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!

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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: Forging Justice in a Divided Nation.

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Dan and Leah were in San Francisco this past weekend for a great symposium sponsored by the Hastings Law Journal called "The Jurisprudence of Justice Anthony M. Kennedy—Four Decades of Influence." While he was in the City by the Bay, Dan managed to record a fun conversation with Judge Marsha Berzon of the U.S. Court of the Appeals for the Ninth Circuit and UC-Hastings College of the Law professors Rory Little and Zach Price. The group offers their takes on Justice Kennedy's legacy, talk through some interesting clerkship anecdotes, and discuss Prof. Price's fascinating symposium article about "symmetric constitutionalism."

*This episode is sponsored by the Great Courses Plus. For a free trial, with access to all o the content at the Great Courses Plus including "Turning Points in Modern History," go to http://thegreatcoursesplus.com/firstmondays.*

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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 about Steve and Will Baude's amicus brief in Franchise Tax Board of California v. Hyatt. Plus, we get a peek at an upcoming bonus episode with Leah and Michele Goodwin, discussing the history of abortion regulations in light of Box v. Planned Parenthood of Indiana and Kentucky.

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The January sitting is over and the Court will be out of session for a few weeks. But First Mondays keeps on working even when the Justices are taking a break. Dan and Leah catch you up on the court's latest opinions; review the big batch of cert. grants, as well as the high-profile petitions the court hasn't (yet) granted; and play a few fun clips from last week's arguments. That’s not all—listen to hear us discuss an interesting recent piece by Daniel Hemel on Justice Ginsburg and the value of life tenure, puzzle over why trust fund babies are suddenly looking to the Justices for some tax relief, and explain what Justice Gorsuch’s Tenth Circuit opinions might mean for the Court’s recent grant in Rehaif v. United States. And last but not least—Leah goes into Beast Mode as we discuss her favorite topic, the Armed Career Criminal Act, when recapping the unusual 5-4 opinion in Stokeling v. United States.

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Dan and Leah are joined by Danielle D'Onfro to break down the first week of the January sitting. We catch you up on everything the Court has been up to—including Justice Kavanaugh's very first majority opinion—before recapping oral arguments in Herrera v. Wyoming, Obduskey v. McCarthy & Holthus LLP, and Franchise Tax Board v. Hyatt.

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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.

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Merry Christmas Eve! We at First Mondays have gotten you all the gift we know you've been wishing for: an unlocked bonus episode that was previously released exclusively to our Patreon backers.

Last June, Dan interviewed our first judicial guests at the Arizona State Bar Convention. Hon. Andrew D. Hurwitz, Judge of the United States Court of Appeals for the Ninth Circuit, and Hon. Ruth McGregor, former Chief Justice of the Arizona Supreme Court, join us to talk about their careers, as well as their memories from their time as Supreme Court clerks.

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 with Leah. Anne Joseph O'Connell joins us to discuss the appointment of Matthew Whitaker, and Richard Primus gives us the lowdown on different methods of constitutional interpretation.

We're taking a break for the holidays, so we'll see you in January! Now's a great time to subscribe to our Patreon and catch up on bonus episodes. We've got a bunch in the bag that we'll be letting out one at a time over the coming weeks.

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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. First, we’re delighted to have with us Lindsay See, the Solicitor General of West Virginia, to discuss her argument in Dawson v. Steager. Then, we play the highlight reel of another first-time advocate, Ishan Bhabha, in Biestek v. Berryhill. Finally, Kate Levine calls in to help us understand a case that kind of baffled us last week: Gamble v. United States.

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There's a lot to catch up on this week-- the second opinion of the term, some weird filings from the government, and plenty of Supreme Court news. Dan and Leah also recap two arguments: Carpenter v. Murphy and Timbs v. Indiana. We'll also look ahead to this week's argument in Gamble v. United States.

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If you're sick of leftovers, we've cooked up a fresh batch of argument previews for your enjoyment. Beth Colgan of UCLA joins us to prepare and serve the main course: a fascinating case about excessive fines (yes, really) called Timbs v. Indiana.

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The First Mondays national tour continues! This week we’re live at Duke Law School, with not one but two great guest hosts: Professors Marin Levy and Steve Sachs. We catch up on recent SCOTUS news and talk through a recent set of opinions from the “shadow docket.” Then, as both of our guests are civil procedure experts, we take a deep dive into Nutraceutical Corp. v. Lambert, a nerdy-but-interesting procedural case that arises from some particularly spicy factual allegations. Listen to the end for a surprise during the audience Q&A, as perhaps our most distinguished questioner ever crashes the party.

This episode is sponsored by Trupanion. Trupanion is the trusted name in pet insurance for nearly a half million pets and more than twenty thousand veterinarians. Go to trupanion.com/firstmondays to learn more and get a quick quote. Trupanion is underwritten by American Pet Insurance Company. Terms and conditions apply. See website for details.

If you were hoping that the Supreme Court news cycle would slow down, you’re going to be disappointed this week—there’s a lot to talk about! Will and Dan catch you up on Justice Ginsburg’s health scare, Justice Kavanaugh’s investiture, a couple of interesting requests for additional briefing in recently argued cases, some intriguing new cert. grants, lots of activity on the “shadow docket,” and more. And—oh yeah—there’s also the end of the November argument session to recap and the Term's first merits opinion to talk about. We also take a detour into the constitutionality of Acting Assistant General Matthew Whitaker’s appointment, and answer several questions from the Hotline. Despite all that content, we somehow managed to keep this one well under epic-length. The signal to noise ratio is very high in this episode!

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite items from Everlane's selection of great clothing, and to get free shipping on your first order, visit everlane.com/firstmondays.

