OT2018 #18: "Rorschach Test"

FromFirst Mondays

Start listening View podcast show

OT2018 #18: "Rorschach Test"

FromFirst Mondays

ratings:

Length:

70 minutes

Released:

Feb 11, 2019

Format:

Podcast episode

Description

We thought it'd be a quiet week, but the Supreme Court had other plans. Amy Howe joins to catch us up on the news. We also get a taste of American University law professor Robert Tsai's new book, Practical Equality.

Released:

Feb 11, 2019

Format:

Podcast episode

Titles in the series (100)

First Mondays is an entertaining podcast about the Supreme Court.

Skip carousel

OT2016 #5: "Why Do We Wear Robes?": Justice Breyer's got theories about fashion, and the First Mondays team is on it. This week, we begin with the special meeting of the Supreme Court's bar to honor Justice Scalia, and the Chief Justice's courtesy vote to stay an execution. We also discuss by First Mondays
90 min listen
OT2016 #2: "The Worst Part About Being a Supreme Court Justice": Ian and Dan recap the first week back at the Supreme Court, including Justice Breyer's strange theories about Kim Kardashian. by First Mondays
78 min listen
OT2016 #9: "What's Not on That February Calendar": In this holiday bonus episode of First Mondays, we introduce our new producer, Melody Rowell. We also break down the Court's new grants, the release of the February calendar, and the supplemental briefing order in Jennings. by First Mondays
26 min listen
OT2016 #7: "Do We Even Really Know the Name?": The holiday season is in full swing—with the first opinion announcement of the year. by First Mondays
79 min listen
OT2016 #27: "Not Respectfully": We couldn't possibly keep it short for the last recap episode of OT2016. We all know the last week of the term means all the blockbuster opinions get announced, and we're here to help you make sense of them. And for Trinity Lutheran and the travel ban, we by First Mondays
123 min listen
OT2016 #18: "Not Exactly Mr. Bluebook": It's the beginning of the end of OT2016— the first week of the last sitting of the year. We're coming at you with two big previews. First, what do old tires and religious expression have to do with each other? Oh, only the biggest case of the year, probab by First Mondays
72 min listen
OT2016 #21: "Good Snake": As we ease into the argument-free season of the term, we recap some grants, take a look at the opinion in Bank of American Corp. v. Miami, and relish a great hotline call full of 90s clerking gossip. And speaking of gossip, what's the deal with Justice Go by First Mondays
50 min listen
OT2016 #10: "You Would Wear a Stroller": The Supreme Court is (finally) back in session, and Dan and Ian are ready with previews of Expressions Hair Design v. Schneiderman, and Nelson v. Colorado. They'll also talk to Gabe Roth of Fix the Court about Chief Justice Robert's recent controversial r by First Mondays
62 min listen
OT2016 #19: "Cusp of a Revelation": It was a pretty big week at the Supreme Court. First, we talk about what the heck is going with expiring execution drugs in Arkansas, and how that plays out within SCOTUS chambers. Then, for the first time since the beginning of this podcast, we had nine by First Mondays
65 min listen
OT2016 #3: "Dumb and Disrespectful": We bring the October sitting to a close, recap Pena-Rodriguez and Samsung, and make a futile attempt to predict this month's assignments. Plus: RBG on Kaepernick. by First Mondays
66 min listen
OT2016 #1: "The Satisfaction of Giving a Gift": In the inaugural episode of First Mondays, Ian and Dan break down the first week of the Supreme Court's new Term. by First Mondays
58 min listen
Good Behaviour #2: "Disheartening and Demoralizing": In this second episode of the Good Behaviour miniseries, Dan and Ian continue to chronicle the nomination of Judge Neil Gorsuch to the Supreme Court. What is it with Judge Gorsuch and his yearbooks? How much cash did he have on hand in 2006? And will he h by First Mondays
46 min listen
OT2016 #4: "Federal Circuit, Never Change": The November sitting has begun! This week, we begin with Judge Posner's low opinion of the Supreme Court, and the new grants concerning gender identity, free speech for sex offenders, and the consequences of California's statutory-rape law for immigrants by First Mondays
65 min listen
101 First Street #1: "Ser-shee-or-RARE-eye": How does the Supreme Court actually work? How does the Court decide what cases to hear? How do you pronounce "certiorari?" What's the difference between a relist and a reschedule? Why are some briefs grey? by First Mondays
60 min listen
