Law & Court Cases
Major trials, Supreme Court decisions, European judgments, privacy law and legal analysis.
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This reading list brings together items from the sources selected for Law & Court Cases. Open each item at its original source for the complete article, episode or video. This is a selection of current coverage, not a complete archive.
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Lawfare Daily: The Trials of the Trump Administration, October 9th
Listen to Lawfare Daily: The Trials of the Trump Administration, October 9th from The Lawfare Podcast. Benjamin Wittes is joined by Anna Bower, Roger Parloff, Molly Roberts, and Eric Columbus for a fast-moving tour of the week’s most important Trump-era litigation. They break down the CNN v. Trump press-pool case and why Judge Kelly may be headed for a due-process ruling; the twin Harvard cases over grants and visas, where Paul Clement makes a forceful First Amendment argument;
Is Spending Money Protected Speech?
Sarah Isgur and David French discuss what’s on the Supreme Court’s docket, debate whether anonymous speech is protected by the First Amendment, and undergo a grim historical review of the death penalty after the Pentagon’s announcement that an execution will be livestreamed. The Agenda: –Columbus Day discourse –Video rental records and boring 1980s movies –Suing Hillary Clinton –Disputes over political ad rates –Is spending money speech? –The problem with disclosure laws –A gruesome history of the death penalty Show Notes:
Will SCOTUS Let Big Oil Off the Hook?
The first week of the new term has come and gone, and things are heating up… literally. Kirti Datla, director of Earthjustice’s Strategic Legal Advocacy Program, joins Melissa and Leah to discuss the term’s biggest climate case: Suncor v. Commissioners of Boulder County. They break down whether Boulder County’s lawsuit against oil and gas companies can move forward, or if the Court will shut it down based on federal law.
This Guy Beat Qualified Immunity Twice, in Two Different Circuits
OA1304 - Qualified immunity does not strike again! In a case out of the 10th circuit, with the same plaintiff from last week's Rosales v. Lewis/Terrell, the court once again refuses qualified immunity to an officer who was wildly out of line. Learn about immunity for municipalities and standing rules, the multi-factor tests for excessive use of force against an armed civilian, and a unique alternative perspective on how qualified immunity should work from the concurrence.
Lawfare Archive: President Trump’s Peace Plan for Gaza
Listen to Lawfare Archive: President Trump’s Peace Plan for Gaza from The Lawfare Podcast. From October 2, 2025: In a live conversation on October 1,Lawfare Senior Editor Scott R. Anderson spoke to Managing Director at S. Daniel Abraham Center for Middle East Peace Joel Braunold about President Trump’s proposed peace plan for Gaza and what it means for the future of Iraeli-Palestinian relations.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare.
Grab Them by the Constitution
Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else's. Confidence in the court has cratered to historic lows, and waiting for a justice to retire is not actually a plan. Could a “shadow court”––a body set up to critique and even to rival SCOTUS—rescue democracy?
Florida Judge Says Congress Can't Make Noncitizen Voting a Federal Crime
OA1303 - Rapid Response Friday kicks off with two major under-the-radar stories that you may not hear anywhere else about major federal decisions out of Florida and Massachusetts which may remove two important tools from Trump's fascist toolbox. We also explain how the subject of Matt's exclusive OA report from the front lines of deportation defense last July on how ICE was trying to rewrite the law of mandatory ICE detention has just become the single most important immigration case in the Supreme Court's coming term.
Lawfare Daily: The U.S. Withdrawal from Iraq and the Future of the Iraq-U.S. Relationship
Listen to Lawfare Daily: The U.S. Withdrawal from Iraq and the Future of the Iraq-U.S. Relationship from The Lawfare Podcast. For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Dr. Omar Mohammed, a senior researcher with the Program on Extremism at The George Washington University and the author of the blog Mosul Eye, which anonymously documented life under ISIS control in Iraq; Amb. Doug Silliman, President of the Arab Gulf States Institute and a former U.S. Ambassador to Iraq;
Rational Security: The “Too Much Molly” Edition
Listen to Rational Security: The “Too Much Molly” Edition from The Lawfare Podcast. This week, Scott sat down with Lawfare Editor in Chief and cohost emeritus Benjamin Wittes, Lawfare Senior Editor Molly Roberts, and Vice President and Director of Governance Studies at the Brookings Institution Molly Reynolds to talk through the week’s big news in national security, including:“Pocket Change.” Late on Friday, September 25, the White House sent Congress an $810 million “pocket rescission”—a request to cancel already-appropriated federal funding,
Lawfare Daily: Gulf Countries Hedging Amid Iran War Debacle
Listen to Lawfare Daily: Gulf Countries Hedging Amid Iran War Debacle from The Lawfare Podcast. Lawfare Public Service Fellow Julia Curlee talks with former CIA analyst Shawn Howard and Ariane Tabatabai of the Chicago Council on Global Affairs about Shawn’s new Foreign Policy essay on how the Gulf states are coping with a war they didn’t start. They discuss why U.S. protection has made the Gulf states targets, how Tehran sees them, Iran’s strikes on the mediators, the possibility of a UAE side deal, and what a post-midterm return to U.S.
