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SCOTUStalk is a nonpartisan podcast about the Supreme Court for lawyers and non-lawyers alike, brought to you by SCOTUSblog. SCOTUStalk is hosted by Amy Howe and produced by Katie Barlow, Katie Bart, Kal Golde and James Romoser. See acast.com/privacy for privacy and opt-out information.
Podcasts originally published on SCOTUSblog, a blog written by lawyers, students, and journalists devoted to coverage of the Supreme Court of the United States
A podcast from SCOTUSblog.com
President-elect Joe Biden has not yet announced a nominee for solicitor general, the top lawyer who represents the government before the Supreme Court. SCOTUStalk host Amy Howe and SCOTUSblog’s media editor, Katie Barlow, discuss potential picks. The next solicitor general could be a Washington insider, or it could be someone unexpected -- like Ele…
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Looking back and looking ahead during a transitional term for the court
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The Supreme Court changed dramatically last year, and more changes could be in store in 2021. SCOTUSblog publisher Tom Goldstein joins SCOTUStalk host Amy Howe to talk about what happened in 2020 and what’s next for the court. They discuss Justice Amy Coney Barrett’s early impact, the benefits and drawbacks of remote oral arguments, and how the cou…
Since 2011, there has been “an explosion” of amicus briefs at the Supreme Court, according to Arnold & Porter’s Anthony Franze and R. Reeves Anderson, who study the issue and recently wrote an article examining the decade-long trend. Franze and Anderson join SCOTUStalk host Amy Howe for a look at how amicus briefs have evolved. They examine what ty…
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SCOTUS spotlight: Beth Brinkmann on cracking the glass ceiling
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Beth Brinkmann, the co-chair of the appellate and Supreme Court litigation group at Covington & Burling, has argued 25 cases before the Supreme Court and is one of the most experienced advocates practicing today. In the latest episode in our “SCOTUS spotlight” series on oral advocacy, SCOTUStalk host Amy Howe sits down with Brinkmann to talk about …
What is the Supreme Court’s “shadow docket”? John Elwood, head of Arnold & Porter’s appellate and Supreme Court Practice, sits down with SCOTUStalk host Amy Howe to explain the often opaque work that happens outside of the court’s regular roster of argued cases. For much more on the shadow docket and its increasing importance, check out SCOTUSblog’…
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A scalpel, a bulldozer and the Affordable Care Act
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The Supreme Court will hear argument Tuesday in one of the term’s biggest blockbusters: California v. Texas, the constitutional challenge to the Affordable Care Act. A group of Republican-governed states say the law’s individual insurance mandate is unconstitutional – and they are asking the court to strike down the entire law along with the mandat…
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The Final Countdown: Election Litigation Breakdown with Edward Foley
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Are we headed for another Bush v. Gore? What would that case even look like in 2020? What is happening with all of the coronavirus-related litigation coming up to the Supreme Court right now? With less than a week to go before the 2020 election, SCOTUStalk host Amy Howe talks to election law expert and Ohio State University constitutional law profe…
Amid an ongoing pandemic, the recent death of Justice Ruth Bader Ginsburg and a looming confirmation battle, the eight justices of the Supreme Court began a new term last Monday. SCOTUStalk host Amy Howe sits down with SCOTUSblog media editor Katie Barlow to discuss the first week of the term, including an apparent procedural tweak to telephonic or…
Who is Judge Amy Coney Barrett and what’s next for her confirmation battle? Amy Howe answers these questions and more on this week’s episode of SCOTUStalk. Amy sits down with SCOTUSblog media editor Katie Barlow to discuss the significance of President Donald Trump’s third nomination to the court, what the truncated confirmation timeline will be li…
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“We’ll just have to keep doing the work”: Ginsburg’s clerks remember her example in a tumultuous year
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The members of the 2016-17 clerk class for Justice Ruth Bader Ginsburg started their clerkship amid great uncertainty and a grieving court. In the second in a two-part series of interviews with former Ginsburg clerks, SCOTUStalk host Amy Howe talked with all four of the justice’s clerks from that term: Subash Iyer, Hajin Kim, Beth Neitzel and Parke…
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"Like playing with Michael Jordan": Three former Ginsburg clerks talk about what it was like working for the justice
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SCOTUStalk Host Amy Howe spoke this week with two groups of former law clerks for the late Justice Ruth Bader Ginsburg. In the first of these interviews, Kelsi Brown Corkran, Lori Alvino McGill, and Amanda Tyler share their memories of meeting Ginsburg for the time and working for a boss who herself was such a hard worker. Full Transcript: [00:00:0…
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Grieving RBG: Words of sorrow and gratitude from mourners at the court
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As soon as the public learned of the death of Justice Ruth Bader Ginsburg on Friday evening, mourners began gathering outside the Supreme Court. Leaving flowers, candles and messages in chalk written near the courthouse steps, thousands of people have paid their respects to a woman who inspired a generation and, late in life, attained an iconic sta…