This episode is also sponsored by The Great Courses Plus. Learn about anything and everything--including the brand new course "Investigating American Presidents"--from some of the greatest minds on earth. For a month-long free trial with access to their entire library of content, visit thegreatcoursesplus.com/firstmondays.

We're live at the University of Texas School of Law in Austin! Because of Ian's early arrival, Texas's Prof. Steve Vladeck stepped up to the plate to join Dan as a guest host. We talk about a recently revealed SCOTUS-related wedding proposal, the Supreme Court's headwear rules, some proposed changes to the Court's Rules, and other interesting pieces of Supreme Court news. Then, after quickly catching you up on the orders docket, we take a deep dive into two cases at the intersection of federal courts and foreign relations that are being argued during the November sitting: Jam v. International Finance Corporation and Republic of Sudan v. Harrison. As a bork-hearings-an-intellectual-appetite.html">famous failed Supreme Court nominee once said, it's an "intellectual feast." Grab a fork and dig in!

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This episode is late, but we have a good reason.

We get up to speed on Supreme Court news, as well as some grants with truly great and truly terrible case names. Then, we turn to the week's arguments, making you an expert in all things arbitration.

First Mondays is live from Columbia Law School, where we bring in a ringer: guest Professor Richard Epstein of NYU. He joins us in discussing the frogs of Weyerhaeuser Company v. United States Fish and Wildlife Service and a very mysterious brief in opposition for United States v. Haymond.

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This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

Judge Kavanaugh is now Associate Justice Brett M. Kavanaugh, and so we're back to a nine-member Court. Since Will is filling in as recurring guest host, we'll take a look at the so-called "shadow docket" to see what the justices are up to outside of the courtroom.

Then, we'll get back to business as usual and recap arguments from the last week. Nielsen v. Preap features some great advocacy, wherein the justices get a taste of their own hypothetical-infused medicine. Then, we've got two cases about the definition of burglary: Stokeling and Stitt.

Plus, can we tell if the justices are all getting along?

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You might have forgotten given everything else that has been going on, but the Supreme Court is actually still hearing cases. We're halfway through the October sitting, and Ian is joined by returning guest host Professor James Stern of William & Mary to break things down. We cover labor law's intersection with arbitration, the Takings Clause, and immigration—plus lots more—as we recap last week's arguments in Knick v. Township of Scott and New Prime Inc. v. Oliveira while also previewing this week's argument in Nielsen v. Preap.

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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 Federal Arbitration Act to the death penalty, and we know that-- for now-- they'll be decided by an 8-member court. Speaking of, that hearing was... something. We'll share our reactions as best we can, with the hopes that we'll do a more in-depth analysis of the latest Kavanaugh confirmation news soon.

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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.

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

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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.

Kent's book is Corporations Are People Too: (And They Should Act Like It). It comes out next month-- pre-order today!

Adam's book is We the Corporations: How American Businesses Won Their Civil Rights.

Thanks to Blinkist for sponsoring this episode. Not enough time to read that stack of books on your shelf? Blinkist provides summaries of thousands of best-selling non-fiction books that you can read or listen to within 15 minutes. For a 7-day free trial, visit http://www.blinkist.com/firstmondays.

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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.

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This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

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.

This episode is sponsored by Lending Club. Whether you want to pay off a credit card, make some improvements around the house, buy expensive baseball tickets, or take a fabulous vacation, Lending Club can loan you the money you need. Visit http://www.lendingclub.com/firstmondays to check your rate and get started.

This episode is also sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

Will Baude joins us to discuss the latest news of the Kavanaugh nomination. Plus, what do we mean when we talk about originalism?

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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.

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Rick Hasen joins us to talk about his new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption.

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.

We recorded this week’s episode live at the Washington, DC offices of Akin Gump. We’re joined by two members of the firm’s Supreme Court and Appellate Practice—Pratik Shah, a former Assistant to the Solicitor General, and Martine Cicconi, who worked in the White House Counsel’s office and clerked for Justice Ginsburg. We talk through the strategy behind the firm’s win in Patchak v. Zinke, reflect on their important amicus brief in Trump v. Hawaii, and discuss how to build a successful Supreme Court practice in an increasingly crowded field.

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We were in Chicago speaking at the National Foundation of Judicial Excellence's Annual Judicial Symposium this past weekend, and we took some time to eat Japanese BBQ, drink sake, and record a new episode. We get caught up on our backlog of our (disappointingly male-dominated) hotline calls while also briefly recapping the latest news on the battle to confirm Judge Brett Kavanaugh to the Supreme Court.

*This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.*

*This episode is also sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.*

October Term 2017 has been officially gaveled out, and the Justices are all doing exciting things like "teaching" in Europe. But we're not taking the summer off. Instead, we're to give you 2018's first installment of our summer series, "In Recess." In this episode, we start to chip away at our huge backlog of hotline calls, and talk through some interesting religious liberty cases the Court has on its docket—while also providing a brief update about just how much Supreme Court nominee Judge Brett Kavanaugh loves baseball.

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Well, one question has been answered: Judge Brett Kavanaugh has been nominated to succeed Justice Anthony Kennedy on the Supreme Court.

But plenty more questions remain: How much did Justice Kennedy have to do with the nomination? Where does Judge Kavanaugh fall on the ideological scale? How did neatly packaged conservative and liberal judicial strategies come to be? And are we actually just re-living the beginning of the 20th century?

It’s the second-ever First Mondays annual! Leah* joins an episode devoted to looking back on OT2017, even with so many possibilities for the Court’s future. That includes another round of First Mondays superlatives, and no spoilers, but Justice Kagan didn’t win them all (but did come up in almost every category). After the best and the worst of OT2017, from cases ranging from Sessions v. Dimaya to Ortiz v. United States to Gill v. Whitford to NIFLA v. Becerra to Husted v. A. Philip Randolph Institute (and more!), a brief word about some things to watch for in OT2018.

