With just a few weeks left before the inauguration of a new president and the clock running out at the Supreme Court in several Trump cases, the Term this week is breaking down what to expect from the justices during the Biden administration; whether a conservative majority can frustrate the president-elect’s progressive plans; and what Biden can achieve now that democrats control both chambers of Congress, including a potential new justice appointment.

Law360's The Term - News & Analysis on the Supreme Court

S2, E12: The Biden Era Begins

Long a political non-starter, the idea of "court-packing" is now dominating Washington as Democrats in Congress push legislation to add four seats to the Supreme Court and a presidential commission studies the broader issue of court reform. Will these latest efforts go anywhere? Law360's The Term discusses on this week's episode.

S2, E26: Will These Supreme Court 'Reforms' Go Anywhere?

After a decade of litigation, Google has finally defeated a lawsuit from Oracle over the chunks of computer code Google used to develop the Android smartphone platform. This week, The Term welcomes Law360 senior intellectual property reporter Bill Donahue to explain the Supreme Court's ruling in the tech battle—plus we also look at one justice's foray into the discourse of regulating Big Tech.

S2, E25: How Google Beat Oracle After 10-Year Lawsuit

The spirit of spring has the justices cleaning out their docket this week with decisions on Florida's oyster fisheries, Facebook's class action liability and long-lived media ownership limits. The Term breaks down all the action, plus we take a deep dive into the NCAA's very bad day at the high court over its "amateurism" rules with Law360 senior sports reporter Zach Zagger.

S2, E24: NCAA Struggles To Make Case Against Athlete Pay

The Supreme Court delivered a rare victory for civil rights plaintiffs this week in a case over a police shooting that divided the court's conservative justices. Law360's The Term explores the contentious Fourth Amendment ruling, plus a look at the Boston bomber's death penalty case now facing the court.

S2, E23: Roberts, Gorsuch Spar Over 4th Amendment

Supreme Court Justice Stephen Breyer has found himself under the political spotlight recently with liberals calling on the 82-year-old to retire to avoid a repeat of Justice Ruth Bader Ginsburg's replacement by a conservative. On this week’s episode of The Term we break down the debate, plus unpack a more lenient stance by the Biden administration on sentence reductions for those serving time in prison for low-level crack offenses.

S2, E22: The Breyer Retirement Debate Heats Up

It was a matter of standing doctrine, of all things, that spurred the first "solo dissent" of Chief Justice John Roberts’ Supreme Court career this week. Law360's The Term discusses why that shouldn't come as a surprise—and what lawmakers are saying about "dark money" at the high court.

S2, E21: Outnumbered 8 To 1, Roberts Sticks To Guns

After years of patents being thrown out by the controversial Patent Trial and Appeal Board, one patent owner asked the Supreme Court Monday to return the favor and declare the board itself invalid. Law360's The Term recaps the hearing, along with a crucial moment for the Voting Rights Act.

S2, E20: Patent Owner Turns Tables On PTAB

The Supreme Court swept away the last of the election cases and a Trump subpoena battle this week, so why did it take up two new challenges to Trump-era abortion and immigration policies that could very well be rescinded and rendered moot by President Joe Biden before they're argued? We’re breaking it down on this week’s episode of The Term.

S2, E19: Will Court's Latest Cases Be Moot?

The past week saw Congress' first-ever hearing on the U.S. Supreme Court's so-called shadow docket, the justices' late-night, unsigned orders on weighty legal questions that don't go through their normal process of public deliberation. On this week’s episode of The Term we unpack a few recent shadow docket rulings and recap some of the notable moments from the hearing, including criticisms that the process lacks transparency and leads to lower court confusion.

S2, E18: Lurking In The Shadow (Docket)

As the Supreme Court prepares for its next session, Law360's The Term catches up on some noteworthy petitions that the justices appear to be interested in, from a direct attack on Roe v. Wade to the right of U.S. presidents to create offshore national monuments. We also recap a couple of important developments from the past week, including the Biden administration’s change of position in the Affordable Care Act case.

S2, E17: Treasure Hunting In The Petition Pile

The Supreme Court may still be on break, but a bustle of activity in the border wall, "Remain-in-Mexico" and Nazi art theft cases gives The Term podcast team a lot to discuss this week. We dive into the latest high court news on this week’s episode, plus look at Justice Amy Coney Barrett's first dissent in a surprising 5-4 lineup.

S2, E16: The 5-4 Lineup You Weren't Expecting

The Supreme Court took a break from oral arguments this week and cleared a number of cases from its docket, including an emoluments dispute brought against former President Trump. The court also declined to take up a number of new challenges, including an appeal from disgraced former New York Assemblyman Sheldon Silver and a revisiting of the landmark Janus case. We talk you through the high court’s week of housekeeping on this episode of the Term, plus discuss Chief Justice John Roberts’ decision to stay on the sidelines during the upcoming impeachment trial.

S2, E15: High Court Housekeeping

The Supreme Court wrestled with regulations on media ownership and a procedural question about climate change litigation during a busy week that also saw two justices play central roles in Wednesday's inauguration. And with the start of the Biden administration came the naming of a new acting solicitor general who is no stranger to the high court. We’re catching you up on this week’s episode of The Term.

S2, E14: The Future Of Climate Change Lawsuits

With the justices starting to receive their COVID-19 vaccinations, the Supreme Court is off and running in 2021, weighing in on abortion rules, the power of regulators and even Taylor Swift. In this episode of The Term, we press rewind on busy week of oral arguments; break down a ruling from Tuesday night reinstating rules requiring patients to travel to clinics to obtain abortion-inducing medication despite the ongoing pandemic; and look ahead at a novel First Amendment case recently added to the docket that challenges a California requiring charitable organizations to disclose their donors.

S2, E13: In The Thick Of It

The Term is a podcast from Law360 for the busy U.S. Supreme Court watcher. Give us about 15 minutes each week and we'll catch you up on all the big action at the nation's highest court, along with a list of what to watch in the coming sessions. Hosts senior Supreme Court reporter Jimmy Hoover in Washington, D.C. and editor-at-large Natalie Rodriguez in New York City cut through a busy docket to focus on the key cases and developments everyone will be talking about.