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SCOTUStalk heads to the ballot box: The Supreme Court and the 2020 election
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Ever since Bush v. Gore, the case that effectively decided the 2000 presidential race, the Supreme Court increasingly has been asked to intervene in fraught disputes over election procedures. Add in a pandemic, and the 2020 election season promises to be unprecedented. This week on SCOTUStalk, SCOTUSblog’s social media editor, Katie Barlow, joins A…
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SCOTUS spotlight: Deanne Maynard on ‘split-second decisions’ as an oral advocate
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Deanne Maynard, co-chair of Morrison & Foerster’s appellate and Supreme Court practice, has argued 14 cases before the Supreme Court since her first oral argument in 2004. On this week’s episode of SCOTUStalk, Amy Howe interviews Maynard on how she prepares to argue before the justices, how she pivots away from hostile questions, and why hypothetic…
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SCOTUS spotlight: Tom Goldstein on 'hitting singles' as an oral advocate
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Tom Goldstein, the publisher of SCOTUSblog and partner at Goldstein & Russell, P.C., has argued more than 40 cases before the Supreme Court since his first oral argument in 1999. On this week’s episode of SCOTUStalk, Amy Howe interviews Goldstein on what it’s like to advocate before the nine and how that experience has changed over the past 20 year…
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Obamacare back at the court: ACA Challenge This Fall with Julie Rovner on SCOTUStalk
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The Affordable Care Act will come before the Supreme Court this fall for the seventh time in eight years. Julie Rovner, the chief Washington correspondent for Kaiser Health News and veteran health policy reporter, joins Amy Howe in the latest episode of SCOTUStalk to break down the case, California v. Texas. They talk about the history of ACA chall…
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SCOTUStalk’s end-of-term review with Lyle Denniston
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The Supreme Court’s 2019-20 term was one for the records books. The court offered live audio of oral arguments in May for the first time in history, and it released opinions well into July for the first time in more than two decades. Who better to delve into the good, the bad and the ugly of the term than 60-year Supreme Court reporting veteran Lyl…
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SCOTUSblog co-founders discuss use of live audio in May oral arguments
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When the Supreme Court building closed due to the coronavirus, some of the remaining arguments for the term were rescheduled for a special May session via telephone. For the first time, live audio of oral arguments was made available to the public. SCOTUSblog's co-founders, Tom Goldstein and Amy Howe, talk about the toilet flush heard around the wo…
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Courtroom access: SCOTUStalk stands in line for Supreme Court seats
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Since October, SCOTUSblog has been outside the Supreme Court collecting data and stories from people who traveled to see oral arguments in person during the 2019-2020 term. On December 11, 2019, two of our staff attempted to obtain seats via the public line to watch an argument. They recorded their experience in hopes that it would aid others who w…
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Abortion and the structure of the CFPB: Marcia Coyle joins Amy Howe to discuss last week's oral arguments
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This week on SCOTUStalk, Amy Howe sits down with Marcia Coyle, who covers the Supreme Court for the National Law Journal, to discuss the oral arguments in two cases heard by the court last week -- the first about a Louisiana law requiring abortion providers to have admitting privileges at nearby hospitals and the second involving the leadership str…
On Thursday, February 20, Casetext and SCOTUSblog hosted the second webinar in a two-part series previewing the biggest decisions expected this term at the Supreme Court. Tom Goldstein and Kevin Russell covered President Donald Trump’s tax returns, religious school funding, the future of the Consumer Financial Protection Bureau and faithless electo…
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2020 Supreme Court Preview presented by Casetext and SCOTUSblog
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On January 28, Casetext and SCOTUSblog conducted the first webinar in a two-part series previewing the biggest decisions expected this term at the Supreme Court. Casetext chief operating officer and general counsel Laura Safdie moderated the panel, featuring SCOTUSblog founder and Goldstein & Russell partner Tom Goldstein and Goldstein & Russell pa…
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Are we all textualists now?: Amy Howe and Kevin Russell discuss oral arguments in LGBT employment discrimination cases
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This week on SCOTUStalk, Amy Howe sits down with Kevin Russell to discuss the oral arguments in the LGBT employment discrimination cases heard by the court last week. The pair talk about Pam Karlan's opening argument in Bostock v. Clayton County, the two-minute rule, Justice Kagan's interpretation of "because of sex" and Justice Gorsuch's concern a…
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SCOTUStalk joins We the People podcast to preview the new term
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Last week Amy Howe and John Elwood joined Jeffrey Rosen on the National Constitution Center's podcast "We the People" to preview the Supreme Court term that began this morning. The three discuss cases involving LGBT employment discrimination, DACA, public funding for private religious schools, gun rights and abortion. See acast.com/privacy for priv…