Amici Teaser: "Let Me Tell You How Sweet It Is": We've been cranking out some awesome interview shows for our Patreon subscribers. And if you're not one of them, well, you're missing out. Here are snippets from the two latest bonus episodes, one with Rakesh Kilaru, former associate counsel to President by First Mondays
4 min listen
OT2016 #11: "Close to Using a Swear": Last week, the Supreme Court heard its first arguments of 2017, and Dan & Ian have the recaps. And as we gear up for arguments in crimmigration case Dimaya v. Lynch, First Mondays welcomes attorney Brian Goldman. It's the first time we've hosted a member by First Mondays
60 min listen
101 First Street #2: "The Most Exciting Parts": In this second episode in our 101 First Street series, we go inside oral arguments at the Supreme Court. Who talks first? How long until they get interrupted? After it's over, then what? by First Mondays
50 min listen
The Annual: OT2016 in Review (ft. Nina Totenberg): It’s the finale of our first season! To celebrate all that was OT2016, and to look to the year ahead, we went to the queen of SCOTUS radio herself: Nina Totenberg. We also dish out superlatives— best dig at an advocate, best quip in an argument, worst opi by First Mondays
118 min listen
OT2016 #16: "His Elegant Fountain Pen": We took a week off, and we're making it up to you with an episode chock full of Supreme Court goodness. We've got orders! Opinions! Dissents! Concurrences in denial! The question of whether or not Justice Breyer has become a death penalty abolitionist! Wi by First Mondays
68 min listen
OT2016 #8: "Don't Think It's Going To Be 9-0": The Slants have released a new song, the Supreme Court has released opinions, and Justice Breyer has got an idea for an innovative gold heist. by First Mondays
99 min listen
OT2016 #6: "Live By The Sword, Die By The Sword": It's a jam-packed holiday episode of First Mondays! by First Mondays
105 min listen
Good Behaviour #1: "Grist of a Judge's Life": We debut a brand new series, "Good Behaviour," to track the confirmation process of Judge Neil Gorsuch, who President Trump just nominated to fill Justice Scalia's vacant seat. For an insider's perspective, Dan and Ian talk to Jason Murray, who clerked fo by First Mondays
47 min listen
OT2016 #17: "Kill Any Potential Hipness": This week it’s First Mondays XL, with more Supreme Court content than you can shake a gavel at. First off, we respond to a bunch of listener feedback about stuff we got wrong, stuff we got right, and stuff no one can quite figure out. (Here’s looking at y by First Mondays
96 min listen
OT2016 #14: "Stone Cold, Lead Pipe Lock": This week we try to get to the bottom of a dissent to denial from Justice Sotomayor. (Two words: firing squad.) We also talk to immigration attorney Andrea Sáenz about the upcoming case, Esquivel-Quintana v. Sessions, and Leah teaches us the key differenc by First Mondays
88 min listen
OT2016 #12: "That Makes No Sense": This week, Dan and Ian have a conversation with Adam Liptak, the Supreme Court correspondent for the New York Times. During argument recaps, you'll learn the circumstances under which you should rethink all the choices that led you to argue in front of th by First Mondays
75 min listen
OT2016 #20: "Who Is Calling Justice Breyer?": Recapping the last arguments for October Term 2016, and more. by First Mondays
67 min listen
OT2016 #22: "Golden Phoenix": After a brief break for a trip to Vegas, we're back with a jackpot of opinions to recap. Yep, we break down each of the six opinions that have been released in the last couple of weeks. We've got everything from gerrymandering to patents to arbitration ag by First Mondays
91 min listen
OT2016 #25: "Little Longer in the Oven": With just a couple of weeks to go, we're racing toward the OT2016 finish line. Plenty of blunders, orders, and opinions to address-- including Justice Gorsuch's first opinion. Plus, we'll discuss one of the biggest cases of the year that has, in our opini by First Mondays
88 min listen
OT2016 #26: "Five Point Palm Exploding Heart Technique": It’s the penultimate recap for the term, wherein the justices hath bestowed upon us twelve (12) new opinions in one week. Time for a lengthy—but spirited—Opin-o-rama! We pick out a few of our favorites to go in depth, and then we institute Lightning Round by First Mondays
102 min listen
Good Behaviour #4: "The Justin Bieber Standard": In our fourth episode of tracking Judge Neil Gorsuch’s nomination to the Supreme Court, we get into the greatest hits of his confirmation hearings. How do you pronounce his name? Does the "frozen trucker case" invoke the absurdity doctrine? Which Democrat by First Mondays
83 min listen

