After discussing SCOTUS voting blocs and public perception, in part two of our discussion Adam Feldman rounds up the 2023-2024 term. We cover:

• SEC v. Jarkesy, holding that 7th Amendment procedural rights apply in agency proceedings, and whether Adam is surprised at the voting alignment (conservatives pro, liberals con).
• Loper Bright v. Raimondo, overruling Chevron, and what to make of the liberal bloc joining the government in both these administrative state cases.
• CFPB v. Comm. Fin. Svcs Assn, holding that CFPB funding fits with history and tradition, and whether Adam was surprised that Justice Thomas broke with the conservative group to join.
• Trump v. Anderson, holding the 14th Amendment did not disqualify Trump from the ballot, and whether Adam was surprised it was 9-0.
• Fischer v. U.S., holding 18 USC 1512 (prohibiting congressional obstruction) does not apply to Jan. 6, and whether Adam was surprised that Justice Jackson joined, and Justice Barrett dissented.
• Rahimi, holding the text, history, and tradition test supports civil restraining order disarmament, and whether Adam was surprised the court even took this case, and surprised that the court only issued GVRs on companion cases, despite there being so many Rahimi concurrences. (Akhil Amar, renowned constitutional scholar and an originalist of a liberal variety, has an interesting take on Rahimi at his podcast here.)

Adam Feldman biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

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The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• Empirical SCOTUS, https://empiricalscotus.com/
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.
• Legal Data Analytics | Optimized Legal Solutions (feldyfied.wixsite.com)