Special thanks to Matt Farley of Motern Media for yet another perfect song to cap the term.

*Read her tribute, "Justice Kennedy's Counter-Clerks," on SCOTUSblog.

Just how political are Supreme Court justices, and what can we learn from data? In this episode, the latest installment of our "Good Behaviour" series, we talk with Professor Lee Epstein of Washington University in St. Louis, the leading expert on the empirical analysis of the Supreme Court. She helps us think through Justice Kennedy's legacy, what his retirement means for Chief Justice Roberts, and how his replacement might change the law.

We made it! OT2017 came to a close last week, but not before dropping quite a few bombshells. We'll discuss what the Supreme Court decided in matters relating to crisis pregnancy centers and free speech, public sector union dues, and President Trump's travel ban.

Make sure you're subscribed to the show in the podcast app of your choice. This summer we're reviving our Good Behaviour series, paying close attention to the confirmation process for whomever is nominated to fill Justice Kennedy's seat.

This episode is sponsored by Wunder Capital, the easiest way to invest in large-scale solar energy projects across the U.S. With Wunder, you can earn up to 7.5% annually while helping to finance renewable energy projects. To learn more, go to http://wundercapital.com/​mondays​.

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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.

We take a running start and try to get through as many opinions as we can. We discuss gerrymandering, online sales tax, and cell phone records. Plus, we interview the man, the myth, the legend-- two-time Supreme Court winner Fane Lozman.

Live from New York, it's First Mondays! Many thanks to Shearman & Sterling for hosting us.

We have some more opinions as the Supreme Court attempts to finish OT2017 on time. First, we'll discuss #KaganStyle in Sveen v. Mellin, along with what the decision means for a certain advocate's win-loss record. We'll also talk about why registering to vote shouldn't be so difficult, what happens when an 8-member Court is equally divided, how to keep things chill at the polls, and which version of the dictionary is the best version.

Well, it looks like Masterpiece Cakeshop came in with a bang and out with a whimper. Will Baude, Assistant Professor at the University of Chicago Law School, joins us for a three-mic show to discuss that opinion, along with the results in Hughes and Koons.

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

This episode is also sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

We answer many pressing questions in this week's episode:

• Is the curtilage legally a part of someone's home?
• Is it better to be right or to have fun?
• As a clerk, how badly do you have to mess up to get dunked on in a judicial opinion?
• What's the correct pronunciation of Skagit?
• How long has #GorsuchStyle been a thing, really?
• Speaking of, where's the link to that gorsuch-became-the-second-most-polarizing-man-in-d-c.html">NY Mag profile on Justice Gorsuch?

And of course, we recap the two opinions and a DIG the Supreme Court handed down last week.

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

The pace of Supreme Court opinions continues to be at crawl, but we have two to talk about this week, both written by Justice Gorsuch: Epic Systems Corp v. Lewis and Upper Skagit Indian Tribe v. Lundgren. We'll also recap some new grants for OT2018 and answer a few hotline calls.

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

Supreme Court opinions have been coming down in a slow trickle, but it's enough to quench our thirst. This week, we recap five cases the justices decided last week: from sports betting to privacy expectations in rental cars, from shackling criminal defendants to determining effective assistance of counsel. Plus, we return briefly to the 8-member court as Justice Gorsuch sits out on a case about wiretapping.

We'll start it all off looking at some cases that have been granted for next term, and we'll finish by trying to game out who is writing which remaining opinions.

This week, support for First Mondays comes from The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

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This week, we come to you from Bank of America's Legal Round Table conference in Charlotte, North Carolina. After sitting on a panel, we recruited two guest hosts for this episode: Roman Martinez of Latham & Watkins, and Willy Jay of Goodwin Procter.

The Court hasn't given us much to talk about, but fortunately we held a couple of opinions for exactly this reason. We'll get into the results in the patent law cases of Oil States Energy Services v. Greene’s Energy Group and SAS Institute Inc. v. Iancu.

Finally, we'll get a tiny peek into next season of First Mondays by going over some recent grants, including one interesting death penalty case about the method of execution.

Special thanks to our sponsor this week, The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

The Court finished up its final sitting of OT2017 last week, and the Justices heard argument in several big cases in what is proving to be a hugely consequential Term. We recap oral arguments in the travel ban case, Trump v. Hawaii, as well as the fascinating separation of powers dispute, Lucia v. SEC. We also take a deep dive into Jesner v. Arab Bank, one of the biggest opinions the Court released has released so far this Term.

We're live at the University of Akron School of Law to preview the Court's final—and perhaps its most important—sitting of October Term 2017. Come for our predictions on the Travel Ban case, Trump v. Hawaii. Stay for Ian's rant on interstate egg regulation, Dan's second thoughts on #GorsuchStyle, a radical proposal for habeas reform, and a whole lot more—including a recap of the Court's biggest opinion of the Term so far, Sessions v. Dimaya. We also fill you in on the Court's slightly-less-exciting opinions in United States v. Microsoft and Wilson v. Sellers, discuss some interesting relists, and take some great audience questions—including one by a Volokh Conspirator who made a surprise appearance (listen 'til the end to find out who!).

This week's episode is sponsored by The Great Courses Plus. For a free month of unlimited access to The Great Courses Plus's library of fascinating lectures about various topics, including a course about the history of the Supreme Court, go to: http://thegreatcoursesplus.com/firstmondays.

We're coming up on the final arguments of OT2017, and we'll get you ready with a preview of the future of online sales tax in South Dakota v. Wayfair. We'll also catch up on grants, orders, and opinions. What's with the Court and qualified immunity cases? Why is Justice Sotomayor fired up in her dissent, and why is Justice Ginsburg the only other liberal justice to back her up? Plus, with the help of a hotline call, we'll talk about what would happen if a majority of justices have to recuse themselves from a case.

