Good Behaviour #5: "Constitutional Hardball"

FromFirst Mondays

Start listening View podcast show

Good Behaviour #5: "Constitutional Hardball"

FromFirst Mondays

ratings:

Length:

52 minutes

Released:

Jun 28, 2018

Format:

Podcast episode

Description

Justice Anthony Kennedy has announced his retirement. What now? We continue our series on Supreme Court vacancies, with Dan and Leah-- both former Kennedy clerks-- setting the stage.

Released:

Jun 28, 2018

Format:

Podcast episode

Titles in the series (100)

First Mondays is an entertaining podcast about the Supreme Court.

Skip carousel

OT2016 #8: "Don't Think It's Going To Be 9-0": The Slants have released a new song, the Supreme Court has released opinions, and Justice Breyer has got an idea for an innovative gold heist. by First Mondays
99 min listen
OT2016 #5: "Why Do We Wear Robes?": Justice Breyer's got theories about fashion, and the First Mondays team is on it. This week, we begin with the special meeting of the Supreme Court's bar to honor Justice Scalia, and the Chief Justice's courtesy vote to stay an execution. We also discuss by First Mondays
90 min listen
OT2016 #1: "The Satisfaction of Giving a Gift": In the inaugural episode of First Mondays, Ian and Dan break down the first week of the Supreme Court's new Term. by First Mondays
58 min listen
OT2016 #15: "The Roller Derby Across the Street": We’ve got a jam-packed episode to wrap up the Supreme Court’s February sitting. As we analyze Hernandez v. Mesa, it becomes clear that we have another #BadLawyerGate situation on our hands. Guess which justice (figuratively) rips up that attorney’s argume by First Mondays
77 min listen
OT2016 #11: "Close to Using a Swear": Last week, the Supreme Court heard its first arguments of 2017, and Dan & Ian have the recaps. And as we gear up for arguments in crimmigration case Dimaya v. Lynch, First Mondays welcomes attorney Brian Goldman. It's the first time we've hosted a member by First Mondays
60 min listen
OT2016 #7: "Do We Even Really Know the Name?": The holiday season is in full swing—with the first opinion announcement of the year. by First Mondays
79 min listen
OT2016 #3: "Dumb and Disrespectful": We bring the October sitting to a close, recap Pena-Rodriguez and Samsung, and make a futile attempt to predict this month's assignments. Plus: RBG on Kaepernick. by First Mondays
66 min listen
OT2016 #4: "Federal Circuit, Never Change": The November sitting has begun! This week, we begin with Judge Posner's low opinion of the Supreme Court, and the new grants concerning gender identity, free speech for sex offenders, and the consequences of California's statutory-rape law for immigrants by First Mondays
65 min listen
OT2016 #20: "Who Is Calling Justice Breyer?": Recapping the last arguments for October Term 2016, and more. by First Mondays
67 min listen
OT2016 #14: "Stone Cold, Lead Pipe Lock": This week we try to get to the bottom of a dissent to denial from Justice Sotomayor. (Two words: firing squad.) We also talk to immigration attorney Andrea Sáenz about the upcoming case, Esquivel-Quintana v. Sessions, and Leah teaches us the key differenc by First Mondays
88 min listen
101 First Street #2: "The Most Exciting Parts": In this second episode in our 101 First Street series, we go inside oral arguments at the Supreme Court. Who talks first? How long until they get interrupted? After it's over, then what? by First Mondays
50 min listen
Good Behaviour #4: "The Justin Bieber Standard": In our fourth episode of tracking Judge Neil Gorsuch’s nomination to the Supreme Court, we get into the greatest hits of his confirmation hearings. How do you pronounce his name? Does the "frozen trucker case" invoke the absurdity doctrine? Which Democrat by First Mondays
83 min listen
OT2016 #17: "Kill Any Potential Hipness": This week it’s First Mondays XL, with more Supreme Court content than you can shake a gavel at. First off, we respond to a bunch of listener feedback about stuff we got wrong, stuff we got right, and stuff no one can quite figure out. (Here’s looking at y by First Mondays
96 min listen
OT2016 #6: "Live By The Sword, Die By The Sword": It's a jam-packed holiday episode of First Mondays! by First Mondays
105 min listen
OT2016 #2: "The Worst Part About Being a Supreme Court Justice": Ian and Dan recap the first week back at the Supreme Court, including Justice Breyer's strange theories about Kim Kardashian. by First Mondays
78 min listen