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SCOTUS Spotlight: Tony Mauro on the Supreme Court beat
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This week on SCOTUStalk, Amy Howe of Howe on the Court joins Tony Mauro, who recently retired after nearly four decades covering the Supreme Court. Howe asks Mauro about what he saw on the Supreme Court beat – from the justices deciding an election to contentious confirmation hearings – and what he was hoping to see – from better recruitment of min…
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SCOTUS spotlight: William Jay on oral advocacy
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This week on SCOTUStalk, Amy Howe of Howe on the Court continues her series interviewing Supreme Court advocates. In this episode, William M. Jay discusses his career arguing 17 cases before the court. Jay is a partner at Goodwin and previously served for five years as an Assistant to the Solicitor General. See acast.com/privacy for privacy and opt…
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SCOTUS spotlight: Paul Smith on oral advocacy
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This week at SCOTUStalk, Amy Howe of Howe on the Court begins a four-part series interviewing Supreme Court advocates. In this episode, Paul Smith discusses his notable career arguing 21 cases before the court. Smith is a professor at Georgetown University Law Center and Vice President of the Campaign Legal Center. See acast.com/privacy for privacy…
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Tom Goldstein and Sarah Harrington review past Supreme Court term with Casetext’s Laura Safdie
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On June 28, SCOTUSblog’s Tom Goldstein and Sarah Harrington participated in a webinar discussing the major cases at the Supreme Court this term. The discussion, moderated by Laura Safdie from Casetext, covered Department of Commerce v. New York, holding that a question about citizenship cannot be added to 2020 census until the Commerce Department p…
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From 12 to 8: Final countdown at the Supreme Court
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court reviews Monday’s Supreme Court orders and opinions. The justices released their decisions in four argued cases: Iancu v. Brunetti, United States v. Davis, Food Marketing Institute v. Argus Leader Media and The Dutra Group v. Batterton. The justices also granted review in eight case…
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Monday at the Supreme Court: Four opinions and a GVR
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court reviews Monday’s Supreme Court orders and opinions. The justices released their decisions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill. The justices also g…
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The final three weeks of October term 2018
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court and Tom Goldstein take a look at what’s ahead at the Supreme Court for the final weeks of June. The justices have 24 argued cases still to decide, including a number of the more high-profile cases from this year’s docket: Gundy v. United States, The American Legion v. American Huma…
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Tom Goldstein and David Savage talk through abortion, precedent and the Supreme Court
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly covers the latest Supreme Court news before speaking with Tom Goldstein of SCOTUSblog and David Savage of the Los Angeles Times about abortion and recent legislation aimed at overturning Roe v. Wade. See acast.com/privacy for privacy and opt-out information.…
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SCOTUS spotlight: John Elwood on petitions for certiorari
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly covers the latest Supreme Court news before speaking with John Elwood about the essentials concerning petitions for certiorari. Elwood is a partner at Vinson & Elkins and the author of “Relist Watch.” (In the episode, Elwood suggested there were eight previously rescheduled…
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“Because of sex”: Tom Goldstein and Kevin Russell join Amy Howe to discuss new cases involving whether federal employment discrimination laws protect LGBT employees
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In this week’s episode of SCOTUStalk, Tom Goldstein and Kevin Russell join Amy Howe of Howe on the Court to discuss the Supreme Court's announcement that it will weigh in next term on whether federal employment discrimination laws protect LGBT employees in Bostock v. Clayton County, Georgia, Altitude Express Inc. v. Zarda and R.G. & G.R. Harris Fun…
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Judicial enumeration: Amy Howe and Kimberly Robinson count five justices for the citizenship question in Department of Commerce v. New York
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Kimberly Robinson of last week’s oral argument in Department of Commerce v. New York, a high-profile challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census.…
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A trademark case with colorful language: Amy Howe and Mark Walsh talk through Iancu v. Brunetti
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court briefly reviews the latest SCOTUS news before providing deeper coverage with Mark Walsh of last week’s oral argument in Iancu v. Brunetti, a First Amendment challenge to the ban on registration of “immoral” or “scandalous” trademarks. See acast.com/privacy for privacy and opt-out i…
In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court talks with Professor Stephen Wermiel of American University Washington College of Law about Supreme Court retirements, both in the possible future and from the recent past. See acast.com/privacy for privacy and opt-out information.
