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Latest Episodes

Jurisdiction Stripping: Fact & Fiction Flowing Through the Mountain Valley Pipeline Case
April 23, 2024

Generally, when Congress strips courts of jurisdiction, it does so by implementing broad, forward-looking, statutory bars that insulate agency decisions or foreclose appeal. In response to the protrac

Discussing Clarke v. CFTC: The Case of PredictIt & the CFTC's No-Action Letter
April 23, 2024

In July of 2023, the Fifth Circuit reversed the district court's decision in Clarke v. CFTC, and remanded with instructions to enter a preliminary injunction against the Commodity Futures Trading Comm

Courthouse Steps Preview: City of Grants Pass, Oregon v. Johnson
April 23, 2024

City of Grants Pass, Oregon v. Johnson concerns whether the sections of the Grants Pass Municipal Code which prohibit sleeping/camping on public property like parks and streets constitute "cruel and u

A Seat at the Sitting - April 2024
April 17, 2024

Each month, a panel of constitutional experts convenes to discuss the Courts upcoming docket sitting by sitting. The cases covered in this preview are listed below.- https://www.scotusblog.com/case

303 Creative, Masterpiece Cakeshop, and the Fate of Free Exercise for Wedding Vendors
March 27, 2024

Over the past decade, the tension between First Amendment rights and public accommodations laws has grown, as wedding vendors have refused to serve same-sex weddings pursuant to their consciences. On

Courthouse Steps Oral Argument: Gonzalez v. Trevino
March 26, 2024

In Gonzalez v. Trevino, Petitioner Sylvia Gonzalez is a 72 year-old city councilwoman from Castle Hills, Texas. Ms. Gonzalez believed that the city's mayor and city manager were ignoring her constitue

Litigation Update: De Piero v. Pennsylvania State University
March 26, 2024

Professor Zack De Piero was an English professor at the Pennsylvania State University Abington campus before resigning and filing a lawsuit against the University in 2023 alleging that administrators

Courthouse Steps Decision: Pulsifer v. United States
March 22, 2024

In Pulsifer v. United States, the Supreme Court considered an Eighth Circuit case that raised the question: "Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(

A Seat at the Sitting - March 2024
March 19, 2024

Each month, a panel of constitutional experts convenes to discuss the Courts upcoming docket sitting by sitting. The cases covered in this preview are listed below.- https://fedsoc.org/case/murthy-

Litigation Update: Gerber v. Ohio Northern University
March 14, 2024

Academic freedom and free speech at colleges and universities are at the center of ongoing litigation in Gerber v. Ohio Northern University.In April 2023, Dr. Scott Gerber was abruptly removed fro