Voting. Redistricting. Experts discuss how courts should determine if race or party affiliation predominates in a legislature’s redistricting in Alexander v. South Carolina Conference of the NAACP, and the uncertainty surrounding application of the Purcell principle in Robinson v. Callais.
Criminal Law. Statutory Interpretation. Experts discuss the Court’s interpretation of the Sarbanes-Oxley Act as applied to January 6 defendants in Fischer v. United States, and whether the amended federal bribery statute continues to criminalize gratuities in Snyder v. United States.
Second Amendment. National Firearms Act. Experts discuss the Court’s continued development of the history and tradition standard of analysis in the context of the Second Amendment, and how the abandonment of the Chevron Doctrine impacted the interpretation of the National Firearms Act.
Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024
Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the prohibition against imposing administrative penalties for fraud without a jury trial in SEC v. Jarkesy; and extending the statute of limitations under the Administrative Procedure Act in Corner Post v. FRB.
Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024
First Amendment. Government Speech. Experts analyze whether government speech infringed on others' speech rights, in Murthy v. Missouri, and the government’s unconstitutional use of retaliation to suppress disfavored speech in National Rifle Association v. Vullo.
Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024
First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials become government speech in Lindke v. Freed.
Erwin Chemerinsky, Michael McConnell, Hamid M. Khan
October 12, 2023
Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles.
Erwin Chemerinsky, Michael McConnell, Hamid M. Khan
October 12, 2023
Preemption. NLRA. Experts discuss the foreseeable, aggravated and imminent danger needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.
Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.