This week, the Supreme Court heard oral arguments in two challenges to S.B. 8. S.B. 8 bans almost all abortions in the state of Texas by allowing anyone, including people who do not live in the state, to bring a lawsuit in state court against anyone who performs an abortion after six weeks, or helps to make one possible. Leaving enforcement to the populace raised a unique procedural question in this case: who should be sued over the Texas law? In this episode, we unpack that question and the complex

On November 3, the U.S. Supreme Court will hear oral arguments in New York State Rifle in Pistol Association Inc. V. Bruen. The case was brought by two men who were denied New York concealed carry permits, along with New York’s National Rifle Association affiliate, against the superintendent of the New York State Police, Kevin Bruen. The lawsuit challenges a provision of New York’s law regarding concealed carry permits—which allow owners to carry guns in public in a concealed manner—requiring anyone

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On April 9, 2021, President Biden issued Executive Order 14023 forming the Presidential Commission on the Supreme Court of the United States. The Commission is comprised of a bipartisan group of experts on the Court—from former federal judges and practitioners, to legal scholars and historians—who have been tasked with analyzing arguments and the merits and legality of proposals in the current public debate for and against Supreme Court reform. Last week, after months of research and expert

Facebook whistleblower Frances Haugen recently testified before the Senate Subcommittee on Consumer Protection, telling senators that Facebook and Instagram stoke division, harm children, and avoid transparency and any consequences for their damaging effects. Her testimony amplified calls for regulation of the platforms. On today’s episode we consider a variety of proposed reforms, whether they would violate any other laws and whether they would be constitutional. Host Jeffrey Rosen is joined by

Last week, Supreme Court Justice Samuel A. Alito gave a speech responding to criticism of the Supreme Court’s emergency docket levied by, among others, his fellow Justices Elena Kagan and Stephen Breyer. On this week’s episode, we explain what types of cases comprise the Court’s the emergency docket—sometimes referred to as the “shadow docket,” a term coined by scholar Will Baude—and whether the Court’s approach to emergency decision-making has changed in recent years, and why. Host Jeffrey Rosen is

Cutting edge agricultural research is being conducted in outdated facilities. What could that mean for the future of the industry and food security? Dr. Ernie Minton, Dean of the College of Agriculture at Kansas State University, talks with Kansas Farm Bureau's Noah Ochsner about what the future could hold and what needs to be done to save the aging and outdated facilities.

Monday, October 4, will be the first day of oral arguments in the new 2021-22 Supreme Court term. On this week’s episode, Supreme Court journalists Kimberly Atkins Stohr of Boston Globe Opinion and Jess Bravin of The Wall Street Journal join host Jeffrey Rosen to preview the forthcoming term’s blockbuster cases on issues including abortion, religion, guns, free speech, state secrets, and more. Cases discussed include: New York State Rifle & Pistol Association, Inc. v. Bruen Dobbs v. Jackson

Three judges from the Third Circuit Court of Appeals joined host Jeffrey Rosen for a live panel held on September 17, Constitution Day, the anniversary of the signing of the Constitution. They shared an inside look into some of their rulings that then became blockbuster Supreme Court cases. Judge Cheryl Ann Krause discussed her ruling in the case involving a cheerleader who was punished for a Snapchat, Mahanoy Area School District v. B.L. Judge Stephanos Bibas spoke on his decision in one of the

September 17 is Constitution Day—the anniversary of the framers signing the Constitution in 1787. This week’s episode dives into what happened after the Constitution was signed—when it had to be approved by “we the people,” a process known as ratification—and the arguments made on behalf of the Constitution. A major collection of those arguments came in the form of a series of essays, today often referred to as The Federalist Papers, which were written by Alexander Hamilton, James Madison, and John

Last week, the Supreme Court declined to temporarily halt, and thus allowed to go into effect, a new Texas law that bans abortion after six weeks of pregnancy—effectively banning most abortions in the state. The law is unusual in that, instead of enacting criminal penalties as a method of enforcement, it enables others to sue anyone who violates the law for money damages. On this week’s episode, host Jeffrey Rosen is joined by constitutional law scholars Kate Shaw and Sarah Isgur to explain what

Legal battles over masks in schools are being fought across the country—in states including Arkansas, California, Florida, Kentucky, Michigan, Oklahoma, Nevada and Texas—and the U.S. Department of Education recently announced a civil rights investigation into mask mandate bans in several states. This week’s episode explores lawsuits brought against governors who took action to try to ban  local mask mandates in schools, as well as challenges to state school mask mandates brought by people who say

This year marks the 50th anniversary of the passage of the 26th Amendment, which lowered the voting age to 18. This week’s episode tells the fascinating story of the amendment—sparked by two wars and the idea of “old enough to fit, old enough to vote,” principally designed by two senators, and advocated for by countless young people, students, and civil rights activists. Host Jeffrey Rosen was joined by Jason “Jay” Berman, a longtime advisor to one of the principal architects of the 26th Amendment,

This week’s episode profiles Mercy Otis Warren—a trailblazing woman who was one of the leading thinkers of America’s Revolutionary and Founding period. A poet, playwright, and pamphleteer—Warren’s ideas influenced John, Abigail, and Samuel Adams as well as Alexander Hamilton and others, and even helped shape the Constitution and the Bill of Rights. Host Jeffrey Rosen was joined by two biographers of Warren, Nancy Rubin Stuart, author of The Muse of the Revolution: The Secret Pen of Mercy Otis Warren

On August 3, the Biden Administration issued an order from the Centers for Disease Control and Prevention creating a second “eviction moratorium” that extended the pause on eviction proceedings in state courts during the pandemic—sparking debate over whether such an action was legal and constitutional. Joining Jeffrey Rosen to debate those questions this week are Ilya Shapiro, vice president of the Cato Institute who’s written on this issue for Cato at Liberty, and Peter M. Shane, professor at the

As students return to school, hundreds of colleges and universities are requiring those returning to campus to get coronavirus vaccines. Recently, a federal appeals court declined to grant an injunction against Indiana University’s vaccine mandate after it was challenged in a lawsuit by students who say it violates their constitutional rights. On this week’s episode, we discuss the Indiana case as well as the constitutionality of vaccination mandates issued or being considered by different

President Biden recently issued the Executive Order on Competition which aims to break up corporate power across the economy—proposing antitrust initiatives at more than a dozen federal agencies including the Federal Trade Commission (FTC). This week’s episode explores the executive order, the history, ideals, and legal principles behind it, and its potential impact. Host Jeffrey Rosen was joined by William Kovacic, former chair of the FTC and professor at GW Law, and Barry Lynn, Executive Director

U.S. Fish and Wildlife Service Biologist Clay Nichols talks about the process of listing the lesser prairie chicken as threated in Kansas, and how such a designation will impact farmers and ranchers.