v. Cook (Jan 21): Presidential firing of Fed Governor Lisa Cook over mortgage application allegations. Key Themes: Federalism tensions across multiple casesPost-Bruen Second Amendment applicationsSovereign immunity doctrine evolutionPresidential removal authority limitsConstitutional gender classifications after Skrmetti Statistics: Supreme Court currently reviewing 48 unique pending cases63 cases heard last term, suggesting 10-15 more additions likelyFourth sovereign immunity case this termBenjamin Aguinaga and Paul Clement each arguing third cases this year Schedule Notes: January arguments followed by February hiatus until month-endOnly three sitting days in entire FebruaryEight March days and seven April sitting days plannedMay-June dates not yet set Follow The High Court Report: Apple, Spotify, YouTube podcastsLinkedIn for daily updatesEmail: scotus.cases.pod@gmail.comIndividual case previews available on podcast page Link 8/19/25 Episode: Road Work Ahead:

    19 min

  6. 6D AGO

    Case Preview: M & K v. IAM Pension Trustees | Pension Plan Predicament: The "As Of" Ambiguity That May Cost Millions

    M & K Employee Solutions, LLC v. Trustees of The IAM Pension Fund | Argument Date: 1/20/26 | Docket Link: Here Question Presented: Can pension plans charge higher prices using future prices, or must they stick with the original prices? Overview: Four companies' pension withdrawal liability tripled from timing of actuarial assumption changes, creating circuit split over whether "as of" December 31st calculations require December 31st assumptions or permit retrospective professional judgment. Posture: Arbitrators favored companies; D.C. District Court and Circuit reversed, permitting post-measurement assumption adoption with restrictions. Main Arguments: Petitioners: (1) "As of" language creates statutory deadline requiring pre-measurement assumption adoption; (2) Legislative framework expected annual assumption reviews before measurement dates; (3) Anti-manipulation principles from Section 1394 should apply to actuarial assumptionsRespondents: (1) "As of" establishes reference date, not completion deadline for retrospective valuations; (2) "Best estimate" requirement mandates current professional judgment over stale assumptions; (3) Standard actuarial practice permits and encourages post-measurement selection Implications: Petitioner victory creates uniform nationwide timing deadlines for actuarial assumptions but potentially forces use of outdated professional judgments. Respondent victory maintains professional flexibility and accuracy in pension calculations but creates potential manipulation risks and planning uncertainty. Decision affects multiemployer pension withdrawals nationwide, involving billions in liability calculations. Ruling influences broader questions about statutory interpretation incorporating professional standards and temporal requirements in technical regulatory contexts. The Fine Print: 29 U.S.C. § 1391: "The amount of an employer's withdrawal liability...shall be computed...as of the end of the plan year preceding the plan year in which the withdrawal occurs"29 U.S.C. § 1393(a)(1): "actuarial assumptions and methods which...offer the actuary's best estimate of anticipated experience under the plan" Primary Cases: National Retirement Fund v. Metz Culinary Management (2020): Second Circuit held actuarial assumptions for withdrawal liability must exist by measurement date; automatic rollover applies absent timely changesConcrete Pipe & Products v. Construction Laborers Pension Trust (1993): Withdrawal liability creates "fixed and certain debt"; actuarial determinations receive presumption of correctness due to professional constraints and statutory requirements

    11 min

  7. JAN 6

    Case Preview: Wolford v. Lopez | Hawaii's Handgun Hurdle: When Gun Rights Meet "Mother May I"

    Wolford v. Lopez | Case No. 24-1046 | Docket Link: Here Question Presented: Whether the Ninth Circuit erred in holding that Hawaii may presumptively prohibit concealed carry permit holders from carrying handguns on private property open to the public without property owner express permission. Overview: Post-Bruen constitutional challenge to Hawaii's affirmative-consent requirement for carrying firearms on private property open to public creates circuit split over intersection of Second Amendment rights and traditional property law principles. Posture: District court enjoined law; Ninth Circuit reversed, creating conflict with Second and Third Circuits. Main Arguments: • Petitioner: (1) Carrying firearms on private property open to public falls within Second Amendment's plain text protection; (2) Hawaii's presumptive prohibition effectively abolishes public carry rights through property law circumvention; (3) Colonial and Reconstruction-era scattered laws fail to establish sufficient historical tradition under Bruen framework • Respondent: (1) Second Amendment never protected armed entry onto private property without owner consent under English common law inheritance; (2) Hawaii's law vindicates fundamental property owners' right to exclude rather than restricting Second Amendment rights; (3) Multiple colonial and Reconstruction-era historical analogues constitute "dead ringers" supporting Hawaii's approach requiring express consent Implications: Petitioner victory establishes robust Second Amendment protection in privately-owned publicly-accessible spaces, potentially invalidating similar post-Bruen restrictions across multiple states and expanding public carry rights significantly. Respondent victory permits states to circumvent direct gun control restrictions through property law mechanisms, enabling broader firearms regulations while preserving traditional property rights and potentially creating complex patchwork of varying consent requirements across jurisdictions affecting everyday carry practices. The Fine Print: • H.R.S. § 134-9.5(b): "No person shall carry or possess a firearm on any private property unless that person has been given express authorization by the property owner or the owner's authorized agent through unambiguous written or verbal authorization or clear and conspicuous signage" • Second Amendment: "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" Primary Cases: • NYSRPA v. Bruen (2022): Second Amendment protects individual right to carry handguns publicly for self-defense; government restrictions must demonstrate consistency with historical tradition of firearm regulation rather than interest-balancing approach • Cedar Point Nursery v. Hassid (2021): Property owners possess fundamental right to exclude others from their premises, constituting "one of the most treasured rights of property ownership" requiring government compensation for regulatory takings