More Episodes from First Mondays

Skip carousel

OT2018 #19: "Fake Mootness": As we enter the February sitting, we give you the rarest of episodes: a completely comprehensive preview of all the cases that will be argued this week! All two of them! by First Mondays
68 min listen
OT2018 #17: "The Most Distinguished Recording Location": Dan has a great conversation with Judge Marsha Berzon of the Ninth Circuit and Professors Rory Little and Zach Price, both of UC-Hastings College of the Law. by First Mondays
67 min listen
OT2018 #16: "From Scratch": We've got a breather between sittings, so Steve Sachs joins us as we recap an opinion, take a look at some grants and orders, discuss whether law school clinics are good or bad ideas, and ask a lot of questions. by First Mondays
93 min listen
OT2018 #15: "Second Best Opinion": Dan and Leah recap the end of the January sitting and catch you up on the latest opinions and cert. grants. by First Mondays
61 min listen
OT2018 #14 "Decent Take": Dan, Leah, and Danielle break down arguments from the first week of the January sitting. by First Mondays
62 min listen
OT2018 #13: "Beer For Lunch": New year, new sitting! Merritt McAlister joins us from the University of Florida to catch up on Supreme Court news and look ahead to the coming arguments. by First Mondays
67 min listen
Amici #25 [UNLOCKED]: "Tough Phone Call": In the holiday spirit, we've unlocked a bonus episode. Last June, at the Arizona State Bar Convention, Dan interviewed two judges: Hon. Andrew D. Hurwitz and Hon. Ruth McGregor. by First Mondays
76 min listen
OT2018 #12: "Inconceivable!": It's an off week for the Supreme Court, so we've got another great ensemble cast to take a deep dive into issues that regularly come up on the show. Kate Shaw of Cardozo Law guest hosts. by First Mondays
110 min listen
OT2018 #11: "A Lot Of Meatballs": There are twice as many women in this episode as there were at the Supreme Court podium in the whole December sitting. Leah and guest host Jaime Santos recap the week's arguments with two special guests. by First Mondays
87 min listen
OT2018 #10: "Come On, General": Dan and Leah recap Supreme Court news, an opinion and two arguments, and they look ahead to the cases being argued this week. by First Mondays
79 min listen
OT2018 #9: "8,000 Pounds of Shark Fins": Beth Colgan of UCLA joins us to preview a fascinating case about excessive fines (yes, really) called Timbs v. Indiana. by First Mondays
94 min listen
OT2018 #8: "Animal Magnetism": The First Mondays national tour continues! This week we’re live at Duke Law School. With professors Marin Levy and Steve Sachs, we take a deep dive into Nutraceutical Corp. v. Lambert, a case that arises from some particularly spicy factual allegations. by First Mondays
69 min listen
OT2018 #7: "Now Who's the Legal Realist?": Will and Dan catch you up on a lot of recent news and debrief the November sitting. by First Mondays
80 min listen
OT2018 #6: "Hook 'Em, Tom": Dan is joined by Prof. Steve Vladeck for a live show at the University of Texas. by First Mondays
83 min listen
OT2018 #5: "Arbitration Nation": This episode is late, but we have a good reason. We get up to speed on the cases in front of the Supreme Court this week, as well as some other SCOTUS-adjacent news. by First Mondays
58 min listen
OT2018 #4: "This Is About Frogs": First Mondays is live from Columbia Law School, where we bring in a ringer: guest Professor Richard Epstein of NYU. by First Mondays
