Podcast
Supreme Court Oral Arguments
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
- Government chart
- #16
- Episodes
- 498
- Releases
- Daily
- Typical length
- 1 hr 18 min
- On air since
- 2018
- Latest episode
- 16 hours ago
Episodes
498 episodes, newest first
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2 hr 2 min
[25-581] St. Mary Catholic Parish v. Roy
Season 2026
Show notes
St. Mary Catholic Parish v. Roy
Argued on Nov 3, 2026.
Petitioner: St. Mary Catholic Parish, Littleton, Colorado.
Respondent: Lisa Roy, in Her Official Capacity as Executive Director of the Colorado Department of Early Childhood.Facts of the case (from oyez.org)
Colorado voters established the Universal Preschool Program (UPK) to provide free preschool services through a “mixed delivery system” of public and private providers. To receive state funds, providers must sign a nondiscrimination agreement that requires them to enroll students regardless of their sexual orientation or gender identity. Two Catholic parishes and the Archdiocese of Denver sought to participate in the program but refused to sign the agreement. They argued that their religious tenets require them to consider the sexual orientation and gender identity of families during admissions to maintain their religious environment.
The schools specifically challenged the program’s “preference system,” which uses an algorithm to match families with schools based on categories like sibling enrollment or congregation membership. They also highlighted a “temporary waiver” provision that allows the state to grant providers extra time to meet certain quality standards. The schools argued that these features create a system of “individualized exemptions” where the state exercises discretion to favor secular interests. Because the state allows these secular preferences while denying a religious exemption to the nondiscrimination rule, the schools contended the program unconstitutionally penalizes them for their religious character.
The district court denied the schools’ request for a permanent injunction, ruling that the nondiscrimination requirement is a neutral and generally applicable law. The U.S. Court of Appeals for the Tenth Circuit affirmed that decision, holding that the state’s program does not grant the type of unfettered discretion that would trigger strict scrutiny.
Question
Does a law lack general applicability under the Free Exercise Clause only if it permits unfettered discretion or secular exemptions, and does the rule against excluding religious institutions from public benefits apply only to explicit government bans on participation?
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56 min
[25-352] Younge v. Fulton Judicial Circuit Dist. Attorney’s Office
Season 2026
Show notes
Younge v. Fulton Judicial Circuit District Attorney's Office, Georgia
Argued on Nov 2, 2026.
Petitioner: Jasmine Younge.
Respondent: Fulton Judicial Circuit District Attorney's Office, Georgia .Facts of the case (from oyez.org)
In April 2019, Fulton County District Attorney Paul Howard — an elected official — hired Dr. Jasmine Younge as Deputy Chief of Staff and Director of Policy and Programs at a salary of $120,282. Younge ranked third in the office's chain of command, reported exclusively to Howard, supervised more than thirty employees, and worked so closely with Howard that he described her as a "key member" and his "go-to person for almost everything." About two months into her tenure, Younge told Howard she was pregnant.
After that announcement, Howard stopped meeting with Younge, excluded her from meetings, treated her dismissively, and reassigned some of her duties — then fired her two weeks later. Younge sued the Fulton County District Attorney's Office for pregnancy discrimination under Title VII. In its answer, the DA's Office raised several affirmative defenses but did not plead the Title VII personal-staff exemption — which excludes from Title VII's coverage persons chosen to serve on an elected official's "personal staff." The DA's Office did not recognize the exemption as relevant until it began preparing its summary judgment motion, after discovery had already closed.
The district court allowed the DA's Office to raise the personal-staff exemption for the first time at summary judgment, finding no prejudice to Younge from the late assertion, and granted summary judgment to the DA's Office on that basis; Younge then appealed to the U.S. Court of Appeals for the Eleventh Circuit, which affirmed.
Question
May a defendant raise an affirmative defense it never pleaded in its answer as the sole basis for a summary judgment motion — without seeking to amend its answer — and does it matter that the court's scheduling order deadline would have barred any such amendment?
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1 hr 4 min
[25-5930] Maxwell v. Dinis
Season 2026
Show notes
Maxwell v. Dinis
Justia · Docket · oyez.org · YouTube
Argued on Nov 2, 2026.
Petitioner: William Maxwell.
Respondent: Sandra Dinis, Acting Warden.Facts of the case (from oyez.org)
William Maxwell is a federal prisoner housed at FCI Beaumont Low in Texas. In 2020, Maxwell asked prison officials to transfer him to a halfway house or home confinement, invoking several laws including the First Step Act's earned time credit provisions, which require the Bureau of Prisons (BOP) to apply credits prisoners earn through participation in rehabilitation programs toward earlier placement in prerelease custody. The BOP responded only to Maxwell's request under the separate CARES Act and denied it, ignoring his First Step Act arguments entirely. After Maxwell pushed through the BOP's administrative grievance process — a process he contends the BOP actively obstructed by losing filings, failing to respond, and submitting a false declaration claiming he never raised First Step Act claims — he filed a federal habeas corpus petition under 28 U.S.C. § 2241 seeking transfer to a halfway house or home confinement based on his earned First Step Act time credits.
