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Episodes

Episode 057: Livestream — Looking Back and Looking Ahead

6/29/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I wrap up the term by reviewing some of the Court’s final orders and opinions, I look ahead to this summer and the next term, and I spend some time talking about Justice Kennedy — his career, his … Continue reading Episode 057: Livestream — Looking Back and Looking Ahead

Duration:01:35:43

Episode 056: Livestream — Divided to the End

6/28/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I review the Court’s six decisions in argued cases from the final week of June 2018. These include, among others, Trump v. Hawaii (President Trump’s travel ban), NIFLA v. Becerra (California’s crisis pregnancy center disclosure requirements), and Janus … Continue reading Episode 056: Livestream — Divided to the End

Duration:02:18:43

Episode 055: Livestream — Cell Phone Location Data

6/25/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I review the Court’s decisions issued on June 22, 2018, in four argued cases, including Carpenter v. United States, a case about whether the government can obtain mobile phone location data from carriers without a warrant. Show Notes … Continue reading Episode 055: Livestream — Cell Phone Location Data

Duration:01:45:55

Episode 054: Livestream — Internet Sales Tax and Administrative Law Judges

6/23/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I review the Court’s decisions issued on June 21, 2018, in four argued cases, including Lucia v. SEC, a case about the constitutionality of the appointment of the SEC’s administrative law judges, and South Dakota v. Wayfair, a … Continue reading Episode 054: Livestream — Internet Sales Tax and Administrative Law Judges

Duration:00:59:53

Episode 053: Livestream — Partisan Gerrymandering Anticlimax

6/23/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I take a look at five new cases granted for next term, and I review the Court’s decisions issued on June 18, 2018, in five argued cases, including two cases about partisan gerrymandering, Gill v. Whitford and Benisek … Continue reading Episode 053: Livestream — Partisan Gerrymandering Anticlimax

Duration:01:38:09

Episode 052: Livestream — Voter Purges and Political Badges

6/14/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I explain the Court’s new decisions in five argued cases, including Husted v. A. Philip Randolph Institute, the case about the legality of Ohio’s process for removing names from the voting rolls. Show Notes Correction: Toward the end … Continue reading Episode 052: Livestream — Voter Purges and Political Badges

Duration:01:23:51

Episode 051: Livestream — Unfinished Masterpiece

6/7/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I explain the Court’s new decisions in four argued cases, including Masterpiece Cakeshop v. Colorado Civil Rights Commission, the highly anticipated case about the intersection between anti-discrimination law and the First Amendment’s protections of free exercise of religion … Continue reading Episode 051: Livestream — Unfinished Masterpiece

Duration:01:33:48

Episode 050: Livestream — Curtilage and Restitution

5/31/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I review the Court’s two new opinions in argued cases: Collins v. Virginia and Lagos v. United States. Show Notes News and Developments: Culbertson v. Berryhill: SCOTUSBlog Case Page Order inviting amicus curiae City of Hays, Kansas v. … Continue reading Episode 050: Livestream — Curtilage and Restitution

Duration:00:52:18

Episode 049: Livestream — Class Action Waivers and Immovable Property

5/24/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I review four newly granted cases and two new opinions in argued cases, including Epic Systems v. Lewis, a case about the legality of employment arbitration provisions with class action waivers. Show Notes News and Developments: RBG … Continue reading Episode 049: Livestream — Class Action Waivers and Immovable Property

Duration:01:11:12

Episode 048: Livestream — Sports Betting and Rental Car Searches

5/18/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I review two newly granted cases and five new opinions in argued cases. Show Notes News and Developments: Juan Castillo Petition: Supreme Court Docket Media coverage: Texas Tribune San Antonio Current RBG Movie: Official website Box office … Continue reading Episode 048: Livestream — Sports Betting and Rental Car Searches