OT2016 #9: "What's Not on That February Calendar": In this holiday bonus episode of First Mondays, we introduce our new producer, Melody Rowell. We also break down the Court's new grants, the release of the February calendar, and the supplemental briefing order in Jennings. by First Mondays
26 min listen
In Recess #4: "Stone Soup": The Supreme Court did juuuust enough to warrant us stepping back into Historic First Mondays Studios. We’ll talk about the recently released November argument calendar, the latest in the travel ban, and whether or not Justice Gorsuch should give a speech by First Mondays
66 min listen
OT2017 #9: "Peak SG": It’s an action-packed episode worthy of an action-packed sitting of the Court! We'll recap the oral arguments in Masterpiece Cakeshop. We'll also talk with NPR's Nina Totenberg, who tells us what she noticed in the courtroom these past two weeks. by First Mondays
85 min listen
Good Behaviour #2: "Disheartening and Demoralizing": In this second episode of the Good Behaviour miniseries, Dan and Ian continue to chronicle the nomination of Judge Neil Gorsuch to the Supreme Court. What is it with Judge Gorsuch and his yearbooks? How much cash did he have on hand in 2006? And will he h by First Mondays
46 min listen
OT2016 #13: "Harriet Miers Bobblehead": After a long break, the Supreme Court is back in session, and we resume our regularly schedule programming. We analyze the March and April argument calendars (you'll never believe which case finally got scheduled), and we take a deep dive into this week's by First Mondays
55 min listen
OT2017 #25: "The Way The Chief Loves Mootness": It's opinion season at the Supreme Court, and we have five decisions to go through. From sports betting, to rental cars, to shackling criminal defendants, we'll break them down so you're fully informed for your next trip to the office water cooler. by First Mondays
75 min listen
OT2016 #19: "Cusp of a Revelation": It was a pretty big week at the Supreme Court. First, we talk about what the heck is going with expiring execution drugs in Arkansas, and how that plays out within SCOTUS chambers. Then, for the first time since the beginning of this podcast, we had nine by First Mondays
65 min listen
Amici Teaser: "Hunting for Truffles": If you need your First Mondays fix, there's a new bonus episode for Patreon subscribers! We talk all things cert pool, and (spoiler alert) Dan and Ian really disagree. Subscribe at patreon.com/firstmondays. by First Mondays
1 min listen
101 First Street #1: "Ser-shee-or-RARE-eye": How does the Supreme Court actually work? How does the Court decide what cases to hear? How do you pronounce "certiorari?" What's the difference between a relist and a reschedule? Why are some briefs grey? by First Mondays
60 min listen
OT2016 #10: "You Would Wear a Stroller": The Supreme Court is (finally) back in session, and Dan and Ian are ready with previews of Expressions Hair Design v. Schneiderman, and Nelson v. Colorado. They'll also talk to Gabe Roth of Fix the Court about Chief Justice Robert's recent controversial r by First Mondays
62 min listen
OT2016 #16: "His Elegant Fountain Pen": We took a week off, and we're making it up to you with an episode chock full of Supreme Court goodness. We've got orders! Opinions! Dissents! Concurrences in denial! The question of whether or not Justice Breyer has become a death penalty abolitionist! Wi by First Mondays
68 min listen
The Annual: OT2016 in Review (ft. Nina Totenberg): It’s the finale of our first season! To celebrate all that was OT2016, and to look to the year ahead, we went to the queen of SCOTUS radio herself: Nina Totenberg. We also dish out superlatives— best dig at an advocate, best quip in an argument, worst opi by First Mondays
118 min listen
OT2017 #4: "Wind, Diabetes, & Voluntary Retirements": For our first-ever live show, we traveled to the University of Michigan—go Blue—and are joined by alumna Leah Litman. Before we ring in the November sitting, we discuss the important stuff: expensive sandwiches, factual errors, and the travel ban. by First Mondays
75 min listen
OT2016 #12: "That Makes No Sense": This week, Dan and Ian have a conversation with Adam Liptak, the Supreme Court correspondent for the New York Times. During argument recaps, you'll learn the circumstances under which you should rethink all the choices that led you to argue in front of th by First Mondays
75 min listen
OT2016 #22: "Golden Phoenix": After a brief break for a trip to Vegas, we're back with a jackpot of opinions to recap. Yep, we break down each of the six opinions that have been released in the last couple of weeks. We've got everything from gerrymandering to patents to arbitration ag by First Mondays
91 min listen