SUNCOR Gets Complicated
Sarah Isgur and David French discuss the surprisingly complicated Suncor SCOTUS oral argument, Justice Samuel Alito and his AI usage, and circuit cases on child sex abuse material, vaccine exemptions, and racial harassment. The Agenda: –Suncor Energy Inc. v. County Commissioners of Boulder County –An appropriate use of AI by Justice Alito? –“I don’t think Justice Alito has DraftKings on his phone.” –Justice Barrett, zombie slayer –Will Ashcroft v. Free Speech Coalition ever get overturned?
Samuel Alito's Victory Lap and Douglas Murray's Deportation Jetpack Fantasy
VR46 - This week on Vapid Response Wednesday: A Bari Weiss double feature! We kick off with an amuse douche from CBS News's chill hang with a cool guy from Trenton. Samuel Alito grew up with a dream: doing incalculable damage to women's healthcare by destroying the Constitutional abortion rights previously guaranteed by Roe v. Wade, apparently because no one was really using them anyway? Does Samuel Alito even hear himself talk anymore?
Lawfare Daily: ‘Crossing the Red Line’ in Gaza with Akbar Shahid Ahmed
Listen to Lawfare Daily: ‘Crossing the Red Line’ in Gaza with Akbar Shahid Ahmed from The Lawfare Podcast. On today’s episode, Lawfare Managing Editor Tyler McBrien sits down with Akbar Shahid Ahmed, the diplomatic correspondent at The Washington Sun, to discuss Ahmed’s new book “Crossing the Red Line: Biden, His Advisors, and Israel’s War in Gaza.”
Lawfare Daily: A Progress Report on the War on Terrorism with Peter Bergen
Listen to Lawfare Daily: A Progress Report on the War on Terrorism with Peter Bergen from The Lawfare Podcast. Lawfare Foreign Policy Editor Daniel Byman sits down with Peter Bergen, author of “All the Presidents’ Wars: Twenty-Five Years of America’s War on Terror,” to discuss counterterrorism in the 25 years after 9/11, reviewing the many mistakes the United States and al-Qaeda made, as well as some of the surprising successes.
What Is Originalism? | Interview: Sherif Girgis
The new Supreme Court term has officially started, Sarah Isgur has returned from Down Under, and Sherif Girgis is taking a job at Harvard Law School. The vibes on today’s podcast are immaculate as Sarah and David discuss the long conference before Girgis joins them to discuss Justice Samuel Alito’s new book and his recusal from the biggest case of the term.
The 5th Circuit Denied a Cop Qualified Immunity, So We Might Be in the Afterlife
OA1302 - Qualified immunity can be overcome! In the fifth circuit?! Come hear the good news, and learn some fourth amendment traffic stop rules along the way. CHECK YOUR VOTER REGISTRATION. Deadlines for your state can be found here. Cases discussed: CHECK YOUR VOTER REGISTRATION. Deadlines for your state can be found here. Rosales v. Terrell, 25-30650 (5th Cir. 2026) Dashcam footage from the Rosales case Milligan v Lewis Reporting on trial of Lewis for alleged misconduct Rosales v. Bradshaw, (10th Cir. 2023) USPS v. California et al.
The Supreme Court Allows Third-Country Deportations to Continue
This Monday officially kicks off a new Supreme Court term, and the cases and controversies are already heating up. Leah, Kate, and Melissa dig into the Court’s decision to allow the administration to resume “third-country removals,” as well as its decision to take up a new case challenging the administration’s policy of indefinitely detaining immigrants who cross the border illegally. Then, it’s time for the first argument previews of the term!
Lawfare Archive: Nayib Bukele's Crackdown on Dissent in El Salvador
Listen to Lawfare Archive: Nayib Bukele’s Crackdown on Dissent in El Salvador from The Lawfare Podcast. From May 20, 2025: El Salvador’s President Nayib Bukele has made a lot of headlines recently in the United States for his partnership with the Trump administration. Bukele has helped enable President Trump’s scheme to remove supposed Venezuelan gang members from the U.S. under the Alien Enemies Act, housing these detainees in the notorious CECOT prison.
DOJ Wants Every Federal Judge in Minnesota Recused (Good Luck With That)
OA1301 - IT'S FASCISM RESPONSE FRIDAY, and it's a lot. DOJ just filed a complaint trying to get every single active federal judge in Minnesota booted off immigration cases, and the "evidence" is a judge telling the New York Times the truth. The Supreme Court just let deportations to countries people aren't even from happen again. And we cannot stop laughing about the executive order that just declared this the "era of superintelligence." There's good news too, but you'll have to listen for that.
Lawfare Daily: The Remaking of the Department of Defense
Listen to Lawfare Daily: The Remaking of the Department of Defense from The Lawfare Podcast. On today’s podcast, Executive Editor Natalie Orpett sits down with Rachel VanLandingham, a professor at Southwestern Law School and a retired Lt. Colonel in the U.S. Air Force, to talk about the many ways in which the Trump administration has been remaking DoD.
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