Duration:01:11:26

Episode 047: Livestream — Order Lists and Special Masters

5/10/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I answer listener questions about the Court’s Order Lists, Special Masters, and more. Show Notes Death Penalty Stay Application: Robert Butts: Order denying stay application Media coverage: CBS News Atlanta Journal-Constitution Case Developments: WesternGeco LLC v. ION … Continue reading Episode 047: Livestream — Order Lists and Special Masters

Duration:01:03:01

Episode 046: Livestream — Cruel and Unusual Punishment, Class Arbitration, and Cy Pres

5/3/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I talk about three newly granted cases for next term, and I give a broad overview of where we stand in the current term: the opinions we’ve seen so far and the cases we’re still waiting on. … Continue reading Episode 046: Livestream — Cruel and Unusual Punishment, Class Arbitration, and Cy Pres

Duration:01:10:45

Episode 045: Livestream — Inter Partes Review and Alien Torts

4/26/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I look at three new opinions in argued cases and one newly granted case for next term. Show Notes News and developments: Justice Stevens’s 98th Birthday: Media coverage: National Constitution Center Books: Five Chiefs: A Supreme Court … Continue reading Episode 045: Livestream — Inter Partes Review and Alien Torts

Duration:01:15:12

Episode 044: Livestream — Habeas Look Through, Void for Vagueness, and April Week 2 Preview

4/20/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I look at two new opinions in argued cases, and I preview the six cases the Court will be hearing in the second week of the April oral argument session. Show Notes Correction and Update: In this … Continue reading Episode 044: Livestream — Habeas Look Through, Void for Vagueness, and April Week 2 Preview

Duration:01:23:45

Episode 043: Livestream — Gorsuch’s First Year and April Week 1 Preview

4/12/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I look at Justice Gorsuch’s first full year on the Court, and I preview the six cases the Court will be hearing in the first week of the April oral argument session. Show Notes News and Developments: … Continue reading Episode 043: Livestream — Gorsuch’s First Year and April Week 1 Preview

Duration:01:09:44

Episode 042: Livestream — Lack of Quorum, Qualified Immunity, and Service Advisor Overtime

4/5/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I look at the Court’s new 5-4 decision in Encino Motorcars, LLC v. Navarro, a per curiam reversal in Kisela v. Hughes, and other Supreme Court news and developments of the past week. Show Notes News and … Continue reading Episode 042: Livestream — Lack of Quorum, Qualified Immunity, and Service Advisor Overtime

Duration:01:01:45

Episode 041: Livestream — Hall v. Hall, Recusals, and the Shrinking Docket

3/29/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I look at the Court’s latest opinion in Hall v. Hall and recap this week’s news and developments at the Court. Show Notes Death Penalty Stay Applications: Rosendo Rodriguez: Order denying stay Media coverage: CBS News Texas … Continue reading Episode 041: Livestream — Hall v. Hall, Recusals, and the Shrinking Docket

Duration:00:57:55

Episode 040: Livestream — Capital Punishment, Political Gerrymandering, and Sentence Reduction

3/22/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I preview five cases the Court will hear in the second week of March oral arguments, I review three new opinions in argued cases, and I look at one newly granted case and a whole bunch of recent … Continue reading Episode 040: Livestream — Capital Punishment, Political Gerrymandering, and Sentence Reduction

Duration:01:14:09

Episode 039: Livestream — Contract Clause, Compelled Speech, and Tribal Sovereign Immunity

3/16/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I preview three cases the Court will hear in the first week of March oral arguments, and I review other recent developments at the Court. Show Notes Death Penalty Stay Applications: Michael Eggers: Order Denying Stay Media … Continue reading Episode 039: Livestream — Contract Clause, Compelled Speech, and Tribal Sovereign Immunity

Duration:01:02:50

Episode 038: Livestream — Just Compensation and Nondelegation

3/8/2018
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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, I review two new opinions in argued cases, two newly granted cases for next term, and other recent orders from the Court. Show Notes Significant Orders: Henry Schein, Inc. v. Archer & White Sales, Inc. Stay Order … Continue reading Episode 038: Livestream — Just Compensation and Nondelegation

Duration:01:21:20