The district court dismissed Maxwell's petition, ruling he had failed to exhaust his administrative remedies on his First Step Act claims. Maxwell appealed to the U.S. Court of Appeals for the Fifth Circuit, which sua sponte affirmed dismissal on a different ground — holding under its own bright-line rule that because a favorable ruling would not automatically accelerate Maxwell's release from prison, a civil rights lawsuit, not a habeas petition, was the only proper vehicle for his claims.
Question
Can a federal prisoner use a habeas corpus petition to challenge the government's calculation of First Step Act time credits in order to seek an earlier transfer to a halfway house or home confinement?
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1 hr 25 min
[25-459] Salazar v. Paramount Global
Season 2026
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1 hr 54 min
[25-5343] Beaird v. United States
Season 2026
Show notes
Beaird v. United States
Justia · Docket · oyez.org · YouTube
Argued on Oct 13, 2026.
Petitioner: Kendrick Jarrell Beaird.
Respondent: United States of America.Facts of the case (from oyez.org)
Kendrick Jarrell Beaird pleaded guilty to possessing a firearm as a convicted felon. During sentencing, the district court applied a penalty enhancement under the Federal Sentencing Guidelines because Beaird possessed a “large capacity magazine.” While the text of the Guidelines does not define that term, the accompanying official Commentary specifies that any magazine capable of holding more than 15 rounds triggers the increased penalty.
Beaird possessed a magazine that held 17 rounds. He argued that the district court erred by relying on the Commentary to define a term missing from the actual Guidelines. This challenge focuses on the level of deference courts must grant to supplemental Commentary, especially when that Commentary expands the scope of sentencing enhancements beyond the written text of the Guidelines.
The district court sentenced Beaird to 72 months in prison and three years of supervised release. The U.S. Court of Appeals for the Fifth Circuit affirmed the sentence, holding that prior circuit precedent foreclosed Beaird’s challenge to the court’s reliance on the Guidelines commentary.
Question
Does Stinson v. United States still correctly state the rule for deference that courts must give the Commentary of the Federal Sentencing Guidelines?
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1 hr 16 min
[25-579] Department of Air Force v. Prutehi Guahan
Season 2026
Show notes
Department of the Air Force v. Prutehi Guahan
Argued on Oct 7, 2026.
Petitioner: Department of the Air Force.
Respondent: Prutehi Guahan.Facts of the case (from oyez.org)
The U.S. Air Force operates Andersen Air Force Base at the northern tip of Guam, adjacent to Tarague Beach—a coastal area that sits above Guam's sole-source drinking-water aquifer and serves as habitat for endangered sea turtles. Since 1982, the Air Force has disposed of hazardous waste munitions at Tarague Beach through open burning and open detonation (OB/OD) operations, a method that involves igniting or exploding ordnance in open air. Under the Resource Conservation and Recovery Act (RCRA), the Air Force must obtain a permit every three years from the Guam Environmental Protection Agency (Guam EPA), which has administered RCRA on the island since 1986. The Air Force has renewed that permit on a triennial cycle without interruption.
When its most recent permit approached expiration in September 2021, the Air Force submitted a renewal application to Guam EPA in May 2021—without first preparing any environmental review under the National Environmental Policy Act (NEPA). The application described planned OB/OD operations for 2021 through 2024 and proposed restarting open burning, which had been inactive since at least the early 2000s. The Air Force conducted no environmental impact statement, no environmental assessment, and offered no public comment opportunity before committing to that plan. Guam EPA accepted the application, held a public comment period, and issued a preliminary notice neither approving nor denying the application while it reviewed public comments. Meanwhile, under RCRA's automatic-extension provision, the Air Force continued OB/OD operations under its 2018 permit while the renewal remained pending.
Prutehi Litekyan filed suit in the District Court of Guam in January 2022, alleging that the Air Force violated NEPA by submitting its RCRA permit renewal application without conducting the required environmental review; the district court granted the Air Force's motion to dismiss on three grounds—lack of standing, absence of final agency action, and failure to state a claim—and Prutehi Litekyan timely appealed to the U.S. Court of Appeals for the Ninth Circuit, which reversed all three holdings.
Question
1. When the federal government submits a permit application to continue disposing of hazardous waste, does that submission count as a final, reviewable government decision under federal law?
