370 episodes

A podcast feed of the audio recordings of the oral arguments at the U.S. Supreme Court.

* Podcast adds new arguments automatically and immediately after they become available on supremecourt.gov

* Detailed episode descriptions with facts about the case from oyez.org and links to docket and other information.

* Convenient chapters to skip to any exchange between a justice and an advocate (available as soon as oyez.org publishes the transcript).

Also available in video form at https://www.youtube.com/@SCOTUSOralArgument

Supreme Court Oral Arguments scotusstats.com

    • Government

A podcast feed of the audio recordings of the oral arguments at the U.S. Supreme Court.

* Podcast adds new arguments automatically and immediately after they become available on supremecourt.gov

* Detailed episode descriptions with facts about the case from oyez.org and links to docket and other information.

* Convenient chapters to skip to any exchange between a justice and an advocate (available as soon as oyez.org publishes the transcript).

Also available in video form at https://www.youtube.com/@SCOTUSOralArgument

    [23-939] Trump v. United States

    [23-939] Trump v. United States

    Trump v. United States

    Wikipedia · Justia · Docket · oyez.org

    Argued on Apr 25, 2024.

    Petitioner: Donald J. Trump.Respondent: United States of America.

    Advocates: D. John Sauer (for the Petitioner)
    Michael R. Dreeben (for the Respondent)

    Facts of the case (from oyez.org)

    Former President Donald Trump was indicted in August 2023 on four counts arising from Special Counsel Jack Smith’s investigation into the January 6, 2021, attacks on the U.S. Capitol. Trump claimed that he cannot be prosecuted for his official acts as president and that a former president cannot be prosecuted unless he has first been impeached by the House and convicted by the Senate.

    U.S. District Judge Tanya Chutkan initially set Trump’s trial for March 4, 2024, but later vacated this date pending resolution of Trump’s immunity claims. Judge Chutkan denied Trump’s motion to dismiss on immunity grounds, and Smith asked the Supreme Court directly to expedite review and bypass a decision by the D.C. Circuit. The Court declined, deferring instead to the D.C. Circuit’s judgment. On February 6, the D.C. Circuit upheld Chutkan’s decision, and Trump requested a stay of the D.C. Circuit’s ruling. Ultimately, the Supreme Court decided to expedite the case.


    Question

    Does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office, and if so, to what extent?

    • 2 hr 39 min
    [23-726] Moyle v. United States

    [23-726] Moyle v. United States

    Moyle v. United States

    Wikipedia · Justia · Docket · oyez.org

    Argued on Apr 24, 2024.

    Petitioner: Mike Moyle, et al.Respondent: United States of America.

    Advocates: Joshua N. Turner (for the Petitioners)
    Elizabeth B. Prelogar (for the Respondent)

    Facts of the case (from oyez.org)

    In August 2022, after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which eliminated the constitutional right to an abortion, the Biden administration brought a legal challenge to a restrictive Idaho abortion law. The Biden administration argued that the state law, which criminalizes providing an abortion except in a few narrow circumstances, including to save the life of the mother, is preempted by a federal law, the Emergency Medical Treatment and Labor Act (EMTALA). EMTALA requires hospitals receiving Medicare funding to offer “necessary stabilizing treatment” to pregnant women in emergencies.

    The district court ruled in favor of the Biden administration and barred Idaho from enforcing its law to the extent that it conflicted with EMTALA. The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, declined to stay the district court's ruling while the state appealed.


    Question

    Does the federal Emergency Medical Treatment and Labor Act preempt an Idaho law that criminalizes most abortions in that state?

    • 1 hr 53 min
    [23-334] Department of State v. Munoz

    [23-334] Department of State v. Munoz

    Department of State v. Munoz

    Justia · Docket · oyez.org

    Argued on Apr 23, 2024.

    Petitioner: Department of State, et al.Respondent: Sandra Munoz, et al.

    Advocates: Curtis E. Gannon (for the Petitioners)
    Eric T. Lee (for the Respondents)

    Facts of the case (from oyez.org)

    Sandra Muñoz, a U.S. citizen, married Luis Asencio-Cordero, an El Salvadoran citizen, in 2010. They have a U.S. citizen child. Asencio-Cordero, who arrived in the U.S. in 2005 and has multiple tattoos, applied for an immigrant visa after Muñoz filed an approved immigrant-relative petition and waiver for his inadmissibility. In 2015, he returned to El Salvador for his visa interview, denying any gang affiliations. However, in December 2015, the U.S. Consulate denied his visa under 8 U.S.C. § 1182(a)(3)(A)(ii), suggesting his potential involvement in unlawful activities. Muñoz sought intervention from Congresswoman Judy Chu, but the State Department upheld the decision. A declaration from a gang expert, Humberto Guizar, stated that Asencio-Cordero’s tattoos were not gang-related. Despite this and further appeals, including to the State Department's Office of Inspector General, the decision remained unchanged, with authorities confirming the inadmissibility and indicating no grounds for appeal.

    Following the government’s denial of Asencio-Cordero’s immigrant visa application, the plaintiffs sought judicial review, arguing that the statute was unconstitutionally vague. The district court granted summary judgment to the defendants, invoking the doctrine of consular nonreviewability to prevent judicial scrutiny of the visa decision. However, the U.S. Court of Appeals for the Ninth Circuit found that the government failed to provide the constitutionally required notice within a reasonable time after the visa application was denied. As a result, the appellate court determined that the government was not entitled to summary judgment based on the doctrine of consular nonreviewability and vacated the district court's decision.