And speaking of hotline calls, we got a lot of them! We'll answer your questions and praise your dedicated research skills.

The Supreme Court's March sitting goes out like a lamb... if a lamb symbolizes a 9-0 opinion written by Chief Justice Roberts. But first, we're going in like a lion and naming names in the War on Arbitration-- those Biglaw firms that require summer associates to sign arbitration agreements. And as for that lamb of a sitting, we'll talk about what the Chief's opinion in Hall v. Hall means for the definition of "consolidation." And then, it's round two of partisan gerrymandering in Benisek v. Lamone. With some incisive questions from the Chief and Justices Kennedy and Kagan, we might be a little closer to understanding the potential outcomes.

Live from Yale Law School, it's First Mondays! We're joined by Linda Greenhouse, Joseph Goldstein Lecturer in Law, and Knight Distinguished Journalist in Residence. First, we'll discuss the orders docket-- what does it signal when the three liberal justices join Justice Breyer in a statement about denying a dealth penalty case? Then, we'll address the trickle of opinions that have come out, and speculate about what's holding back the floodwaters. We'll move on to recapping the argument in NIFLA v. Becerra-- the case about abortion and the First Amendment. Is Justice Kennedy right in that justices shouldn't use the internet to supplement the record? Finally, we'll look ahead to next week and preview Hughes v. United States and Benisek v. Lamone. For the latter, we theorize about why the Court is hearing another partisan gerrymandering case when Gill v. Whitford is still pending.

With Court business taken care of, we get some time to talk to Linda about some of her recent writing, including her view of Chief Justice Roberts' justice-roberts-middle.html">search for middle ground, and how she thinks antonin-scalia-legacy.html">Justice Scalia's legacy is holding up.

And since it's live, we'll close with a few audience questions! Many thanks to Yale Law School for hosting us, and to Linda Greenhouse for joining our discussion.

Leah Litman returns to the co-host chair to join Ian for a look ahead at the March sitting. We preview National Institute of Family and Life Advocates v. Becerra, a case at the intersection of abortion and the First Amendment. We'll also talk about Sveen v. Melin, a contracts clause case that will determine what happens to life insurance after divorce.

But before we get into those, we try something new-- flagging a few interesting cert petitions that we'll watch as they make their way through the Court's discussion lists. There are also birthdays and anniversaries to celebrate, as well as some key corrections to issue.

While the Supreme Court takes a breather between sittings, we delve into the grants, orders, and opinions they've been churning out over the past few weeks. Good news-- at least some of them are interesting! We'll talk about everything from original jurisdiction, to the death penalty, to a detained immigrant's rights, with a lot more in between. Plus, we turn to Danielle D'Onfro for her expertise in one bankruptcy case-- and another case merely pretending to be a bankruptcy case.

We'll close out with a few hotline calls, including one that will speak to your inner poet.

The February sitting is over, but the argument recaps are just beginning. We welcome back Nina Totenberg to talk about four big cases from the past two weeks: Janus v. American Federation of State, County, and Municipal Employees, Council 31; Minnesota Voters Alliance v. Mansky; United States v. Microsoft Corp.; and Lozman v. City of Riviera Beach.

Next week we'll talk about orders and opinions, and we'll also answer your questions-- so call the hotline: 202-813-0839.

We're switching it up and spending the whole episode on one case: United States v. Microsoft Corp. You know about storing stuff on the Cloud-- but what does it mean for your privacy when the cloud is technically located in another country? We'll get help understanding both sides with two special guests: Andrew Woods, Assistant Professor of Law at the University of Kentucky, and Brad Smith, President and Chief Legal Officer of Microsoft.

The Supreme Court's long break is over and we're here to preview some of the most interesting cases from the February sitting. We take a deep dive into Janus v. AFSCME, Lozman v. City of Riviera Beach, Currier v. Virginia, and Ohio v. American Express. We also speculate about who Justice Ginsburg threw some recent shade at, and we wrap things up with some hotline calls.

In the bleak midwinter, the Supreme Court gave us three opinions to mull over while we wait for the next argument session. We'll talk about the outcomes-- and how they line up with our predictions-- in District of Columbia v. Wesby and Artis v. District of Columbia. And for good measure, we'll toss in about 30 seconds on National Association of Manufacturers v. Department of Defense.

We'll also talk about the justices' presence at the State of the Union, the advent of #GorsuchStyle, and a redistricting move in Pennsylvania. Plus, we'll clean out our hotline inbox to answer some of your questions.

It's a federal courts feast this week, and the main course is a conversation with Professor Stephen Vladeck of the University of Texas School of Law, who argued for the petitioner in Dalmazzi v. United States. He'll give us the answers to three very important questions:

1. At 6'8" tall, did he crank the podium in the court before addressing the justices?
2. What is the Golden CAAF award?
3. How on earth do you answer Justice Kennedy's question about one of the most important cases in Supreme Court history?

For appetizers, we'll provide a party platter of the grants that came out immediately after we finished recording last week's episode. And for dessert, we'll dish out a double scoop of hotline calls.

This week, we start with some bad news and some good news. The bad news? The Supreme Court has a mouse problem. The good news? Serial Supreme Court litigant Fane Lozman is on Twitter, and he’s a Friend of the Show. We also have some follow-up about Hargan v. Garza, the case about undocumented minors who want abortions. It turns out this situation is a lot more common than we appreciated, and we talk about why.

