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The High Court Report

SCOTUS Oral Arguments

The High Court Report makes Supreme Court decisions accessible to everyone. We deliver comprehensive SCOTUS coverage without the legal jargon or partisan spin—just clear analysis that explains how these cases affect your life, business, and community. What you get: Case previews and breakdowns, raw oral argument audio, curated key exchanges, detailed opinion analysis, and expert commentary from a practicing attorney who"s spent 12 years in courtrooms arguing the same types of cases the Supreme

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All Episodes

01:24:01

Hungary v. Simon | Case No. 23-867 | Date Argued:...

The High Court Report ·

2024/12/03

A foreign sovereign is generally immune from suit in domestic courts, subject to the specific exceptions of the Foreign Sovereign Immunities Act. Under the expropriation exception, claims involving rights in property taken in violation of international law may be heard if "property or any property exchanged for such property" has a commercial nexus with the United States. 28 U.S.C. § 1605(a)(3). Specifically, the property or its proceeds must be either "present in the United States in

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53:38

United States v. Miller | Case No. 23-824 | Date...

The High Court Report ·

2024/12/02

The Bankruptcy Code permits a bankruptcy trustee to avoid any prepetition transfer of the debtor's property that would be voidable "under applicable law" outside bankruptcy by an actual unsecured creditor of the estate. 11 U.S.C. 544(b)(1). The applicable law may be state law. Elsewhere, the Code abrogates the sovereign immunity of all governmental units "to the extent set forth in this section with respect to" various sections of the Code, including Section 544. 11 U.S.C. 106(a)(l). The court

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01:20:05

FDA v. Wages and White Lion Investments, LLC | Case...

The High Court Report ·

2024/12/02

The Family Smoking Prevention and Tobacco Control Act, Pub. L. No. 111-31, Div. A, 123 Stat. 1776, requires a person to obtain authorization from the Food and Drug Administration (FDA) before introducing a new tobacco product into interstate commerce. The agency may grant such authorization only if the applicant shows, among other things, that the marketing of the product would be "appropriate for the protection of the public health." 21 U.S.C. 387j(c)(2)(A). In this case, the agency denied

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01:27:13

NVIDIA Corp. v. E. Ohman J:or Fonder AB | Case No....

The High Court Report ·

2024/11/13

The Private Securities Litigation Reform Act (PSLRA) imposes "[e]xacting pleading requirements" on plaintiffs who file securities fraud class actions. Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 311, 313 (2007). To state a claim, plaintiffs must "state with particularity all facts" supporting their allegations of falsity and must also allege "facts giving rise to a strong inference" of the required mental state. 15 U.S.C § 78u-4(b)(1), (2)(A); see also Fed. R. Civ. P. 9(b)

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01:03:12

Delligatti v. United States | Case No. 23-825 | Date...

The High Court Report ·

2024/11/12

Under 18 U.S.C. § 924(c)(3)(A), a felony qualifies as a "crime of violence" if it "has as an element the use, attempted use, or threatened use of physical force against the person or property of another." Courts have disagreed about how to apply use-of-force language to crimes that require proof of a victim's bodily injury or death but can be committed by failing to take action. In the decision below, the Second Circuit held that any crime requiring proof of death or bodily injury

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01:07:13

Velazquez v. Garland, Att'y Gen. | Case No. 23-929 |...

The High Court Report ·

2024/11/12

Federal immigration law allows the government to grant a "voluntary departure" period of up to 60 days to a noncitizen "of good moral character" who receives an adverse decision in removal proceedings. 8 U.S.C. §1229c(b). If the noncitizen fails to depart during that window, he or she is subject to a civil fine and is ineligible for various forms of immigration relief (like cancellation of removal or adjustment of status) for 10 years. §1229c(d)(1). If, however, the noncitizen "file[s] a

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01:43:35

Facebook, Inc. v. Amalgamated Bank | Case No. 23-980...

The High Court Report ·

2024/11/06

This petition presents two important questions that have divided the federal courts of appeals.First, the circuits have split three ways concerning what public companies must disclose in the "risk factors" section of their 10-K filings. The Sixth Circuit holds that companies need not disclose past instances when a risk has materialized. The First, Second, Third, Fifth, Tenth, and D.C. Circuits hold that companies must disclose that a risk materialized in the past if the company knows that event

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01:10:28

Advocate Christ Medical v. Becerra, Sec. of H&HS |...

The High Court Report ·

2024/11/05

Because low-income patients are often costlier to treat, Congress directed the government to reimburse hospitals that treat a disproportionate share of low--income patients at higher Medicare rates. A hospital qualifies for higher payments in part based on the number of days that a hospital provides inpatient care to senior (or disabled) low- income patients, measured as those who "were entitled to benefits under part A of [Medicare] and were entitled to supplementary security income [SSI]

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42:09

E.M.D. Sales, Inc. v. Carrera | Case No. 23-217 |...