2. Before submitting that permit application, must the federal government first conduct the broad environmental review that federal law generally requires—even though the hazardous waste permitting process already includes its own, more limited environmental review?
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1 hr 1 min
[25-498] Anderson v. Intel Corp. Investment Policy Committee
Season 2026
Show notes
Oral argument for Anderson v. Intel Corp. Investment Policy Committee, argued on October 06, 2026.
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1 hr 7 min
[25-735] Johnson v. United States Congress
Season 2026
Show notes
Johnson v. United States Congress
Justia · Docket · oyez.org · YouTube
Argued on Oct 5, 2026.
Petitioner: Floyd D. Johnson.
Respondent: United States Congress.Facts of the case (from oyez.org)
Floyd D. Johnson, a United States Army veteran, began receiving disability benefits for service-related post-traumatic stress disorder while serving a 40-year prison sentence in Florida. Although the Veterans Benefits Administration initially approved a high level of compensation, it later reduced Johnson’s monthly payments to a 10 percent rate. The agency cited a federal law, 38 U.S.C. § 5313, which limits disability compensation for veterans incarcerated for more than 60 days following a felony conviction.
Johnson filed a lawsuit against the United States Congress in federal district court to challenge the constitutionality of the benefits reduction law. He argued that the statute acted as an unconstitutional “bill of attainder”—a law that unfairly targets specific individuals for punishment—and violated the Equal Protection component of the Fifth Amendment. Johnson requested a court order to stop the government from reducing benefits for incarcerated veterans and sought retroactive pay for the withheld funds.
The district court dismissed Johnson’s complaint as frivolous after assuming it had jurisdiction to hear his constitutional claims. On appeal, the U.S. Court of Appeals for the Eleventh Circuit vacated that judgment and ordered the case dismissed for lack of jurisdiction, ruling that the Veterans’ Judicial Review Act strips district courts of the power to hear such challenges.
Question
Did the Veterans’ Judicial Review Act stripp district courts of the jurisdiction, recognized by this court in Johnson v. Robison, to hear challenges to the constitutionality of acts of Congress affecting veterans’ benefits?
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1 hr 47 min
[25-170] Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County
Season 2026
Show notes
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County
Argued on Oct 5, 2026.
Petitioner: Suncor Energy (U.S.A.) Inc.
Respondent: County Commissioners of Boulder County.Facts of the case (from oyez.org)
Boulder County and the City of Boulder (collectively, "Boulder") sued Exxon Mobil Corporation and three Suncor Energy entities, alleging that the companies' decades-long production, promotion, refining, marketing, and sale of fossil fuels knowingly drove climate change and caused concrete harm to Boulder's property and residents. Boulder further alleges that the defendants compounded this harm by intentionally misleading the public about fossil fuels' role in accelerating climate change. The alleged injuries include flood damage, increased wildfire risk, drought, and physical damage to public buildings and infrastructure—costs Boulder claims it has absorbed and will continue to absorb.
To recover those costs, Boulder asserts state common law claims for public nuisance, private nuisance, trespass, unjust enrichment, and civil conspiracy. Critically, Boulder seeks only monetary damages—not an injunction against fossil fuel operations or any form of emissions regulation. The defendants argue that these state-law claims are precluded because federal law—specifically the Clean Air Act, the federal common law of interstate pollution, and the federal foreign affairs power—occupies the field and bars state courts from adjudicating harms rooted in interstate and international greenhouse-gas emissions.
Boulder filed suit in state court; the defendants removed the case to federal court, but after extensive litigation that included appeals to the U.S. Court of Appeals for the Tenth Circuit and two certiorari petitions in the U.S. Supreme Court, the Tenth Circuit affirmed the remand order and the case returned to the Boulder County District Court, which denied the defendants' motion to dismiss on preemption grounds. The defendants then petitioned the Supreme Court of the State of Colorado for extraordinary review under C.A.R. 21, which that court accepted and resolved in Boulder's favor on May 12, 2025.
Question
1. Does the Court have statutory and Article III jurisdiction to hear this case?
2. Does federal law preclude state-law claims seeking relief for injuries allegedly caused by the effects of interstate and international greenhouse-gas emissions on the global climate?
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1 hr
[24-889] Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.
Season 2025
Show notes
Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.
Argued on Apr 29, 2026.
Petitioner: Hikma Pharmaceuticals USA Inc.
Respondent: Amarin Pharma, Inc.Advocates:
• Charles B. Klein (for the Petitioners)
• Malcolm L. Stewart (for the United States, as amicus curiae, supporting the Petitioners)
• Michael R. Huston (for the Respondents)Facts of the case (from oyez.org)
Amarin Pharma markets icosapent ethyl under the brand name Vascepa. In 2012, the FDA approved Vascepa for treating severe hypertriglyceridemia (the SH indication), which affects patients with blood triglyceride levels of at least 500 mg/dL. In 2019, following additional research and clinical trials, the FDA approved Vascepa for a second use: reducing cardiovascular risk in patients with triglyceride levels of at least 150 mg/dL (the CV indication). Amarin listed two patents covering the CV indication in the FDA’s Orange Book.
