Counting to 5 is a podcast about the United States Supreme Court. Counting to 5 aims to cover the Court in a way that's accessible to an intelligent non-lawyer without sacrificing legal accuracy.
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 legacy, and what happens next.
Rucho v. Common Cause:
Arlene’s Flowers, Inc. v. Washington:
Harris v. Cooper:
Bible v. Davis:
Sessions v. City of Chicago:
Peede v. Jones:
E.I. DuPont de Nemours & Co. v. Smiley:
Rowan County v. Lund:
Kaushal v. Indiana:
Jordan v. Mississippi; Evans v. Mississippi:
Sause v. Bauer:
Sexton v. Beaudreaux:
North Carolina v. Covington:
Republic of Sudan v. Harrison:
Nutraceutical Corp. v. Lambert:
Henry Schein Inc. v. Archer and White Sales Inc.:
Washington State Department of Licensing v. Cougar Den Inc.:
Herrera v. Wyoming:
Franchise Tax Board of California v. Hyatt:
Dawson v. Steager:
Biestek v. Berryhill:
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc.:
Fourth Estate Public Benefit Corp. v. Wall-Street.com:
Gamble v. United States:
Nieves v. Bartlett:
Obduskey v. McCarthy & Holthus LLP:
Merck Sharp & Dohme Corp. v. Albrecht:
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 v. AFSCME (public sector union agency fees).
Ohio v. American Express Co.:
Abbott v. Perez:
National Institute of Family and Life Advocates v. Becerra:
Trump v. Hawaii:
Florida v. Georgia:
Janus v. American Federation of State, County, and Municipal Employees, Council 31:
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.
WesternGeco LLC v. ION Geophysical Corp.:
Currier v. Virginia:
Ortiz v. United States:
Carpenter v. United States:
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 case about whether states can force out-of-state internet retailers to collect sales tax.
Pereira v. Sessions:
Wisconsin Central Ltd. v. United States:
Lucia v. Securities and Exchange Commission:
South Dakota v. Wayfair, Inc.:
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 v. Lamone.
RBG Movie:
Kaczmar v. Florida:
Sessions v. City of Chicago, Illinois:
Sturgeon v. Frost:
Garza v. Idaho:
Lorenzo v. Securities and Exchange Commission:
Timbs v. Indiana:
Apple Inc. v. Pepper:
Lozman v. Riviera Beach:
Chavez-Meza v. United States:
Rosales-Mireles v. United States:
Gill v. Whitford:
Benisek v. Lamone:
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.
Toward the end of this episode, I stated that the Chief Justice appoints judges to the Judicial Conference of the United States. This was an error. The Judicial Conference is actually composed of the Chief Judge of each Circuit Court of Appeals and a District Court elected by the judges of each circuit.
Washington v. United States:
Justices’ Financial Disclosure Reports:
China Agritech, Inc. v. Resh:
Sveen v. Melin:
Husted v. A. Philip Randolph Institute:
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.:
Minnesota Voters Alliance v. Mansky:
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 and against compelled speech. Listen to understand what the Court actually decided and what questions remain unresolved.
RBG Movie:
Trevino v. Davis:
Azar v. Garza:
Lamar, Archer & Cofrin, LLP v. Appling:
Hughes v. United States:
Koons v. United States:
Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission:
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.
Culbertson v. Berryhill:
City of Hays, Kansas v. Vogt:
Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley:
Collins v. Virginia:
Lagos v. United States:
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.
RBG Movie:
Virginia Uranium, Inc. v. Warren:
Culbertson v. Berryhill:
Jam v. International Finance Corp.:
Royal v. Murphy:
Consolidated Class Action Waiver cases:
Upper Skagit Indian Tribe v. Lundgren:
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.
Juan Castillo Petition:
RBG Movie:
BNSF Railway Company v. Loos:
Air and Liquid Systems Corp. v. Devries:
United States v. Sanchez-Gomez:
Byrd v. United States:
McCoy v. Louisiana:
Dahda v. United States:
Murphy v. National Collegiate Athletic Association:
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.
Robert Butts:
WesternGeco LLC v. ION Geophysical Corp.:
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