The High Court Report ·

2024/11/05

The Fair Labor Standards Act (FLSA) covers more than 140 million workers and guarantees eligible workers a minimum wage and overtime pay. But the FLSA also contains 34 exemptions from those requirements. Employers do not have to pay overtime to, e.g., bona fide executives, agricultural workers, and outside salesmen. See 29 U.S.C. § 213(a)-(b). The question presented is: Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere

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01:33:56

Wisconsin Bell, Inc. v. U.S., ex rel. Heath | Case...

The High Court Report ·

2024/11/04

The Telecommunications Act of 1996 directs the FCC to further the goal of universal access to telecommunications services. In response, the FCC established what's known as the "E-rate" program to provide discounted services to eligible schools and libraries. The program is administered by a private, non-profit corporation and funded entirely by contributions from private telecommunications carriers. After telecommunications carriers provide services to eligible schools and libraries, either

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01:37:33

San Francisco v. EPA | Case No. 23-753 | Date Argued:...

The High Court Report ·

2024/10/16

Congress designed the Clean Water Act (CWA or the Act) to ensure that anyone holding a discharge permit issued under the Act has notice of how much they must control their discharges to comply with the law. The CWA requires that the U.S. Environmental Protection Agency (EPA) and authorized states provide this notice by prescribing specific pollutant limitations in the National Pollutant Discharge Elimination System (NPDES) permits they issue. Consistent with its text, this Court and the Second

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01:12:44

Bufkin v. McDonough, Sec. of VA | Case No. 23-713 |...

The High Court Report ·

2024/10/16

For more than a century, veterans have been entitled to the benefit of the doubt on any close issue relating to their eligibility for service-related benefits. As presently codified, "[w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary [of Veterans Affairs] shall give the benefit of the doubt to the claimant." 38 U.S.C. § 5107(b). In 2002, Congress enacted the Veterans Benefits Act. Among other

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01:08:18

Medical Marijuana, Inc. v. Horn | Case No. 23-365 |...

The High Court Report ·

2024/10/15

The Racketeer Influenced and Corrupt Organizations Act (RICO) creates a civil treble-damages action for “[a]ny person injured in his business or property by reason of” certain offenses. 18 U.S.C. § 1964(c).The question presented is: Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant's acts for purposes of civil RICO.

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49:19

Bouarfa v. Mayorkas, Sec. of Homeland Security | Case...

The High Court Report ·

2024/10/15

When considering whether to approve a petition for an immigrant visa, the government must adhere to certain nondiscretionary criteria. See, e.g., 8 U.S.C. § 1154 (c) (providing that "[n]o petition shall be approved" if the individual seeking a visa has previously entered a marriage "for the purpose of evading the immigration laws"). When a visa petition is denied based on a petitioner's failure to satisfy such a nondiscretionary requirement, it is generally understood that the petitioner has a

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01:43:02

Glossip v. Oklahoma | Case No. 22-7466 | Date Argued:...

The High Court Report ·

2024/10/09

The questions presented are: 1. a. Whether the State's suppression of the key prosecution witness's admission he was under the care of a psychiatrist and failure to correct that witness's false testimony about that care and related diagnosis violate the due process of law. See Brady v. Maryland, 373 U.S. 83 (1963); Napue v. Illinois, 360 U.S. 264 (1959). b. Whether the entirety of the suppressed evidence must be considered when assessing the materiality of Brady and Napue claims. See Kyles v

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01:17:55

Lackey v. Stinnie | Case No. 23-621 | Date Argued:...

The High Court Report ·

2024/10/08

The questions presented are: 1. Whether a party must obtain a ruling that conclusively decides the merits in its favor, as opposed to merely predicting a likelihood of later success, to prevail on the merits under 42 U.S.C. § 1988.2. Whether a party must obtain an enduring change in the parties' legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under 42 U.S.C. § 1988.

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01:16:07

Bondi, Att'y Gen. v. VanDerStok | Case No. 23-852 |...

The High Court Report ·

2024/10/08

In the Gun Control Act of 1968, 18 U.S.C. 921 et seq., Congress imposed licensing, background-check, recordkeeping, and serialization requirements on persons engaged in the business of importing, manufacturing, or dealing in firearms. The Act defines a "firearm" to include "any weapon * * * which will or is designed to or may readily be converted to expel a projectile by the action of an explosive," as well as "the frame or receiver of any such weapon." 18 U.S.C. 921(a)(3)(A) and (B). In 2022,

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01:15:51

Williams v. Washington | Case No. 23-191 | Date...

The High Court Report ·

2024/10/07

Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C. § 1983 in state court.

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01:05:22

Royal Canin U.S.A., Inc. v. Wullschleger | Case No....

The High Court Report ·

2024/10/07

This Petition presents two separate but related questions concerning the ability of a plaintiff, in an action properly removed to federal court pursuant to 28 U.S.C. § 1441(a) on the basis of federal-question jurisdiction under 28 U.S.C. § 1331, to compel a remand to state court by amending the complaint to omit federal questions:1. Whether such a post-removal amendment of the complaint defeats federal-question subject-matter jurisdiction.2. Whether such a post-removal amendment of the complaint

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42:56

Opinion Summary: Trump v. United States | Date...

The High Court Report ·

2024/07/01

The question presented in this case is: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.The Supreme Court held: Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is

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