In 2016, Hikma Pharmaceuticals submitted an Abbreviated New Drug Application seeking approval for a generic version of icosapent ethyl. When the CV indication was approved in 2019, Hikma filed a “section viii statement” seeking FDA approval only for the SH indication by “carving out” the patented CV indication from its label—creating a “skinny label.” The FDA approved Hikma’s ANDA in May 2020. Throughout 2020, Hikma issued press releases referring to its product as the “generic version” or “generic equivalent” of Vascepa, describing Vascepa as indicated “in part” for the SH indication, and citing Vascepa sales figures (over $1 billion annually) that were attributable primarily to the CV indication. Hikma also marketed its product on its website under the therapeutic category “Hypertriglyceridemia” and as “AB” rated, though with a disclaimer that it was approved for fewer indications than Vascepa.
In November 2020, Amarin sued Hikma for induced infringement of its CV indication patents. The U.S. District Court for the District of Delaware granted Hikma’s motion to dismiss. The U.S. Court of Appeals for the Federal Circuit reversed, finding that Amarin’s allegations—based on Hikma’s skinny label combined with its press releases and marketing materials—plausibly stated a claim for induced infringement.
Question
1. When a generic drug manufacturer excludes a patented use from its label, can it still be liable for inducing infringement if it calls its product a “generic version” of the brand-name drug and cites publicly available information about the brand-name drug’s sales?
2. Can a patent infringement complaint survive dismissal if it does not allege that the defendant made any statement specifically instructing or encouraging the patented use?
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1 hr 46 min
[25-1083] Mullin v. Doe
Season 2025
Show notes
Mullin v. Doe
Argued on Apr 29, 2026.
Petitioner: Markwayne Mullin, Secretary, Department of Homeland Security.
Respondent: Dahlia Doe.Advocates:
• D. John Sauer (for the Petitioners)
• Ahilan T. Arulanantham (for the Respondents in Case No. 25-1083)
• Geoffrey M. Pipoly (for the Respondents in Case No. 25-1084)Facts of the case (from oyez.org)
Congress created the Temporary Protected Status (TPS) program to allow foreign nationals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions to live and work legally in the United States on a temporary basis. Federal law requires the Secretary of Homeland Security to periodically review conditions in each designated country and, after consulting with other government agencies, determine whether those conditions still justify protection. Syria has held TPS designation for years, shielding its nationals from deportation to a country ravaged by civil war and humanitarian crisis.
Shortly after taking office in January 2025, President Trump issued Executive Order 14159, directing the Secretary to aggressively limit TPS designations. Secretary Kristi Noem then terminated TPS for Syria on September 19, 2025, with an effective date of November 21, 2025 — giving roughly 6,100 Syrian TPS holders weeks to lose their legal status, work authorization, and protection from deportation. Seven Syrian nationals with family ties in the United States sued, arguing that the termination violated federal immigration law, was arbitrary and capricious, and reflected discriminatory animus rather than a genuine, good-faith review of conditions in Syria.
The district court granted the plaintiffs' motion and postponed the termination effective November 19, 2025; the government appealed and moved to stay that order, but the U.S. Court of Appeals for the Second Circuit denied the stay on February 17, 2026, concluding that the government had not demonstrated a likelihood of success on the merits or irreparable harm.
Question
Did the Trump administration lawfully end the Temporary Protected Status program for Syrian nationals?
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1 hr 57 min
[24-856] Cisco Systems, Inc. v. Doe I
Season 2025
Show notes
Cisco Systems, Inc. v. Doe I
Argued on Apr 28, 2026.
Petitioner: Cisco Systems, Inc.
Respondent: Doe I.Advocates:
• Kannon K. Shanmugam (for the Petitioners)
• Curtis E. Gannon (for the United States, as amicus curiae, supporting the Petitioners)
• Paul L. Hoffman (for the Respondents)Facts of the case (from oyez.org)
Beginning in the 1990s, the Chinese Communist Party initiated a campaign of persecution—referred to as “douzheng”—against practitioners of Falun Gong, a spiritual discipline derived from Buddhism that grew rapidly in popularity across China. In 1999, the Party formally sought to eliminate Falun Gong through detention, forced conversion, and torture, designating it an illegal organization. To support these efforts, the Chinese authorities envisioned a nationwide surveillance system named the “Golden Shield,” designed to monitor online activity, identify practitioners, and facilitate their apprehension. Because China lacked the necessary technological infrastructure, Chinese officials sought help from Western firms. Cisco Systems, Inc., a U.S.-based tech company, allegedly responded with enthusiasm: from its headquarters in San Jose, California, Cisco pursued contracts, developed Golden Shield software and hardware, and provided training and support to Chinese security officers. Plaintiffs alleged that without Cisco’s technology—including advanced databases, real-time monitoring systems, and network optimization tools—Chinese authorities could not have effectively tracked, detained, or tortured Falun Gong adherents.
