Advertise on podcast: Supreme Court Opinions Read

In episode 61 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Keathley v Buddy Ayers Construction. At issue in this case, assuming the doctrine of judicial estoppel applies in bankruptcy proceedings and inadvertence is an exception to such application, whether a court may limit its analysis of inadvertence to just two circumstances or must consider the totality of the circumstances. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r48_k53m.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 4:41 Justice Jackson, for the Court 18:32 Justice Thomas, concurring 25:55 Justice Sotomayor, concurring 35:13 Opinions of the host

In episode 60 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in FS Credit Opportunities v Saba Capital Master Fund. At issue in this case, whether Section 47(b) of the ICA creates an implied right of action to sue for recission of a contract that allegedly violates the act. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r47_m64o.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 6:55 Justice Barrett, for the Court 29:35 Justice Kagan, dissenting 30:23 Justice Jackson, dissenting 1:04:32 Opinions of the host

In episode 59 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Abouammo v United States. At issue in this case, whether the trial venue for a violation of 18 USC §1519 (prohibiting falsification of documents with intent to obstruct federal investigations) must be the district where the document falsification occurred or may also be the district where the contemplated federal investigation takes place. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r46_2c8f.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 6:17 Justice Kagan, for the Court 22:26 Opinions of the host

In episode 58 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Hikma Pharmaceuticals USA v Amarin Pharma. Hikma Pharmaceuticals is a generic drug manufacturer and makes a generic druc equivalent to Amarin Pharma's drug, Vascepa. Amarin sued Hikma, alleging a number of its statements induced medical providers to violate its method of use patents by prescribing the generic for patented uses. At issue in this case, whether Amarin's claim plausibly alleges induced infringement and survives a motion to dismiss. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r45_i4dk.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 6:37 Justice Jackson, for the Court 29:43 Opinions of the host

In episode 57 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Sripetch v SEC. At issue in this case, whether the SEC must show pecuniary loss to victims of violations of securities laws before a court may grant it a disgorgement award. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r44_j42l.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 5:26 Justice Gorsuch, for the Court 27:24 Justice Thomas, concurring 43:01 Opinions of the host

In episode 56 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in FCC v AT&T. One of the means by which the FCC enforces federal communications laws is by issuing notices of apparent liability to alleged violators and, after considering their responses, determining liability and assessing penalties, all without the involvement of a jury. The FCC then issues them forfeiture orders, which, if unpaid, may be enforced by the Department of Justice in a civil jury trial de novo. At issue in this case, whether this enforcement scheme violates the Seventh Amendment jury trial right. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r43_m648.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 9:50 Chief Justice Roberts, for the Court 31:17 Justice Thomas, dissenting 41:01 Opinions of the host

In episode 55 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Allen v Milligan. At issue in this case, whether Alabama is entitled to a stay of a federal District Court's injunction against it's 2023 redistricting plan. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r42_q8l1.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 3:04 Per curiam 9:01 Justice Sotomayor, dissenting 37:32 Opinions of the host

In episode 54 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Whitton v Dixon. Whitton, a murderer convicted in Florida, brought a federal habeas petition after the Florida Supreme Court denied him postconviction relief. In denying Whitton relief, the Florida Supreme Court determined that the testimony he challenged under Giglio v United States was immaterial to the jury's verdict. The federal District Court denied his habeas petition, and the Eleventh Circuit affirmed on the ground that the Florida Supreme Court's determination was reasonable, relying in part on post-trial DNA evidence. At issue in this case, whether the Eleventh Circuit erred in considering said post-trial DNA evidence. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/608us2r41_4gc5.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 3:21 Per curiam 11:05 Justice Thomas, dissenting 31:56 Opinions of the host

In episode 53 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Rutherford v United States. At issue in this case, whether a non-retroactive change in law reducing a sentence for which one was convicted and sentenced can be a basis for granting compassionate relief under §3582. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/24-820_97be.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 9:22 Justice Barrett, for the Court 35:15 Justice Sotomayor, dissenting 1:07:16 Opinions of the host

In episode 52 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Fernandez v United States. At issue in this case, whether a prisoner collaterally attacking the validity of his conviction (here by claiming actual innocence) can do so under the compassionate release statute, 18 U. S. C. §3582. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/24-556_8m58.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 9:49 Justice Barrett, for the Court 40:27 Justice Sotomayor, concurring 45:02 Justice Jackson, dissenting 1:21:50 Opinions of the host

In episode 51 of the Supreme Court Opinions Read podcast, we read the Supreme Court's opinion in Pitchford v Cain. Pitchford asserts the prosecution in his case impermissibly struck prospective jurors based on race, and when he challenged this in the trial court under Batson, the court erred in step three of its analysis. The Mississippi Supreme Court upheld his conviction. He now seeks federal habeas relief, asserting the Mississippi Supreme Court's decision was an unreasonable application of the Supreme Court's Batson precedents and an unreasonable reading of the factual record in his trial. At issue in this case is whether this assertion is correct. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/24-7351_jiel.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 5:51 Justice Kavanaugh, for the Court 19:59 Justice Gorsuch, dissenting 36:13 Opinions of the host

In episode 50 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Flowers Foods Inc. v Brock. At issue in this case, whether the phrase "engaged in interstate commerce" in §1 of the Federal Arbitration Act requires that one travel between states or interact with vehicles that do. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/24-935_k53m.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 5:30 Justice Gorsuch, for the Court 18:25 Opinions of the host

In episode 49 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in Margolin v. NAIJ. At issue in this case, whether the Fourth Circuit's decision below violated party presentation principles. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/25-767_7758.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction 0:19 Per curiam 6:39 Thomas, concurring 10:07 Opinions of the host

In episode 48 of the Supreme Court Opinions read podcast, we read the Supreme Court Justices' opinions in Hamm v Smith, as the case was dismissed as improvidently granted, and there was no further opinion of the Court. At issue in this case, how courts should assess multiple IQ scores for determining whether a defentant is intellectually disabled and cannot constitutionally be executed under Atkins v Virginia. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/24-872_ec8f.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction 0:21 Justice Sotomayor, concurring 38:15 Justice Thomas, dissenting 1:04:14 Justice Alito, dissenting 1:44:28 Opinions of the host

In episode 47 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in M & K Employee Solutions v Trustees of IAM Nat. Pension. Under the Employee Retirement Income Security Act of 1974, employers who withdraw from a multiemployer pension plan must pay their share of the plan's unfunded vested benefits (UVBs) as of the last day of the plan year preceeding their withdrawal (the measurement date). At issue in this case, whether the assumptions actuaries use to calculate the value of UVBs must be selected by the measurement date or can be selected after. Link to read the opinion: https://www.supremecourt.gov/opinions/25pdf/23-1209_i3kn.pdf Linktree: https://linktr.ee/supremecourtopinionsread 0:00 Introduction/Syllabus 6:45 Justice Jackson, for the Court 26:06 Opinions of the host