More Episodes from First Mondays

Skip carousel

OT2018 #19: "Fake Mootness": As we enter the February sitting, we give you the rarest of episodes: a completely comprehensive preview of all the cases that will be argued this week! All two of them! by First Mondays
68 min listen
OT2018 #18: "Rorschach Test": We thought it'd be a quiet week, but the Supreme Court had other plans. Amy Howe joins to catch us up on the news. We also get a taste of American University law professor Robert Tsai's new book, Practical Equality. by First Mondays
70 min listen
OT2018 #17: "The Most Distinguished Recording Location": Dan has a great conversation with Judge Marsha Berzon of the Ninth Circuit and Professors Rory Little and Zach Price, both of UC-Hastings College of the Law. by First Mondays
67 min listen
OT2018 #16: "From Scratch": We've got a breather between sittings, so Steve Sachs joins us as we recap an opinion, take a look at some grants and orders, discuss whether law school clinics are good or bad ideas, and ask a lot of questions. by First Mondays
93 min listen
OT2018 #15: "Second Best Opinion": Dan and Leah recap the end of the January sitting and catch you up on the latest opinions and cert. grants. by First Mondays
61 min listen
OT2018 #14 "Decent Take": Dan, Leah, and Danielle break down arguments from the first week of the January sitting. by First Mondays
62 min listen
OT2018 #13: "Beer For Lunch": New year, new sitting! Merritt McAlister joins us from the University of Florida to catch up on Supreme Court news and look ahead to the coming arguments. by First Mondays
67 min listen
Amici #25 [UNLOCKED]: "Tough Phone Call": In the holiday spirit, we've unlocked a bonus episode. Last June, at the Arizona State Bar Convention, Dan interviewed two judges: Hon. Andrew D. Hurwitz and Hon. Ruth McGregor. by First Mondays
76 min listen
OT2018 #12: "Inconceivable!": It's an off week for the Supreme Court, so we've got another great ensemble cast to take a deep dive into issues that regularly come up on the show. Kate Shaw of Cardozo Law guest hosts. by First Mondays
110 min listen
OT2018 #11: "A Lot Of Meatballs": There are twice as many women in this episode as there were at the Supreme Court podium in the whole December sitting. Leah and guest host Jaime Santos recap the week's arguments with two special guests. by First Mondays
87 min listen
OT2018 #10: "Come On, General": Dan and Leah recap Supreme Court news, an opinion and two arguments, and they look ahead to the cases being argued this week. by First Mondays
79 min listen
OT2018 #9: "8,000 Pounds of Shark Fins": Beth Colgan of UCLA joins us to preview a fascinating case about excessive fines (yes, really) called Timbs v. Indiana. by First Mondays
94 min listen
OT2018 #8: "Animal Magnetism": The First Mondays national tour continues! This week we’re live at Duke Law School. With professors Marin Levy and Steve Sachs, we take a deep dive into Nutraceutical Corp. v. Lambert, a case that arises from some particularly spicy factual allegations. by First Mondays
69 min listen
OT2018 #7: "Now Who's the Legal Realist?": Will and Dan catch you up on a lot of recent news and debrief the November sitting. by First Mondays
80 min listen
OT2018 #6: "Hook 'Em, Tom": Dan is joined by Prof. Steve Vladeck for a live show at the University of Texas. by First Mondays
83 min listen
OT2018 #5: "Arbitration Nation": This episode is late, but we have a good reason. We get up to speed on the cases in front of the Supreme Court this week, as well as some other SCOTUS-adjacent news. by First Mondays
58 min listen