The Court handed down Tharpe v. Sellers last week, a death penalty habeas case with a fairly shocking juror affidavit (to give you a sense: it both uses the n-word and invokes O.J. Simpson). So we’re joined by official First Mondays Habeas Wizard (and part-time host) Leah Litman to break it down and try to answer this question: How does a guy on death row get 72 hours from being executed when he’s got an affidavit from a juror admitting that race played a role in him getting the death penalty? Later, we’ll discuss McCoy v. Louisiana, another death-penalty case, presenting a different unsettling question: Can a lawyer for the defendant admit that he committed the murder, even over the defendant’s express objection?

In terms of recaps, we talk about Husted v. A. Philip Randolph Institute. Husted is an interesting case about the National Voter Registration Act of 1993, which both requires states to make reasonable efforts to take people off the voting rolls when they’ve moved, and also forbids taking them off because they haven’t voted. Ohio uses non-voting to send people letters asking them to confirm that they haven’t moved; if they don’t reply, and keep not voting, they’re taken off the lists. Legit? Listen and learn.

But that’s not all! We discuss the Solicitor General’s cert. petition in Trump v. Hawai’i, a.k.a. The Travel Ban case; the unusual pro per amicus argument coming up next week in Dalmazzi v. United States; and more.

If you’re enjoying the show, don’t forget to follow us on Twitter. We’re @isamuel, @danepps, and @LeahLitman—and our beloved producer is @MelodyRowell. You can also check us out on Patreon for exclusive content like bonus episodes, livestreams, and access to the Amici Slack.

The justices are coming out of their long winter's nap to give us some cases to talk about. We'll start off with some grants, an update on our favorite Floridian Fane Lozman, and some news about Hargan v. Garza, the ultimate hot-button case concerning abortion and immigration. Then, we'll get you ready for Car Day at the Supreme Court. We'll preview Byrd v. United States and Collins v. Virginia. Both Fourth Amendment cases, both involving vehicle searches, both subject to Official First Mondays Predictions.

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get $50 off, go to http://www.helixsleep.com/firstmondays.

Merry Christmas! This year, we at First Mondays have gotten you all the gift we know you’ve been wishing for most ardently: an unlocked bonus episode that was previously released exclusively to our Patreon backers. This summer, many of the Justices were off “teaching” in Europe where they were, no doubt, drinking some delicious wine. So we sat down with wine expert (and Lecturer in Italian Studies at Berkeley) Dr. Danielle Callegari, for a discussion about the history of wine in America and about the effects of the Court’s decision in Granholm v. Heald on the wine business. (You don’t think we’d omit the jurisdictional hook, do you?)

For more about the “three-tier” system we discuss on this episode, you can check out Dr. Caellgari’s latest blog post. And to learn more about Dr. Callegari and The Cabinet, go to her website or check out her Instagram.

The exciting December sitting may be over, but we’re still here to let you know what you missed. We catch you up on the oral argument in Masterpiece Cakeshop, everybody’s favorite cake-flavored battle between religious liberty and gay rights. We’ll answer your burning questions: Did Justice Kennedy tip his hand as to which side he’s on? Does Justice Kagan think there’s a constitutional difference between cake artists and makeup artists? Can the Chief Justice figure out a way to let the cake shop win without undermining protections against racial discrimination? Most importantly, does Justice Breyer realize that mole and guacamole aren’t the same thing?

We’re also joined by recurring guest contributor Nina Totenberg of NPR, who tells us what she noticed in the courtroom these past two weeks—and what she talked about with Governor Chris Christie, who was in the audience for Christie v. National Collegiate Athletic Association. And if that’s not enough, we also discuss the ACLU’s response to the Government’s controversial cert. petition in Hargan v. Garza, the heated abortion-plus-undocumented-immigration dispute in which the SG asked the Court to consider imposing sanctions on opposing counsel. And as always, we answer some calls from the Hotline. It’s an action-packed episode worthy of an action-packed sitting of the Court!

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get $50 off, go to http://www.helixsleep.com/firstmondays.

Is cake speech? It’s time to find out. This week, we preview Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, in which the Court will decide whether a baker may be compelled to make a cake for a same-sex wedding. But before we do, we recap the argument in Carpenter v. United States, the warrantless-location-tracking case, and conclude that the ACLU is in a good position—though not for the reasons in their brief. And we bring you news of the latest incident of mistaken identity at the Supreme Court, Elon Musk’s chance to appear at the podium, and the nature of Congress’ true powers over Indian law (for the Ablavsky piece we mention, go here).

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get $50 off, go to http://www.helixsleep.com/firstmondays.

It’s finally here: Carpenter v. United States. For months, we’ve been eagerly awaiting the argument in this hugely important case about whether the Fourth Amendment restricts the government’s ability to get location information from cellphone service providers. (Ian has been waiting even longer, as he wrote about the legal issue in his student note nearly a decade ago). To help us think through the issues, we’re joined by leading expert Professor Orin Kerr, who submitted a 402-bsac-Orin-Kerr.pdf">fascinating amicus brief arguing that the government should win.

But that’s not all! We also discuss Justice Kagan’s surprisingly late recusal in Jennings v. Rodriguez; catch you up on the Court’s latest certiorari grants, all three of which raise interesting First Amendment issues; provide some backstory on a particularly colorful litigant in one of those cases who is taking his second trip to the Supreme Court; praise the Court’s newly implemented electronic filing system; preview the January Calendar; and give you the latest developments in the Supreme Court in the litigation challenging the President’s newest entry ban. It’s an action-packed episode that kicks off the action-packed December sitting.

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get $50 off, go to http://www.helixsleep.com/firstmondays.

The November sitting might be finished, but we’re still going. Ian returns to recap last week’s arguments with Dan. But first, there’s the matter of a very unusual certiorari petition that the Department of Justice filed in a hot-button case that involves both abortion and undocumented immigrants. Even more exciting, we review the first opinions of the still young Term. We then stumble blindly through the argument recap in Merit Management Group v. FTI Consulting without the help of our bankruptcy expert. We also recap the argument in the fascinating separation-of-powers case Patchak v. Zinke, learning along the way that Chief Justice Roberts does occasionally have use for law professors. As always, we offer our fearless First Mondays forecasts.