    17 min

  8. JAN 5

    Case Preview: CSX Galette versus New Jersey Transit | Sovereign Immunity Shell Game: When Transit Authorities Steer Around Accountability

    CSX Galette v. NJ Transit Corp. | Argument Date: 1/14/26 | Docket Link: Here Consolidated with CSX NJ Transit Corp. v. Colt | Argument Date: 1/14/26 | Docket Link: Here Question Presented: Whether the New Jersey Transit Corporation functions as an arm of the State of New Jersey for interstate sovereign immunity purposes Overview: NJ Transit claims sovereign immunity after bus injured passenger in Philadelphia, raising fundamental federalism questions about state power to extend constitutional immunity to state-created corporations while disclaiming their debts and liabilities. Posture: Pennsylvania Supreme Court reversed lower courts, holding NJ Transit qualifies as state arm based on statutory mission and structure. Main Arguments: • NJ Transit (Petitioner): (1) New Jersey's legislative designation of public transportation as "essential governmental function" deserves federal deference and establishes instrumentality status; (2) Governor's appointment, for-cause removal, and veto powers demonstrate sufficient state control; (3) Substantial state subsidies (15-40% of operating budget) create practical financial interdependence implicating state treasury despite formal liability disclaimer • Galette (Respondent): (1) Founding-era bright-line rule denied sovereign immunity to all corporations liable for own judgments regardless of state ownership, control, or purpose; (2) Treasury factor proves dispositive because New Jersey statute explicitly disclaims legal liability for NJ Transit debts, eliminating state treasury exposure; (3) Corporate structure with sue-and-be-sued powers, operational independence, and commercial transportation function demonstrates legal separateness from state Implications: NJ Transit victory allows states to extend sovereign immunity to state-created corporations operating across state lines while disclaiming their liabilities, potentially shielding transit authorities, universities, and development agencies nationwide from sister-state court jurisdiction. Galette victory reinforces Founding-era corporate separateness doctrine and makes treasury factor controlling, requiring actual state legal liability for immunity and limiting state power to manufacture constitutional immunity through entity characterization while maintaining corporate independence and debt disclaimers. The Fine Print: • N.J. Stat. § 27:25-17: "All expenses incurred by the corporation in carrying out the provisions of this act shall be payable from funds available to the corporation...No debt or liability of the corporation shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the State" • Eleventh Amendment: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State" Primary Cases: • Hess v. Port Authority Trans-Hudson Corp. (1994): Treasury factor constitutes "most salient factor" that "homes in on the impetus for the Eleventh Amendment: the prevention of federal-court judgments that must be paid out of a State's treasury"; when evidence on structure and control factors appears mixed, treasury factor becomes dispositive • Bank of United States v. Planters' Bank of Georgia (1824): When government becomes partner in trading company, it "devests itself, so far as concerns the transactions of that company, of its...

    23 min
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About

The High Court Report makes Supreme Court decisions accessible to everyone. We deliver comprehensive SCOTUS coverage without the legal jargon or partisan spin—just clear analysis that explains how these cases affect your life, business, and community. What you get: Case previews and breakdowns, raw oral argument audio, curated key exchanges, detailed opinion analysis, and expert commentary from a practicing attorney who's spent 12 years in courtrooms arguing the same types of cases the Supreme Court hears. Why it works: Whether you need a focused 10-minute update or a deep constitutional dive, episodes are designed for busy professionals, engaged citizens, and anyone who wants to understand how the Court shapes America. When we publish: 3-5 episodes weekly during the Court's October-June term, with summer coverage of emergency orders and retrospective analysis. Growing archive: Oral arguments back to 2020 and expanding, so you can hear how landmark cases unfolded and track the Court's evolution. Your direct line to understanding the Supreme Court—accessible, thorough, and grounded in real legal expertise.**

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  • Creator
    SCOTUS Oral Arguments
  • Years Active
    2025 - 2026
  • Episodes
    399
  • Rating
    Clean
  • Copyright
    © Copyright 2025 The High Court Report
  • Show Website
    The High Court Report

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