Welcome to The Term, a Law360 podcast

The Term is a podcast for the busy U.S. Supreme Court watcher. Give us about 15 minutes each week and we'll catch you up on all the big action at the nation's highest court, along with a list of what to watch in the coming sessions.

Senior Supreme Court reporter Jimmy Hoover in Washington, D.C. and editor-at-large Natalie Rodriguez in New York City cut through a busy docket to focus on the key cases and developments everyone will be talking about.

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Thursday, October 21, 2021

S3, E4: Why Qualified Immunity Seems Here To Stay

The Supreme Court stayed busy this week despite oral arguments, issuing a pair of rulings on Monday that granted qualified immunity to law enforcement officers involved in alleged violations of civil rights. On this week’s episode, we welcome guest Jay Schweikert, an attorney and research fellow with the Cato Institute’s Project on Criminal Justice, to discuss what the rulings mean for the future of the controversial doctrine. Also this week, an update on the latest round of briefs filed at the high court over Texas’ 6-week abortion ban and a deeper dive into why President Joe Biden’s bipartisan commission is at loggerheads over a draft report condemning court-packing proposals.

Full Show (Runtime: 26:17)

Thursday, October 14, 2021

S3, E3: Reinstating The Boston Bomber's Death Sentence

Dzhokhar Tsarnaev was convicted and sentenced to death in 2015 for his role in the deadly Boston Bombings that killed three people and injured nearly 300 others, but last year his sentence was overturned by a First Circuit that found he didn’t receive a fair trial. The case reached the Supreme Court on Wednesday, where the justices grappled with arguments about mitigating evidence and appeared to lean in favor of reinstating his punishment. Law360’s senior Boston courts reporter Chris Villani has followed this case for years and joins The Term podcast to discuss it.

Full Show (Runtime: 20:01)

Thursday, October 7, 2021

S3, E2: Can The CIA Shield Its War On Terror Partners?

The Supreme Court capped its first oral arguments of the term with the case of Abu Zubaydah, the first detainee subjected to CIA torture during the War on Terror. Can Zubaydah collect evidence to hold the CIA's alleged Polish collaborators liable? Journalist Spencer Ackerman joins Law360's The Term to break down the case.

Full Show (Runtime: 30:16)

Thursday, September 30, 2021

S3, E1: Roe, Guns And Religion Headline Justices’ Return

We’re back! With the start of the 2021 SCOTUS term just days away, Law360’s weekly Supreme Court podcast is kicking off its third season by welcoming special guest Amy Howe of SCOTUSblog and Howe on the Court to preview all the blockbuster cases on the docket, from the biggest challenge to Roe v. Wade in 30 years, to a gun rights case that would expand the Second Amendment outside the home, and many more.

Full Show (Runtime: 31:37)

Tuesday, July 6, 2021

S2, E38 Term Finale: A 'Kumbaya Court'? Not So Fast

An uptick in unanimous decisions caught U.S. Supreme Court watchers off-guard this term, but simmering beneath the surface are stark differences among the justices on the direction of the court. We’re talking big takeaways and wrapping up the term this week with the help of Law360 data editor Jackie Bell, who will break down the numbers behind the cases -- including who’s the new “Mr. Majority.”

Full Show (Runtime: 26:58)

Thursday, July 1, 2021

S2, E37: What’s Left Of The Voting Rights Act?

Eight years after its Shelby County decision, the Supreme Court’s conservative majority has once again blunted a key provision of the 1965 Voting Rights Act over the outraged dissents of the liberal minority. This week, the hosts explore the consequences of Brnovich v. DNC and other high court action on the final day of the October 2020 term.

Full Show (Runtime: 22:27)

Thursday, June 24, 2021

S2, E36: Inside The ACLU's Student Speech Victory

When a high school cheerleader posted a profane Snapchat three years ago, she could hardly have known the episode would give rise to the biggest Supreme Court ruling on student free speech rights in half a century. This week, The Term talks to the ACLU’s David Cole, who argued her case, on what the victory means. Also this week, the high court rejects NCAA rules limiting education-related compensation for college athletes, and lands on the side of property rights over organized farm labor in California.

Full Show (Runtime: 26:35)

Thursday, June 17, 2021

S2, E35: ACA Lives, Foster Agency Wins In Blockbuster Day

On this week’s episode of The Term, we break down all the blockbuster decisions handed down Thursday by the Supreme Court, where the Affordable Care Act survived another GOP challenge, Nestle and Cargill defeated claims of aiding child slavery on cocoa farms and the court sided with a Catholic foster agency with a policy of refusing to certify same-sex parents.

Full Show (Runtime: 26:35)

Thursday, June 10, 2021

S2, E34: No Green Cards After Unlawful Entry

The Term team is still waiting for a flood of opinions expected to drop by the end of the month, but that doesn’t mean we had a slow week at the high court. This week we discuss a new case taken up over government surveillance, an unsuccessful challenge to the male-only draft and a major immigration ruling dashing the hopes of many immigrants with "temporary protected status" of obtaining green cards.

