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!
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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!

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.”

Dan Epps and Leah Litman 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, Epps managed to record a fun conversation with Judge
We’ve got a breather between sittings, so Professor Stephen 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 his and Professor William Baude’s amicus brief in Franchise Tax Board of California v. Hyatt.
The January sitting is over and the Supreme 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 Epps and Leah Litman are joined by Danielle D’Onfro to break down the first week of the January sitting. We catch you up on everything the Supreme Court has been up to — including Justice Brett 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.
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.
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 previous released exclusively to our Patreon backers. Last June, Dan Epps interviewed our first judicial guests at the Arizona State Bar Convention.
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 Litman.
There are twice as many women in this episode as there were at the Supreme Court podium in the whole December sitting. Leah Litman and guest host Jaime Santos recap the week’s arguments with two special guests.
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 Epps and Leah Litman also recap two arguments: Carpenter v. Murphy and Timbs v. Indiana.
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.