Plaintiffs in this case include thirteen Chinese nationals and one U.S. citizen, Charles Lee, who claim they were targeted using Cisco’s technology and then detained, tortured, and subjected to psychological and physical abuse. Some plaintiffs reported multiple detentions and long-term surveillance; others described instances of torture facilitated by personalized information drawn from Golden Shield databases. Several allege that the abuses led to the deaths of family members. They contend that the design, development, and optimization of Cisco’s technology—and its tailored marketing to support Falun Gong persecution—enabled widespread human rights abuses undertaken by Chinese state and Party officials.
The plaintiffs filed suit in the U.S. District Court for the Northern District of California in 2011, bringing claims under the Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA). The district court dismissed all claims, finding them insufficiently connected to the United States and lacking the necessary legal support for aiding and abetting liability. The U.S. Court of Appeals for the Ninth Circuit reversed in part, holding that aiding and abetting liability is actionable under both the ATS and the TVPA and that the plaintiffs plausibly alleged Cisco’s knowing participation in a domestic context.
Question
Does either the Alien Tort Statute or the Torture Victim Protection Act allow a judicially-implied private right of action for aiding and abetting?
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1 hr 14 min
[24-1068] Monsanto Company v. Durnell
Season 2025
Show notes
Monsanto Company v. Durnell
Argued on Apr 27, 2026.
Petitioner: Monsanto Company.
Respondent: John L. Durnell.Advocates:
• Paul D. Clement (for the Petitioner)
• Sarah M. Harris (for the United States, as amicus curiae, supporting the Petitioner)
• Ashley C. Keller (for the Respondent)Facts of the case (from oyez.org)
John L. Durnell used Monsanto’s product Roundup, a herbicide containing the active ingredient glyphosate. Durnell subsequently developed non-Hodgkin’s lymphoma, which he alleged was caused by his exposure to Roundup and glyphosate. In January 2019, Durnell sued Monsanto, asserting claims for strict liability defective design, strict liability failure to warn, and negligence. Durnell claimed that Monsanto should have included a cancer warning on Roundup’s label to alert users to the risk of developing non-Hodgkin's lymphoma from glyphosate exposure.
After a jury trial in September 2023 in the Circuit Court of the City of St. Louis, the jury found in favor of Durnell on his strict liability failure to warn claim and awarded him $1.25 million in compensatory damages, but ruled for Monsanto on the defective design and negligence claims. Monsanto moved for judgment notwithstanding the verdict, arguing that federal law—specifically the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)—both expressly and impliedly preempted Durnell’s failure to warn claim. The trial court denied the motion, and Monsanto appealed to the Missouri Court of Appeals, Eastern District, which affirmed the judgment.
Question
Does the Federal Insecticide, Fungicide, and Rodenticide Act preempt a label-based failure-to-warn claim where EPA has not required the warning?
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2 hr
[25-112] Chatrie v. United States
Season 2025
Show notes
Chatrie v. United States
Argued on Apr 27, 2026.
Petitioner: Okello T. Chatrie.
Respondent: United States of America.Advocates:
• Adam G. Unikowsky (for the Petitioner)
• Eric J. Feigin (for the Respondent)Facts of the case (from oyez.org)
Okello Chatrie was arrested in connection with the armed robbery of a bank in Richmond, Virginia, where an individual entered the Call Federal Credit Union, threatened employees and patrons with a handgun, and escaped with $195,000. The robbery was captured by surveillance footage, which showed the perpetrator appearing to talk on a cellphone. Lacking viable leads, Detective Joshua Hylton applied for a “geofence warrant” in June 2019. This novel form of warrant compelled Google to provide location data for all devices that had been near the robbery site within a one-hour window around the time of the crime. The geofence specified a 150-meter radius centered on the bank, encompassing not only the crime scene but also public streets, private residences, a hotel, a church, and a restaurant.
Google responded with anonymized location data of devices within the geofence during the specified time. The government then requested two additional sets of data from Google: (1) expanded location data from nine of the original nineteen users, covering movements outside the geofence over a longer timeframe, and (2) identifying information for three of those users. One account belonged to Chatrie. Based on this data, law enforcement identified him as the suspect, arrested him, and charged him in federal court.