Full Show (Runtime: 12:42)

Thursday, June 3, 2021

S2, E33: Computer Misuse Is Not A Federal Crime

A cop who took $5,000 to look up a stripper's license plate information may have broken department protocol and the public trust, but he did not violate federal computer crime law, according to a majority opinion handed down by the Supreme Court on Thursday. On this week’s episode of The Term we explore the closely-watched ruling, plus look at a corporate giant’s failed bid to escape a $2.1 billion product liability judgment.

Full Show (Runtime: 17:55)

Thursday, May 27, 2021

S2, E32: Supreme Court Denies Execution By Firing Squad

The Supreme Court handed down rulings affecting immigrants, Superfund pollution sites and more this week as it works to clear its docket of argued cases before summer recess. Law360's The Term recaps all the latest developments, including a prisoner's failed attempt to be executed by firing squad rather than lethal injection that he says will cause severe pain.

Full Show (Runtime: 19:05)

Thursday, May 20, 2021

S2, E31: The Case That Will Revisit Roe v. Wade

The U.S. Supreme Court took an extraordinary step this week when it agreed to hear a closely watched abortion case that many observers speculate could mean the end of Roe v. Wade, the landmark decision that has protected abortion rights for half a century. On this week’s episode of The Term, we unpack how the case landed on court’s docket and which justices are the most likely targets of advocates when this blockbuster case is argued next year. Also this week: An opinion from Monday that limited the reach of last term’s ruling that convictions by non-unanimous juries are unconstitutional; and a breakdown of some interesting data from the most recent oral argument season.

Full Show (Runtime: 20:56)

Thursday, May 13, 2021

S2, E30: A Conversation About Race And The Supreme Court

In light of a slow news week at the Supreme Court, we take the opportunity on this week’s episode of The Term to welcome guests Vernon Burton and Armand Derfner, the co-authors of a forthcoming book examining the high court’s long, fraught history with race, from the first days of the Republic to the modern day Roberts Court.

Full Show (Runtime: 29:46)

Thursday, May 6, 2021

S2, E29: Goodbye Arguments, Opinion Season Is Upon Us

The Supreme Court heard its final oral argument of the term this week in a criminal case involving sentencing relief for crack offenders that saw some tough questions for the Biden administration. Law360's The Term dives into the case, then looks ahead to some of the biggest decisions that are expected to come by the end of June.

Full Show (Runtime: 16:43)

Thursday, April 29, 2021

S2, E28: Justices Stumped By Cheerleader's Angry Snapchat

The case of a high school cheerleader whose profanity-laced Snapchat led to a suspension landed in front of the Supreme Court this week, where the justices struggled to balance punishment for disruptive online speech while avoiding all-out censorship and student expression. On this week’s episode of The Term we break down the oral argument, as well as a potential landmark gun rights case the high court added to its docket and a “textualist showdown” that played out in an opinion handed down on Thursday involving federal immigration law.

Full Show (Runtime: 20:19)

Thursday, April 22, 2021

S2, E27: Justices Dismantle FTC's Billion-Dollar Weapon

With the stroke of a pen, the Supreme Court on Thursday nixed a legal strategy that the Federal Trade Commission used for many years to return billions of dollars to consumers. Law360's The Term breaks down the ruling—along with a big defeat for juvenile justice reformers and Justice Amy Coney Barrett's eye-popping book deal.

Full Show (Runtime: 19:46)

Thursday, April 15, 2021

S2, E26: Will These Supreme Court 'Reforms' Go Anywhere?

Long a political non-starter, the idea of "court-packing" is now dominating Washington as Democrats in Congress push legislation to add four seats to the Supreme Court and a presidential commission studies the broader issue of court reform. Will these latest efforts go anywhere? Law360's The Term discusses on this week's episode.

Full Show (Runtime: 21:57)

Thursday, April 8, 2021

S2, E25: How Google Beat Oracle After 10-Year Lawsuit

After a decade of litigation, Google has finally defeated a lawsuit from Oracle over the chunks of computer code Google used to develop the Android smartphone platform. This week, The Term welcomes Law360 senior intellectual property reporter Bill Donahue to explain the Supreme Court's ruling in the tech battle and the biggest takeaways from it—plus we also look at one justice's foray into the discourse of regulating Big Tech.

Full Show (Runtime: 21:34)

Thursday, April 1, 2021

S2, E24: NCAA Struggles To Make Case Against Athlete Pay

The spirit of spring has the justices cleaning out their docket this week with decisions on Florida's oyster fisheries, Facebook's class action liability and long-lived media ownership limits. The Term breaks down all the action, plus we take a deep dive into the NCAA's very bad day at the high court over its "amateurism" rules with Law360 senior sports reporter Zach Zagger.

Full Show (Runtime: 26:12)

Thursday, March 25, 2021

S2, E23: Roberts, Gorsuch Spar Over 4th Amendment

The Supreme Court delivered a rare victory for civil rights plaintiffs this week in a case over a police shooting that divided the court's conservative justices. Law360's The Term explores the contentious Fourth Amendment ruling, plus a look at the Boston bomber's death penalty case now facing the court.

Full Show (Runtime: 18:09)

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