60 min listen
OT2018 #3: "Ordinary Pinch": We're back to a nine-member Court, and we're here to recap arguments from the past week. Since Will is filling in as recurring guest host, we also take a look at the so-called "shadow docket." Plus, are the justices getting along? by First Mondays
90 min listen
OT2018 #2: "Alea Iacta Est": Ian is joined by returning guest host Professor James Stern to break down the first week of the October sitting. by First Mondays
72 min listen
OT2018 #1: "Rearranging Deck Chairs": The first Monday of October Term 2018 is upon us, which means it's time for the kick-off of our third season. Live from Washington University in St. Louis, we bring you previews of the week's arguments. The cases involve a range of issues, from the Federa by First Mondays
80 min listen
OT2018 #0: "Looks A Lot Like Grift": We're kicking off our third season with a live show at William & Mary! Professor James Stern joins us as we take the birds-eye view of OT2018. This year will bring cases about excessive fines, the death penalty, and just about everything in between. by First Mondays
72 min listen
In Recess #10: "Special Horses": It's our first five-mic episode! We're joined by Kent Greenfield and Adam Winkler, who both have new books about corporate personhood, as well as our bankruptcy expert, Danielle D'Onfro. by First Mondays
70 min listen
Good Behaviour #10: "Bad Bens": In our (hopefully) final episode of Good Behaviour (for a while), Ian and Leah discuss their favorite and least favorite moments of the Kavanaugh confirmation hearings. by First Mondays
88 min listen
In Recess #9: "Hoofbeats in the Distance": Just in time for the Kavanaugh confirmation circus, we have a lively interview with David Kaplan about his new book, "The Most Dangerous Branch: Inside the Supreme Court's Assault on the Constitution." by First Mondays
51 min listen
Good Behaviour #9: "A Bunch of Printers": Will Baude joins us to discuss the latest news of the Kavanaugh nomination. Plus, what do we mean when we talk about originalism? by First Mondays
83 min listen
1L First Street #1: "Dumbo's Feather": We're launching a new series aimed at helping law students survive the best/worst three years of their lives. In this episode, we'll talk about study groups, thinking like your professor, and the best food-related way to make it through an exam. by First Mondays
85 min listen
In Recess #8: "Would You Rather": Rick Hasen joins us to talk about his new book, "The Justice of Contradictions: Antonin Scalia and the Politics of Disruption." by First Mondays
73 min listen
Good Behaviour #8: "Batting .998": We round up the latest Kavanaugh news, including speculation on the Bush documents and a debate over whether Democrats should support his confirmation when they disapprove on the merits. by First Mondays
63 min listen
In Recess #7: "Robot Ban": We are live at the offices Akin Gump in Washington DC to talk with Pratik Shah and Martine Cicconi. by First Mondays
56 min listen
In Recess #6: "Allen Charge": We get caught up on our backlog of our hotline calls while also briefly recapping the latest news on the battle to confirm Judge Brett Kavanaugh to the Supreme Court. by First Mondays
50 min listen
In Recess #5: "The Ghost of LBJ": We kick off our summer series by catching up on hotline calls and talking through the religious liberty docket. by First Mondays
61 min listen

