Podcast

Law360's The Term: High Court Housekeeping

(January 28, 2021, 8:31 PM EST) -- The U.S. Supreme Court is cleaning house, at least when it comes to its docket. Catch up with Law360's The Term this week, where the team also discusses the chief justice's impeachment dodge and retirement rumors swirling around First Street.

Each week on The Term, Supreme Court reporter Jimmy Hoover and co-host Natalie Rodriguez break down all the high court action.

First up this week, Jimmy and Natalie talk through Chief Justice John Roberts Jr.'s decision not to preside over the Senate impeachment trial of former President Donald Trump. There was no public explanation from Justice Roberts, leaving the team to wonder how the chief justice justified his decision.

With the term approaching the halfway point, the team takes a look at some of the cases that the justices declined to hear this week. Arguably the most notable is the long-running litigation filed against President Trump under the Emoluments Clause of the U.S. Constitution, which the court on Monday has now effectively dismissed as moot. The court also mooted two disputes over since rescinded COVID-19 restrictions on abortion in Tennessee and Texas.

Natalie also discusses the court's decision not to hear an appeal from disgraced former New York State Assembly Speaker Sheldon Silver, who is serving a six and a half year sentence for allegedly receiving millions of dollars in bribes and kickbacks. Jimmy then highlights the significance of the court's decision to duck "Janus Pt. II" litigation, over whether public-sector employees can demand refunds for the "fair share" fees that the Supreme Court held were unconstitutional in its 2017 Janus decision.

Finally, the duo kicks around retirement rumors surrounding Justice Stephen Breyer, who, uncharacteristically, has not yet hired a full slate of clerks for next term, according to prominent legal blogger.

More information about the show can be found here. You can also subscribe on Apple PodcastsStitcherSpotifyGoogle Play and iHeartRadio. And if you like the show, please leave a written review! It helps others find us more easily.

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