    Question

    Does the denial of a visa to the non-citizen spouse of a U.S. citizen infringe on a constitutionally protected interest of the citizen and, if so, did the government properly justify that decision in this case?

    • 1 hr 31 min
    [23-367] Starbucks Corporation v. McKinney

    [23-367] Starbucks Corporation v. McKinney

    Starbucks Corporation v. McKinney

    Wikipedia · Justia · Docket · oyez.org

    Argued on Apr 23, 2024.

    Petitioner: Starbucks Corporation.Respondent: M. Kathleen McKinney.

    Advocates: Lisa S. Blatt (for the Petitioner)
    Austin L. Raynor (for the Respondent)

    Facts of the case (from oyez.org)

    In early January 2022, Nikki Taylor, a supervisor at a Memphis Starbucks, initiated union-organizing efforts, contacting Buffalo, New York, Starbucks employees and the Union for guidance. Conversations with colleagues about unionizing led to managerial scrutiny and disciplinary actions against Taylor for alleged insubordination and a dress code violation. Despite this, Taylor and coworkers held a meeting with Union representatives and drafted a letter to Starbucks's CEO announcing their intent to unionize.

    On January 18, following the public release of the unionization letter, the Memphis store was closed early by management under the pretext of understaffing, coinciding with a media event covering the unionization efforts. Subsequent investigations by Starbucks led to the February 8 firing of seven employees, including key organizing committee members, for policy violations during the media event. These terminations led to a reduced display of union support among the remaining staff and increased anxiety about unionizing in other Starbucks locations. However, the Memphis store voted to join the Union in June.

    The Union filed charges against Starbucks for unfair labor practices. Following an investigation, a district court ordered a temporary injunction, demanding the reinstatement of the terminated employees. On appeal, the U.S. Court of Appeals for the Sixth Circuit affirmed, finding that the NLRB satisfied its burden of showing “‘reasonable cause’ to believe that employers engaged in unfair labor practices and that an injunction protects the Board’s remedial power.”


    Question

    What test must courts use to evaluate requests for injunctions under Section 10(j) of the National Labor Relations Act?

    • 52 min
    [22-1218] Smith v. Spizzirri

    [22-1218] Smith v. Spizzirri

    Smith v. Spizzirri

    Justia · Docket · oyez.org

    Argued on Apr 22, 2024.

    Petitioner: Wendy Smith, et al.Respondent: Keith Spizzirri, et al.

    Advocates: Daniel L. Geyser (for the Petitioners)
    E. Joshua Rosenkranz (for the Respondents)

    Facts of the case (from oyez.org)

    Plaintiffs Smith and others were current and former delivery drivers for Intelliserve. They sued Intelliserve in Arizona state court alleging that “Intelliserve violated federal and state employment laws by misclassifying them as independent contractors, failing to pay them required minimum and overtime wages, and failing to provide paid sick leave.”

    Intelliserve removed the case to federal court, then moved to compel arbitration and to dismiss the case. While both parties agreed that, under the FAA, all claims were subject to mandatory arbitration, they disagreed on how the district court was supposed to handle the lawsuit. Intelliserve argued that Section 3 of the FAA permitted the district court to dismiss the action, while the plaintiffs argued that the FAA required the district court to stay the action pending arbitration. The district court dismissed the action without prejudice, and the U.S. Court of Appeals for the Ninth Circuit affirmed.


    Question

    Does Section 3 of the Federal Arbitration Act give district courts discretion to dismiss a lawsuit when all claims are subject to arbitration?

    • 43 min
    [23-175] City of Grants Pass v. Johnson

    [23-175] City of Grants Pass v. Johnson

    City of Grants Pass v. Johnson

    Wikipedia · Justia · Docket · oyez.org

    Argued on Apr 22, 2024.

    Petitioner: City of Grants Pass, Oregon.Respondent: Gloria Johnson, et al.

    Advocates: Theane D. Evangelis (for the Petitioner)
    Edwin S. Kneedler (for the United States, as amicus curiae, supporting neither party)
    Kelsi B. Corkran (for the Respondents)

    Facts of the case (from oyez.org)

    The city of Grants Pass in southern Oregon has a population of approximately 38,000, and of that population, somewhere between 50 and 600 persons are unhoused. Whatever the exact number of unhoused persons, however, it exceeds the number of available shelter beds, requiring that at least some of them sleep on the streets or in parks. However, several provisions of the Grants Pass Municipal Code prohibit them from doing so, including an “anti-sleeping” ordinance, two “anti-camping” ordinances, a “park exclusion” ordinance, and a “park exclusion appeals” ordinance.

    In September 2018, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit decided Martin v. City of Boise, holding that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” While the Grants Pass Municipal Code provisions impose only civil penalties, they still can mature into criminal penalties.

    A district court certified a class of plaintiffs of involuntarily unhoused persons living in Grants Pass and concluded that, based on the unavailability of shelter beds, the City’s enforcement of its anti-camping and anti-sleeping ordinances violated the Cruel and Unusual Punishment Clause. A panel of the Ninth Circuit affirmed, and the Ninth Circuit denied rehearing en banc.


    Question

    Does a city’s enforcement of public camping against involuntarily homeless people violate the Eighth Amendment’s protection against cruel and unusual punishment?

    • 2 hr 25 min

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