Related podcast episodes

Skip carousel

Red Hens and Dogs: As you’ll hear, there were many possible titles for this episode, but we went with the simplest and most descriptive for we spewing a fair amount of time covering both. But we also have on the supreme Supreme Court expert Adam White from the Hoover... by The Ricochet Podcast
76 min listen
The Supreme Court's Past, Present, and Future: A Conversation with John Yoo by New Books in Political Science
53 min listen
The Supreme Court's Past, Present, and Future: A Conversation with John Yoo by New Books in Public Policy
53 min listen
The Supreme Court's Past, Present, and Future: A Conversation with John Yoo by New Books in Law
53 min listen
AF-705: Samuel Chase: Signers of the Declaration of Independence: Samuel Chase was a signer of the Declaration of Independence. Yet, it was not signing that important document that made him famous to history. It was his later career as a US Supreme Court justice. As the only Supreme Court justice to ever be... by Ancestral Findings
9 min listen
OA602: New Eastman Docs Set Stage for Jan 6 Hearings: About a week ago, there was yet another smoking gun document trove delivered to us by the Jan. 6 Committee in relation to the Eastman trial. Andrew gives us the full breakdown, including a couple new insurrectionist characters we haven't yet been... by Opening Arguments
82 min listen
The Court Astonishes - Special Guest Ed Whelan: Amarica’s Constitution is 50 - 50 episodes, that is. The Supreme Court isn’t done with abortion yet, as it marks our “silver episode” unveiling with a pair of rulings on the Texas abortion law, SB8. The rulings themselves may not be long remembered, bu... by Amarica's Constitution
89 min listen
Sound On: Analysis of SCOTUS Blockbuster Term by Balance of Power
37 min listen
Another Momentous Term for the Supreme Court by The Daily
30 min listen
'History Is Clearly On The Pro-Life Side' : ADF Counsel Erin Hawley Breaks Down Upcoming Supreme Court Abortion Case by The Daily Signal Podcast
21 min listen
Why A Terrible U.S. Supreme Court Is The Historical Norm by The Cracked Podcast
96 min listen
Outlawing War: Did it Work Better Than We Thought?: Ryan Evans had the pleasure to sit down with Oona Hathaway and Scott Shapiro, authors of the new book . Remember that treaty you learned about in school that outlawed war after World War I - the Kellogg-Briand Pact? That's right, the one you... by War on the Rocks
22 min listen
Tuesday, November 23rd, 2021 by Morning Announcements
6 min listen
5 Things You Need to Know About the January 6th Committee Hearings: Today, Sarah and Beth are here to catch you up on what the committee has done so far and why these hearings matter to every American. by Pantsuit Politics
37 min listen
Yuval Shany and Amichai Cohen on the Israeli Supreme Court's Bombshell by The Lawfare Podcast
56 min listen
Could It Happen Here?: A leak suggests that the US Supreme Court has decided to overturn Roe vs Wade. Plus the legacy of Guy Lafleur; & Brian Stewart with the latest on the "spy wars" that have dominated the Russia-Ukraine story. by The Bridge with Peter Mansbridge
37 min listen
Ukraine & Legal Theory by Digging a Hole: The Legal Theory Podcast
62 min listen
This Week's Supreme Court Rulings and Wrap-up: This Week's Supreme Court Rulings and Wrap-up by Lawyer 2 Lawyer
36 min listen
The Leak & Battle Over Abortion (w/ Josh Gerstein & Carolyn Shapiro) by Skullduggery
74 min listen
Writing Supreme Court thrillers by SCOTUStalk
39 min listen
The end of Roe (w/ David Kaplan & Don Ayer) by Skullduggery
65 min listen
Episode 88: The Blue Line: LIVE! At the law school. by Oral Argument
76 min listen
Full Court Press: The Supreme Court has handed down ruling after glorious ruling, most notably overturning Roe and Casey in their landmark abortion case, but also defending the right to bear arms in self defense and the right to free expression of religion. Is gutting... by The American Mind
60 min listen
Roe & Departure From Precedent In The Supreme Court: There’s long been a belief that the Supreme Court rarely departs from precedent. But as the court appears to intend to strike down Roe, we’re wondering what the data tell us about how consistent the Supreme Court has been at honoring precedent. And, is the Supreme Court more likely to depart from precedent in constitutional cases than other types? To break it all down, we spoke to Washington University law professor Lee Epstein, about her 2015 paper, "The Decision To Depart (or Not) From Constitutional Precedent: An Empirical Study of the Roberts Court", co-authored by William M. Landes and Adam Liptak. by Not Another Politics Podcast
57 min listen
Why Judge Brett Kavanaugh is a GREAT choice for Supreme Court: IWF Legal Fellow, Erin Hawley, shares her reactio… by She Thinks
15 min listen
The Housewarming Party: Professors Epstein and Yoo both have new digs, but they’re still bringing the same searing legal analysis. On this episode: can Democrats really unseat a Republican House member? What’s the fight about voting rights really about? Can accepting COVID stim... by Law Talk With Epstein, Yoo & Senik
62 min listen
Roe vs. Wade - May 3rd, Hour 1 by The Sean Hannity Show
32 min listen
Chicago Legal Group Wants Limited Solitary Confinement In Illinois Prisons by Reset with Sasha-Ann Simons
16 min listen
Judging The Justices: Epstein And Yoo On The New Originalist Supreme Court: In what has now become an annual tradition on Uncommon Knowledge with Peter Robinson, law professors John Yoo and Richard Epstein join the show to opine on a newly minted Supreme Court. For the first time in decades, today’s court is dominated by a major... by Uncommon Knowledge
73 min listen
Master of the Damned by The Dead Files
39 min listen

Discover this podcast and so much more

OT2018 #18: "Rorschach Test"

OT2018 #18: "Rorschach Test"

Description

Titles in the series (100)

More Episodes from First Mondays

Related podcast episodes