Since 2017, the Supreme Court has significantly increased its use of the process by which the justices hear and resolves emergency appeals, sometimes known as the shadow docket. These decisions are made without oral argument and often come in short unsigned orders. Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, has closely tracked that change and its impact on the court as an institution in recent years. Vladeck joins Amy to discuss his new book The Shadow Docket. 

We are taking a hiatus from our regularly scheduled episodes this spring. We hope to be back soon. 

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In the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments in Gonzalez v. Google and Twitter v. Taamneh. EPIC filed an amicus brief in Gonzalez in support of neither party. 

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In another edition of our series of interviews with Supreme Court advocates, Amy sits down with Daniel Geyser, head of the Supreme Court practice at Haynes Boone. Geyser has argued 15 cases before the court, including two this term. He shares his thoughts on how to take advantage of the new argument structure and his advice for first time advocates.

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In an essay published in The New York Times this fall, two law professors, Lisa Tucker and Stefanie Lindquist, argued that the Supreme Court is increasingly setting aside significant decisions from the lower courts as if they never happened. The court is invalidating these decisions in brief procedural orders under what’s known as “Munsingwear vacatur.” Amy sits down with Tucker and Lindquist to hear more about the trend.

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After more than three decades covering the Supreme Court, Marcia Coyle has announced her retirement from the National Law Journal. Amy sits down with Coyle to discuss her career, her book, and how covering the court has changed over the years.

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The end of the calendar year means we’re about a third of the way through the SCOTUS year. Amy sits down with SCOTUSblog editor James Romoser to discuss the first three months of the 2022 term.

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UCLA election law professor Richard Hasen joins Amy to explain Moore v. Harper, the case in which North Carolina legislators ask the justices to consider a theory that would give state legislatures near complete power to regulate federal elections without interference from state courts. Hasen breaks down the theory, known as the independent state legislature theory, and points to important briefs and potential outcomes to keep an eye out for. Moore v. Harper will be argued Wednesday, Dec. 7.

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On Dec. 5 the justices will hear oral argument in 303 Creative v. Elenis, a clash between free speech rights and LGBTQ rights. Bloomberg News Supreme Court reporter Greg Stohr joins Amy to explain the case and what to expect at oral argument. 

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On Friday, June 24, the court ruled in Dobbs v. Jackson Women’s Health Organization that the Constitution does not confer a right to abortion. Amy talks with abortion law scholar Mary Ziegler, professor of law at University of California, Davis, about the decision and what it means for those seeking abortion care across the country. 

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Michael Dreeben, who has argued 107 cases at the Supreme Court, joins us for another episode in our SCOTUS Spotlight series. Dreeben looks back on notable moments from his career as an advocate, including his very first argument -- in which he faced off against another first-timer by the name of John Roberts.

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On Oct. 31, the Supreme Court will hear oral arguments in two cases challenging the race-conscious admissions programs of Harvard College and the University of North Carolina. Amy talks to lawyers on both sides of the dispute. David Hinojosa is the director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law. He will argue on behalf of five former UNC students of color in defense of the school’s admissions program. Cory Liu is a partner at Ashcroft Sutton Reyes. He filed an amicus brief opposing the admissions programs.

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