First Mondays is brought to you this week by Ironclad—our favorite software suite for corporate legal teams, which streamlines contract creation, signing, and tracking. Check them out at https://ironcladapp.com/.

We’re halfway through the November sitting, and while the Court didn’t grant any new cases last week, it gave us plenty of other things to talk about. Topics of discussion: Why does Chief Justice Roberts think one of his predecessors is underrated due to his corpulence? How can the Supreme Court Bar increase the representation of women in oral arguments? And what forms of body art are most appropriate for honoring the Justices?

We also recap last week’s arguments in Wilson v. Sellers and Artis v. District of Columbia, revisiting—and defending—our earlier predictions. And then we preview this week’s argument in Patchak v. Zinke, and debate why the Court cares about the separation-of-powers issue in the case. Finally, stay tuned through the hotline calls to hear about Leah’s battlefield promotion.

First Mondays is brought to you this week by Ironclad—our favorite software suite for corporate legal teams, which streamlines contract creation, signing, and tracking. Check them out at https://ironcladapp.com/.

For the first-ever First Mondays live show, we traveled to the University of Michigan—go Blue—and are joined by alumna Leah Litman. From Ann Arbor, we ring in the November sitting. But before we do, we discuss the important stuff: expensive sandwiches, factual errors by the Supreme Court, and the travel ban. We then take a deep dive into a couple of cases from the first week of the November sitting: Artis v. District of Columbia, a fun case about time limits (trust us), and Wilson v. Sellers, about … well, it’s complicated. We’ve also got some great hotline calls from the Firsties, at least one of whom is probably sober.

The October sitting has ended—and we’re here to wrap it up for you. On this episode, we begin by discussing the biggest news of the month: our new microphones, brought to you courtesy of our Patreon supporters. We also break down the December argument calendar (warrantless location tracking, cake-as-speech, federalism, and gambling) as well as the Court’s long-awaited disposition of the travel-ban case.

We’re also joined this week by Nina Totenberg, who talked with us about how the first month looked from her (very nice) seat in the courtroom. Justice Gorsuch’s manner at oral argument: discussed. The reaction of the “reasonable party-goer” to marijuana: discussed. The extent to which the background of the Court’s members creates a pro- or anti-“corporate” tilt: also discussed.

Last week, the Court heard oral argument in Jesner v. Arab Bank, PLC, a major case about human-rights litigation and the Alien Tort Statute, and we discuss how the argument went in some detail. The Court also heard argument in a case about the extent to which a time limit in a rule of appellate procedure is jurisdictional, and (ever on-brand) we discuss that case in nearly equal detail. Finally, we wrap things up with some listener hotline calls, including the whether and what liberals put on their steak.

First Mondays is brought to you this week by Ironclad—our favorite software suite for corporate legal teams, which streamlines contract creation, signing, and tracking. Check them out at https://ironcladapp.com/.

The Court is one week into the new Term, and we’re here to catch you up. We recap last week’s arguments, including the major partisan gerrymandering case, Gill v. Whitford. Wisconsin Solicitor General Misha Tseytlin, who argued the case for the State, joins us as a guest to help walk us through what went down at the argument—and to help us figure out what the Justices might be thinking. We also discuss whether Justice Gorsuch tipped his hand in either of the reargued immigration cases, Jennings v. Rodriguez and Sessions v. Dimaya; and what the law of contracts can tell us about the plea-bargaining case Class v. United States. We also briefly preview this week’s arguments, including Jesner v. Arab Bank, an important case about the scope of the Alien Tort Statute.

And, of course, we try to solve a lot of mysteries, too. Who is the mysterious River Master, and how can you become one? Why were all the Justices but one recused from a case on the orders list? What the heck is going on with the new Supreme Court transcriptionist? Why does the Solicitor General’s Office have an award named after Orestes “Minnie” Miñoso? And are the Firsties drunk-dialing the First Mondays Hotline?

This episode is sponsored by Ironclad, a software solution that streamlines contract creation processes, such as redlining and signature collection. For more information or to request a demo, visit https://www.ironcladapp.com/

It's the first Monday of the Supreme Court's October Term 2017, and the first episode of the second season of First Mondays. We'll catch up on SCOTUS news, sift through the grants that came out of the long conference, and preview some of the cases to be argued this coming week. In other words: we're back.

This episode is sponsored by Warby Parker, which offers boutique-quality eyewear at a revolutionary price point. To get five pairs of glasses to try on at home for free, go to http://www.warbyparker.com/firstmondays.

We’re just three weeks from the start of a blockbuster new Term at the Court, but don’t let that fool you: the Conference remains largely inert, essentially daring us to produce an episode with the scraps they’ve handed us. Challenge accepted. This week, we discuss (3:00) the release of the November calendar, as well as the common-law right to wear a costume on Halloween at oral argument. We also dive deep (8:45) on summer grants, what they are, and how they work, as well as (12:15) the Court’s summer grant in Murphy v. Smith, a case about attorney’s fees in prisoners' civil rights cases. We also talk about (15:00) the Ninth Circuit’s latest ruling in the travel-ban case, Hawaii v. Trump—or “Hawai’i,” as at least one of us says. From there, we argue a little bit (22:00) about Justice Gorsuch addressing a classically named D.C. junket, hosted at a hotel that really ruined one of our lunch hour, as well as (30:30) the amicus brief filed by Senators McCain and Whitehouse in Gill v. Whitford, the major partisan-gerrymandering case that’ll be argued in the October sitting.