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FWOTSC: Justice Sandra Day O’Connor, first woman on the Supreme Court
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In this week’s episode of SCOTUStalk, Amy Howe of Howe on the Court talks with Evan and Oscie Thomas about Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court. Evan is the author of “First: Sandra Day O’Connor,” a biography released last week. See acast.com/privacy for privacy and opt-out information.…
In this week’s episode of SCOTUStalk, Sarah Harrington, a partner at Goldstein & Russell who formerly served as an assistant to the solicitor general, joins Amy Howe of Howe on the Court to talk about life in the Office of the Solicitor General. See acast.com/privacy for privacy and opt-out information.…
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Tom Goldstein unpacks stay in Louisiana abortion case
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Tom Goldstein joins Amy Howe of Howe on the Court to unpack the Supreme Court’s recent order in June Medical Services v. Gee, in which a divided court blocked a Louisiana law that would require abortion providers to have admitting privileges at nearby hospitals from going into effect pending appeal. See acast.com/privacy for privacy and opt-out inf…
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SCOTUStalk: Justices confront constitutional "hot mess" in Peace Cross case
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NPR's Nina Totenberg joins Amy Howe, of Howe on the Court, for a look back at Wednesday's oral argument in American Legion v. American Humanist Association, the challenge to the constitutionality of a 40-foot-tall, 93-year-old cross that stands on a traffic median in the Washington, D.C., suburbs. See acast.com/privacy for privacy and opt-out infor…
Headed out for a jog? Don’t forget to take SCOTUSblog with you. Catch the highlights of the historic day at the Court with our podcast. Click to listen or right-click to download: June 26, 2013 The post SCOTUSblog media: Wednesday’s podcast appeared first on SCOTUSblog.By SCOTUSblog
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Podcast interview – Erwin Chemerinsky’s The Conservative Assault on the Constitution
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SCOTUSblog interviews founding Dean of UC Irvine Law School and constitutional scholar Erwin Chemerinsky about his book The Conservative Assault on the Constitution.
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Chamber of Commerce v. Whiting: Arguments for Petitioners
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Carter G. Phillips presents the arguments for the petitioners. Mr. Phillips is a partner at Sidley Austin LLP.
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Chamber of Commerce v. Whiting: Arguments for Respondent
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Mary R. O'Grady presents the arguments for the respondent. Ms. O'Grady is the Solicitor General of Arizona.
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Thompson v. North American Stainless: Arguments for respondent
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Leigh Latherow, VanAntwerp, Monge, Jones, Edwards & McCann, LLP presents arguments for respondent. Ms. Latherow is counsel to respondent North American Stainless, LP.,
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Thompson v. North American Stainless: Arguments for petitioner
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Helen Norton, University of Colorado Law School, counsel to amici National Women’s Law Center et al., presents arguments for petitioner. Professor Norton is counsel to amici National Women’s Law Center et al.
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Schwarzenegger v. Plata: Arguments for appellants
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Carter G. Phillips, Sidley Austin LLP, presents arguments for appellants. Mr. Phillips is counsel to appellant Arnold SchwarzeneggerBy Tom Goldstein
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Schwarzenegger v. Plata: Arguments for appellees
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Paul D. Clement, King & Spalding LLP, presents arguments for appellees. Mr. Clement is counsel to appellee Ralph Coleman.By Tom Goldstein
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Arizona Christian School Tuition Organization v. Winn: Arguments for Respondents
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Francisco M. Negrón, Associate Executive Director & General Counsel, National School Boards Association, presents arguments for respondents. The National School Boards Association filed an amicus brief in the case.By Tom Goldstein