Chatrie moved to suppress the location data obtained through the geofence warrant, arguing that it violated the Fourth Amendment. The U.S. District Court for the Eastern District of Virginia held that the warrant likely violated the Fourth Amendment but declined to suppress the evidence under the good-faith exception. The U.S. Court of Appeals for the Fourth Circuit, sitting en banc, affirmed the district court’s denial of the suppression motion. While the panel sharply disagreed both on whether a Fourth Amendment search had occurred and whether the warrant was constitutionally valid, all judges agreed that any defect was ultimately excused under the good-faith exception.
Question
Did the execution of the geofence warrant violate the Fourth Amendment?
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1 hr 30 min
[25-429] Blanche v. Lau
Season 2025
Show notes
Blanche v. Lau
Argued on Apr 22, 2026.
Petitioner: Todd Blanche, Acting Attorney General.
Respondent: Muk Choi Lau.Advocates:
• Sopan Joshi (for the Petitioner)
• Shay Dvoretzky (for the Respondent)Facts of the case (from oyez.org)
Muk Choi Lau, a native and citizen of China, was admitted to the United States as a lawful permanent resident on September 7, 2007, after several years of traveling to the country as a nonimmigrant. On May 7, 2012, Lau was charged in New Jersey with third-degree trademark counterfeiting. While awaiting trial, he left the United States for a brief period. Upon returning on June 15, 2012, he presented himself at John F. Kennedy International Airport as a returning lawful permanent resident. However, because of his pending charge, immigration authorities declined to admit him outright and instead paroled him into the country pursuant to 8 U.S.C. § 1182(d)(5)(A). Over a year later, in June 2013, Lau pleaded guilty to the counterfeiting charge and was sentenced to two years’ probation.
The Department of Homeland Security initiated removal proceedings against Lau in March 2014, charging him with inadmissibility under 8 U.S.C. § 1182(a)(2)(A)(i)(I) for having been convicted of a crime involving moral turpitude (CIMT). Lau argued that he should not have been treated as an arriving alien at the time of reentry and that he was eligible for a discretionary waiver under 8 U.S.C. § 1182(h). The immigration judge rejected both claims, and the Board of Immigration Appeals affirmed. Lau petitioned for review, arguing primarily that DHS lacked clear and convincing evidence to treat him as an applicant for admission on reentry merely due to a then-pending charge. The U.S. Court of Appeals for the Second Circuit agreed, holding that DHS erred in treating Lau as inadmissible based solely on unproven allegations at the time of reentry and granted his petition.
The immigration judge ordered removal in 2018, and the Board of Immigration Appeals upheld that decision in 2021. The Second Circuit vacated the removal order in 2025 and remanded the case to terminate proceedings under the inadmissibility ground, reserving the possibility of future removal under a deportability provision.
Question
To remove a lawful permanent resident who committed an offense listed in Section 1182(a)(2) and was subsequently paroled into the United States, must the government prove that it possessed clear and convincing evidence of the offense at the time of the lawful permanent resident’s last reentry into the United States?
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1 hr 25 min
[25-406] Federal Communications Commission v. AT&T, Inc.
Season 2025
Show notes
Federal Communications Commission v. AT&T, Inc.
Argued on Apr 21, 2026.
Petitioner: Federal Communications Commission, et al.
Respondent: AT&T, Inc. .Advocates:
• Jeffrey B. Wall (for AT&T, Inc. and Verizon Communications Inc.)
• Vivek Suri (for the FCC, et al.)Facts of the case (from oyez.org)
Between 2014 and 2019, AT&T operated a location-based services program in which it collected and shared its customers’ mobile location data with third-party service providers such as Life Alert and AAA. To provide this data, AT&T contracted with “location aggregators,” who in turn resold the data to service providers. AT&T required those providers to obtain customer consent for each location request and reviewed their procedures, but it did not directly verify customer consent before transferring data. In 2018, news reports began revealing that some service providers misused or failed to adequately protect customers’ location data. In response, AT&T halted access for those providers, and by March 2019, shuttered the entire location-data program.
Prompted by these reports, the Federal Communications Commission (FCC) initiated an investigation and in 2020 issued a Notice of Apparent Liability (NAL), proposing a $57 million fine for AT&T’s purported violations of Section 222 of the Communications Act of 1934 and corresponding FCC regulations. AT&T challenged the classification of location data as “customer proprietary network information” (CPNI), asserted it had acted reasonably, and raised constitutional objections. After reviewing AT&T’s written response, the FCC rejected its defenses and issued a forfeiture order. Significantly, the FCC imposed the fine without a hearing or trial; AT&T’s only opportunity to respond occurred through written submissions to the agency.