Most importantly, we're joined this week (36:00) by Willy Jay, the co-chair of Goodwin’s Appellate Litigation Practice, who was in a previous life one of the few Assistants to the Solicitor General who could convincingly endure the existence of the Bristow Fellows. We talked with him (42:00) about the need for, and drawbacks of, specialization for a private lawyer building a Supreme Court practice; the internal structure of the Solicitor General’s office (45:00); the business case for appellate practices generally (53:00); and the nature of the Supreme Court’s IP docket, and how it has come to suit appellate generalists (56:45).

If you’re enjoying First Mondays, you can get every episode automatically by subscribing (for free!) in your favorite podcast client. And if you understandably can’t get enough, backers on Patreon get access to bonus episodes, as well as access to the Amici chatroom on Slack.

We’re still about a month away from the kick-off of OT2017, and the Court has been pretty quiet. But we’ve been hard at working making some bonus episodes for our Patreon subscribers. First, we talked a little longer to John Elwood, who you heard a couple of weeks ago in the episode "Third Class Webelo." Turns out, he’s kind of a big deal. Then, this week, we got out of the law school and into the vineyard with professional wine consultant callegari.squarespace.com/">Danielle Callegari. They’re both great conversations, and they’ll help tide you over until Court is in session. Become a subscriber at patreon.com/firstmondays. It’s just five bucks a month, and you’ll get to hear all the rest of the bonus episodes we’ve made. Thanks for listening, and stay firstie.

While Ian is off on a boat somewhere, or maybe in the wilderness of Croatia (we're not super sure), Dan and Leah get up to speed on a surprisingly busy summer week at the Supreme Court. In additions to some briefs showing up, one case got the DIG treatment. And it's a bankruptcy case, so we bring in resident bankruptcy expert Danielle D'Onfro to make it understandable for the rest of us. Then, we have an interview with the great John Elwood, partner in Vinson & Elkins' Appellate practice group, and creator of SCOTUSblog's Relist Watch.

To celebrate our new partnership with SCOTUSblog, we're unlocking one of our favorite bonus episodes for everyone to enjoy.

It's an interview with Lisa Blatt of Arnold & Porter Kaye Scholer. With a record of 33-2, she's one of the winningest Supreme Court advocates ever. She talks with us about what she goes through in preparing for a case, and the responsibilities advocates have toward their clients.

To listen to the rest of our bonus episodes, visit patreon.com/firstmondays. Five bucks a month gets you access to all the ones we've out out so far, and all the ones we have coming up.

The Supreme Court maybe now be in recess for the summer, but there's still lots going on. In our universe, we're pumped for a new partnership with everyone's favorite Supreme Court website, SCOTUSblog. Not to be confused with the Supreme Court's actual website, which got a much-anticipated makeover sometime after we recorded this episode. We catch you up on the latest happenings in the big travel ban case—as well as what RBG had to say about it. Plus, the October argument calendar was released, and those two weeks alone are already more interesting than all of OT2016 combined (sorry, OT2016 clerks!). Finally, we had a great conversation with Kannon Shanmugam, SCOTUS advocate extraordinaire and head of Williams & Connolly's Supreme Court and Appellate Litigation practice, who talked to us about being on the winning end of Justice Gorsuch's first majority opinion and more. 

If you want to hear more from Kannon, the latest Patreon bonus episode is an extended interview with him. Subscribe for just $5/month and find out which opinion by Justice Scalia Kannon has framed on his wall, hear Kannon's thoughts on amici coordination and ghostwriting briefs in opposition, and learn how he prepares for oral argument. Plus get the whole back catalog of bonus episodes, too.

To kick off our summer schedule, we're pleased to rebroadcast the episode of Oral Argument we appeared on, which originally aired May 6th, 2017. We joined Christian Turner and Joe Miller to talk about physics conundrums, the politics of Supreme Court nominations, and radically changing the rules governing the Supreme Court’s docket. For more episodes of Oral Argument, visit oralargument.org.

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 opinion, etc. And you’ll notice that we replaced the theme music with something a little more, well, custom. Thanks for an amazing first season of First Mondays, and #stayfirstie. Much like the justices, we’ll be switching to a summer schedule. You can expect two episode a month, and if that’s not enough, become a Patreon subscriber to get two bonus episodes each month, too! Sign up for just $5/month at patreon.com/firstmondays.

We couldn't possibly keep it short for the last recap episode of OT2016. We all know the last week of the term means all the blockbuster opinions get announced, and we're here to help you make sense of them. And for Trinity Lutheran and the travel ban, we call in the big guns in the form of Professor Marty Lederman. So while you're driving to a cookout or watching fireworks in the back of a pickup truck, celebrate the good ol' US of A by listening to two glorious hours about her Supreme Court.

It’s the penultimate recap for the term, wherein the justices hath bestowed upon us twelve (12) new opinions in one week. Time for a lengthy—but spirited—Opin-o-rama! We pick out a few of our favorites to go in depth, and then we institute Lightning Round Rules to cover the rest. Then, it’s time for some game theory, so they say, as we try to figure out who is writing which of the remaining six opinions. Welcome to the Cyber Age, and thanks for listening.

With just a couple of weeks to go, we're racing toward the OT2016 finish line. Plenty of blunders, orders, and opinions to address-- including Justice Gorsuch's first opinion. Plus, we'll discuss one of the biggest cases of the year that has, in our opinion, made the world worse.

We hash out another week of SCOTUS news, this time with guest host Leah Litman. Yes, we recap orders and opinions, but more importantly, we finally solve a weeks-long First Monday mystery: who began the clerks' happy hour tradition? And don't stop listening after the credits. Leah came armed with Beckles-related puns, and you need them in your life.

One of us got married this weekend; the other read the opinions. Listen to the episode and try to figure who did what.

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 agreements to bankruptcy. Plenty to keep you entertained while you're stuck in holiday traffic.

