Cases and Controversies

It was a historic week for the Supreme Court as the justices split among themselves while delivering victories for LGBT and immigrant rights, not to mention major defeats for the Trump administration.

Justice Neil Gorsuch and Chief Justice John Roberts faced backlash from Republicans for siding with Democratic appointees in the closely-watched employment discrimination and DACA disputes, both of which will have immediate impacts for millions of Americans.

Cases and Controversies hosts Kimberly Robinson and Jordan Rubin break down these momentous decisions, joined by guests Nicole Saharsky of Mayer Brown and Omar Gonzalez-Pagan of Lambda Legal, who filed briefs in the LGBT discrimination cases.

The hosts also highlight some important appeals the high court chose not to take up, as well as some notable instances of tempers flaring in dissent.

With just one opinion and one grant coming out of the Supreme Court this week, Bloomberg Law takes a step back to look at how the term has shaped up and what to expect in the final weeks.

The court's newest member, Brett Kavanaugh, has quickly become the median justice. He's the only one to be in the majority in 100% of the argued cases that he's participated in this term. Chief Justice John Roberts is close behind.

Kavanaugh also has authored three of the court's six split decisions that were decided by just one vote. Such contentious issues typically get assigned to more senior justices.

All that's likely to change with the end of the term fast approaching and the court handing down its most consequential decisions. Look for insight on how things might change in this latest episode of Cases and Controversies with Kimberly Robinson and Jordan Rubin.

The Supreme Court issued five opinions in a range of cases on June 1, including the much-anticipated decision over the fate of Puerto Rico’s financial oversight and management board.

This week’s Cases and Controversies episode breaks down that ruling as well as decisions on immigration, arbitration, and more.

Hosts Kimberly Robinson and Jordan Rubin also look at what’s ahead and note that the term’s most contentious opinions could come soon. Among the 20 cases remaining are ones on discrimination protections for LGBT workers and the Obama-era DACA program that shields hundreds of thousands of immigrants from deportation.

The hosts also update the situation on pending petitions over qualified immunity, which was discussed in the May 22 episode. The legal doctrine that shields law enforcement from liability, even in the face of egregious allegations of civil rights violations, is taking on new significance following George Floyd’s death at the hands of Minneapolis police.

It's time for the justices to buckle down, with approximately two dozen cases outstanding and the end of the term approaching.

Lyle Denniston has covered the court for nearly six decades, and he joins Cases and Controversies to review the big pending cases and the pandemic's implications for the future of the Supreme Court. He'll also disclose what he's been up to during his third shot at "retirement."

Hosts Kimberly Robinson and Jordan Rubin will also get listeners up to date with the latest filings and court happenings. These include two likely new cases and emergency requests related to the pandemic.

The Supreme Court keeps generating news despite it being in the thick of what should be a summer vacation. Some of that news involves yet more divided shadow docket orders related to Covid-19.

On this episode of Cases and Controversies, hosts Kimberly Robinson and Jordan Rubin talk with Alliance Defending Freedom’s John Bursch. He’s one of the lawyers representing Calvary Chapel against the state of Nevada in one of the latest emergency cases that resulted in a 5-4 ruling. The church argues the state is unlawfully letting casinos operate at greater capacity than houses of worship during the pandemic.

The hosts also run through the gamut of high court news, including some Supreme scoops, another Covid-related emergency order, Justice Ginsburg being back in the hospital, and Justice Stephen Breyer becoming an epic meme.