AT&T paid the fine and petitioned the U.S. Court of Appeals for the Fifth Circuit for review. The Fifth Circuit vacated the forfeiture order, holding that the FCC’s in-house enforcement process violated AT&T’s rights under Article III and the Seventh Amendment.
Question
Are provisions of the Communications Act of 1934 that govern the Federal Communications Commission’s assessment and enforcement of monetary forfeitures consistent with the Seventh Amendment and Article III?
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1 hr 2 min
[25-197] T. M. v. University of Maryland Medical System Corporation
Season 2025
Show notes
T. M. v. University of Maryland Medical System Corporation
Argued on Apr 20, 2026.
Petitioner: T. M.
Respondent: University of Maryland Medical System Corporation.Advocates:
• Elizabeth B. Prelogar (for the Petitioner)
• Lisa S. Blatt (for the Respondents)Facts of the case (from oyez.org)
In March 2023, T.M., a woman with a rare medical condition that triggers psychosis upon consuming gluten, was involuntarily committed to Baltimore Washington Medical Center after an episode. Her treating psychiatrist sought and received state approval to forcibly administer antipsychotic medication; T.M. contested this but was unsuccessful in administrative proceedings. Independent psychiatrists later stated that T.M. no longer required inpatient care. To secure her release, T.M. and the hospital negotiated an oral agreement, which was formalized as a state court consent order. The order allowed her to leave the hospital on the condition that she comply with ongoing psychiatric treatment and medications, switch providers, and drop pending lawsuits. Her parents, J.M. and A.M., were also bound to notify authorities if she failed to comply.
Ten days later, represented by new counsel, T.M. and her parents filed the present federal lawsuit claiming that the consent order was unconstitutional and entered under duress. They challenged the order as violating T.M.’s due process rights and sought declaratory and injunctive relief invalidating its enforcement. They did not request damages or challenge the initial commitment decisions.
The U.S. District Court for the District of Maryland dismissed the lawsuit. It held that T.M.’s claims were barred by the Rooker-Feldman doctrine, which prevents parties who lose in state courts from challenging injuries caused by state-court judgments, because they amounted to a request for federal review of a state court judgment. It also dismissed the parents’ claims for failure to state a constitutional violation. The U.S. Court of Appeals for the Fourth Circuit affirmed, concluding that T.M. was a “state-court loser” seeking to undo a state judgment still reviewable in Maryland courts. Nonetheless, it remanded for the district court to modify T.M.’s dismissal to be without prejudice, due to lack of jurisdiction.
Question
Can the Rooker-Feldman doctrine, which prevents parties who lose in state courts from challenging injuries caused by state-court judgments, be triggered by a state-court decision that remains subject to further review in state court?
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1 hr 11 min
[25-466] Sripetch v. SEC
Season 2025
Show notes
Sripetch v. SEC
Argued on Apr 20, 2026.
Petitioner: Ongkaruck Sripetch.
Respondent: Securities and Exchange Commission.Advocates:
• Daniel L. Geyser (for the Petitioner)
• Malcolm L. Stewart (for the Respondent)Facts of the case (from oyez.org)
From at least 2013 to 2019, Ongkaruck Sripetch participated in a series of fraudulent securities schemes involving at least 20 microcap, or “penny,” stock companies. Working alongside various associates and through multiple entities, Sripetch acquired discounted shares of small-cap companies and then secretly funded promotional campaigns to inflate their stock prices before selling his own holdings into the artificially heightened market—a practice known as stock scalping. He also engaged in unregistered sales of securities, most notably through control of a company called Abby Inc., and manipulated trading in another company, VMS Rehab Systems, through matched trades and wash trades designed to create the illusion of market activity. Later, he organized pump-and-dump schemes for Argus Worldwide stock, using matched trading to build trading volume before dumping shares after promotions without disclosing his intent to sell.
In 2020, the U.S. Securities and Exchange Commission (SEC) filed a civil enforcement action against Sripetch and others. In 2023, Sripetch consented to a bifurcated judgment, agreeing to the SEC’s allegations for the purposes of remedies. The U.S. District Court for the Southern District of California found him liable for $2.25 million in disgorgement and over $1 million in interest. On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed that the SEC may obtain disgorgement under 15 U.S.C. §§ 78u(d)(5) and (d)(7) without showing that investors suffered pecuniary harm, joining a circuit split on this question.
Question
May the SEC seek equitable disgorgement under 15 U.S.C. §§ 78u(d)(5) and (d)(7) without showing investors suffered pecuniary harm?
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2 hr 8 min
[25-365] Trump v. Barbara
Season 2025
Show notes
Trump v. Barbara
Justia · Docket · oyez.org · YouTube
Argued on Apr 1, 2026.
Petitioner: Donald J. Trump, President of the United States.