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.

As we ease into the argument-free season of the term, we recap some grants, take a look at the opinion in Bank of American Corp. v. Miami, and relish a great hotline call full of 90s clerking gossip. And speaking of gossip, what's the deal with Justice Gorsuch not joining the cert pool? We have some theories.

Recapping the last arguments for October Term 2016, and more.

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 justices at oral argument. And even though Perry v. Merit Systems Protections Board is kind of a boring case, Justice Gorsuch gave us something to talk about. Then, we get into the long-awaited Trinity Lutheran case, complete with audio from Justices Kennedy and Breyer. Finally, it's our last oral argument preview of the term-- but don't worry, we still have a couple months of opinions to look forward to.

It's the beginning of the end of OT2016— the first week of the last sitting of the year. We're coming at you with two big previews. First, what do old tires and religious expression have to do with each other? Oh, only the biggest case of the year, probably: Trinity Lutheran Church Of Columbia v. Comer. And then, just how ineffective does counsel have to be for it to truly prejudice the client? Plus, we've got hotline calls, a new QP game, and a tantalizing preview a much-sought-after brief from Texas.

We've been cranking out some awesome interview shows for our Patreon subscribers. And if you're not one of them, well, you're missing out. Here are snippets from the two latest bonus episodes, one with Rakesh Kilaru, former associate counsel to President Obama, and one with Misha Tseytlin, Solicitor General of Wisconsin. If you want to hear the rest of their conversations, it's not too late to become a Patreon subscriber! Your monthly donations help us keep growing, improving, and doing more episodes with the experts you want to hear from.

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 Senator threw him a "softball" of a question? Plus, we'll do some quick recaps of arguments and opinions, which may involve another inductee to the #BadLawyerGate Hall of Fame. And stick around after the music for a friendly discussion of amicus briefs (get it? friendly!). If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later.

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 you, “statement respecting the denial.”) After that, we unpack some opinions about the copyright issues around cheerleading uniforms, the statute of limitations around claiming damages, and the rights a child with autism has under IDEA. Plus, we try out our radio voices to get through a weird analogy about British rock bands in NLRB v. SW General, Inc. For one of our coolest argument recaps yet, we go straight to the source: Wisconsin’s Solicitor General, Misha Tseytlin, who had his first argument in Murr v. Wisconsin last week. You’ll be surprised, as he was, about who gave him the hardest time from the bench. Then, we look ahead to Tuesday’s crimmigration argument in Lee v. United States. Just how ineffective does his counsel have to be proven to keep Mr. Lee from getting deported? Fortunately, he has a super cool advocate now who will most definitely be wearing a bow tie to Court. If you want more First Mondays, become a monthly subscriber at patreon.com/firstmondays. For just $5/month, you get bonus episodes and access to the Amici Slack channel, where you can procrastinate with fellow Firsties. Feeling generous? Want a leg up on your coworkers or classmates? Donating $20/month gets you access to live streams of us recording the episodes that everyone else hears days later.

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! With that, we tie up the last sitting and look forward to the next. There's a full argument calendar ahead, so we preview two cases that piqued our interests: Microsoft Corp. v. Baker (aka one of the Scalia Three) and City of Los Angeles v. Mendez. Whether you're more interested in class action suits about X-Boxes or complicated cases arising from officer-involved shootings, it's going to be a week full of lofty rhetoric. We'll get you ready for it.

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 argument right before his very eyes— we have the audio for evidence. We also respond to some criticism we got for our take on Gloucester County School Board v. G.G. Let the record show that we can dish it out, and we can take it. Plus, hear the gem of a closing statement that won one lawyer our coveted Advocate of the Month Award, and stay tuned after the credits for the reason Dan skipped out on hosting last week. It has not one, but two jurisdictional hooks for discussion.

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 difference between an amicus brief and an animus brief (ba-dum-tsssss). And finally, hear a list of Supreme Court Justices who Judge Posner of the 7th Circuit deems "pretty good." (Hint: it's a short list.)

Hear an excerpt of our interview with powerhouse Supreme Court advocate Lisa Blatt. She has argued in front of the Court 34 times and has only lost twice. After Dan and Ian started a Twitter fight about first-time Supreme Court advocates, we wanted to turn to an expert. If you want to hear the whole thing, it's not too late to become a subscriber! Visit our website, firstmondays.fm, and click on the Support tab. Your monthly donations help us keep growing, improving, and doing more episodes with the experts you want to hear from.

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 big case: Hernandez v. Mesa. Plus, we'll update you on our Patreon campaign, and answer an extremely important question that slid into our DMs.

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 have more people show up to this confirmation hearing than his last?

We debut a brand new series, "Good Behaviour," to track the confirmation process of Judge Neil Gorsuch, who President Trump just nominated to fill Justice Scalia's vacant seat. For an insider's perspective, Dan and Ian talk to Jason Murray, who clerked for Judge Gorsuch before clerking for Justice Kagan. They also dissect some of Judge Gorsuch's opinions, answer a hotline question about his homeland, and reveal the surprising person Judge Gorsuch called first after receiving the nomination.

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 the Supreme Court. Plus, Dan fills us in on a new grant, Ian reminisces about the last inauguration, Firsties call the hotline with great questions, and another surprise caller gives us a twist on the Questions Demented game.

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 of counsel in an active case, and we celebrate by foisting another round of the new QP game upon him.

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 recusal. Plus: -Which US Representative should be forced to hang out with the shunning guy -What outdated mode of gentlemen's dress is a step beneath morning dress -How to explain complicated legal concepts to just about anybody If you like this episode, send it to the smartest legal mind you know. They'll appreciate the compliment. Then, email/tweet/call in your own dumbed down QPs. And as always, subscribe!

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?

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.