OT2018 #4: "This Is About Frogs": First Mondays is live from Columbia Law School, where we bring in a ringer: guest Professor Richard Epstein of NYU. by First Mondays
60 min listen
OT2018 #3: "Ordinary Pinch": We're back to a nine-member Court, and we're here to recap arguments from the past week. Since Will is filling in as recurring guest host, we also take a look at the so-called "shadow docket." Plus, are the justices getting along? by First Mondays
90 min listen
OT2018 #2: "Alea Iacta Est": Ian is joined by returning guest host Professor James Stern to break down the first week of the October sitting. by First Mondays
72 min listen
OT2018 #1: "Rearranging Deck Chairs": The first Monday of October Term 2018 is upon us, which means it's time for the kick-off of our third season. Live from Washington University in St. Louis, we bring you previews of the week's arguments. The cases involve a range of issues, from the Federa by First Mondays
80 min listen
OT2018 #0: "Looks A Lot Like Grift": We're kicking off our third season with a live show at William & Mary! Professor James Stern joins us as we take the birds-eye view of OT2018. This year will bring cases about excessive fines, the death penalty, and just about everything in between. by First Mondays
72 min listen
In Recess #10: "Special Horses": It's our first five-mic episode! We're joined by Kent Greenfield and Adam Winkler, who both have new books about corporate personhood, as well as our bankruptcy expert, Danielle D'Onfro. by First Mondays
70 min listen
Good Behaviour #10: "Bad Bens": In our (hopefully) final episode of Good Behaviour (for a while), Ian and Leah discuss their favorite and least favorite moments of the Kavanaugh confirmation hearings. by First Mondays
88 min listen
In Recess #9: "Hoofbeats in the Distance": Just in time for the Kavanaugh confirmation circus, we have a lively interview with David Kaplan about his new book, "The Most Dangerous Branch: Inside the Supreme Court's Assault on the Constitution." by First Mondays
51 min listen
Good Behaviour #9: "A Bunch of Printers": Will Baude joins us to discuss the latest news of the Kavanaugh nomination. Plus, what do we mean when we talk about originalism? by First Mondays
83 min listen
1L First Street #1: "Dumbo's Feather": We're launching a new series aimed at helping law students survive the best/worst three years of their lives. In this episode, we'll talk about study groups, thinking like your professor, and the best food-related way to make it through an exam. by First Mondays
85 min listen
In Recess #8: "Would You Rather": Rick Hasen joins us to talk about his new book, "The Justice of Contradictions: Antonin Scalia and the Politics of Disruption." by First Mondays
73 min listen
Good Behaviour #8: "Batting .998": We round up the latest Kavanaugh news, including speculation on the Bush documents and a debate over whether Democrats should support his confirmation when they disapprove on the merits. by First Mondays
63 min listen
In Recess #7: "Robot Ban": We are live at the offices Akin Gump in Washington DC to talk with Pratik Shah and Martine Cicconi. by First Mondays
56 min listen
In Recess #6: "Allen Charge": We get caught up on our backlog of our hotline calls while also briefly recapping the latest news on the battle to confirm Judge Brett Kavanaugh to the Supreme Court. by First Mondays
50 min listen

Discover this podcast and so much more

Good Behaviour #5: "Constitutional Hardball"

Good Behaviour #5: "Constitutional Hardball"

Description

Titles in the series (100)

More Episodes from First Mondays