Respondent: Barbara.Advocates:
• D. John Sauer (for the Petitioners)
• Cecillia D. Wang (for the Respondents)Facts of the case (from oyez.org)
On January 20, 2025, President Donald J. Trump issued Executive Order No. 14,160, titled “Protecting the Meaning and Value of American Citizenship,” which declared that individuals born in the United States are not U.S. citizens at birth if their parents lack sufficient legal status. Specifically, the order directs federal agencies not to recognize citizenship claims for children born after February 20, 2025, if: (1) the mother was unlawfully present in the U.S. and the father was neither a U.S. citizen nor a lawful permanent resident (LPR), or (2) the mother’s presence in the U.S. was lawful but temporary and the father was not a U.S. citizen or LPR. The order was issued on the alleged basis that the Fourteenth Amendment’s Citizenship Clause does not confer birthright citizenship on such children because they are not “subject to the jurisdiction” of the United States in the constitutional sense.
Three families challenged the order on behalf of themselves and similarly situated individuals. One class representative is Barbara, a Honduran asylum applicant whose child is due in October 2025. Another is Susan, a Taiwanese citizen in the country on a student visa whose daughter was born in April 2025; her child’s passport application was in progress at the time of the suit. The third is Mark, a Brazilian applicant for permanent residence whose son was born in March 2025 and initially received a U.S. passport. These families filed suit under pseudonyms, alleging that the Executive Order unlawfully strips their children of citizenship guaranteed by the Fourteenth Amendment and 8 U.S.C. § 1401(a). They seek to preserve access to citizenship-related benefits including Social Security, SNAP, and Medicaid.
The U.S. District Court for the District of New Hampshire issued a preliminary injunction and provisionally certified a nationwide class of children affected by the order. The court held that the plaintiffs were likely to succeed on the merits of their constitutional and statutory claims. That decision was appealed to the U.S. Court of Appeals for the First Circuit, and before a ruling from that court, the Supreme Court granted certiorari before judgment.
Question
Is a presidential executive order that denies U.S. birthright citizenship to children born in the United States because their parents are unlawfully present or in the country on temporary visas consistent with the Citizenship Clause of the Fourteenth Amendment and 8 U.S.C. § 1401(a)?
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1 hr 50 min
[24-7351] Pitchford v. Cain
Season 2025
Show notes
Pitchford v. Cain
Argued on Mar 31, 2026.
Petitioner: Terry Pitchford.
Respondent: Burl Cain, Commissioner, Mississippi Department of Corrections.Advocates:
• Joseph J. Perkovich (for the Petitioner)
• Scott G. Stewart (for the Respondents)
• Emily M. Ferguson (for the United States, as amicus curiae, supporting the Respondents)Facts of the case (from oyez.org)
Terry Pitchford was convicted of capital murder and sentenced to death for his involvement in the 2004 armed robbery and killing of Reuben Britt, a store owner in Grenada County, Mississippi. At the time of the crime, Pitchford was 18 years old. He confessed to participating in the robbery, although the fatal shot was fired by his accomplice. At Pitchford’s 2006 trial in the Grenada County Circuit Court, the jury was selected from a pool that included 36 white and five Black potential jurors. The prosecution used peremptory strikes to remove four of the five Black prospective jurors. Pitchford’s counsel raised a Batson objection, alleging that the strikes were racially discriminatory.
The trial court found Pitchford had made a prima facie showing of discrimination and required the prosecution to provide race-neutral reasons for each strike. The prosecutor cited explanations such as the venirepersons’ criminal histories, perceived mental health issues, or similarities to the defendant. The trial judge accepted those explanations and allowed the strikes, ultimately empaneling a jury that included only one Black juror. Pitchford’s counsel sought to preserve Batson-related objections during a bench conference, emphasizing the racial composition of the jury and the county, but did not conduct a further comparative analysis or expressly argue that the prosecution’s stated reasons were pretextual.
Pitchford’s conviction and sentence were affirmed on direct appeal by the Mississippi Supreme Court, which held that any pretext arguments had been waived for failure to raise them clearly at trial. A federal district court later granted habeas relief, but the U.S. Court of Appeals for the Fifth Circuit reversed, ruling the Mississippi Supreme Court had reasonably applied Batson and its waiver rule. The U.S. Supreme Court granted certiorari, limited to the question of whether the Mississippi Supreme Court unreasonably determined, under AEDPA, that Pitchford waived his right to rebut the prosecution’s race-neutral justifications for the challenged juror strikes.
Question
Did the Mississippi Supreme Court unreasonably decide—under the standards set by federal habeas law—that Terry Pitchford gave up his right to argue that the prosecutor’s explanations for striking four Black jurors were false or racially biased?
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