Episode 3
SCOTUS 2025 Term Launches: Your Preview Series Begins Now
Episode Overview
The Supreme Court returns from summer recess with a blockbuster lineup of cases for October and November 2025. This episode provides a comprehensive preview of the 19 cases already scheduled for oral argument, spanning critical issues from voting rights to conversion therapy bans to criminal procedure reforms. We examine why this term opens with such consequential cases and what practitioners and citizens should watch for as the arguments unfold.
What You'll Learn
- Complete October & November argument schedule with key dates and case pairings
- Why Louisiana v. Callais could be the most significant voting rights case in years - including why the Court ordered reargument with explosive new briefing
- How Chiles v. Salazar tests the boundaries between professional regulation and First Amendment protection
- Criminal justice cases that could reshape double jeopardy doctrine, death penalty procedures, and federal sentencing
- What these early cases signal about the Court's priorities for the full 2025-2026 term
Episode Roadmap
Opening: Term Overview
- Supreme Court's 2025-2026 schedule: 19 cases across 10 argument days
- Why the Court frontloaded significant cases in October-November
- What's still coming: Additional cases and argument dates to be announced
October Arguments Deep Dive
Week 1: October 6-8
- Villarreal v. Texas - Sixth Amendment right to counsel during trial recesses
- Berk v. Choy - State procedural rules in federal court
- Chiles v. Salazar - Colorado conversion therapy ban and First Amendment clash
- Barrett v. United States - Double jeopardy and multiple sentences
- Bost v. Illinois Board of Elections - Standing to challenge election procedures
- U.S. Postal Service v. Konan - Federal tort immunity for intentional mail failures
Week 2: October 14-15
- Criminal procedure cases: Bowe and Ellingburg on post-conviction relief and ex post facto protections
- The blockbuster: Louisiana v. Callais reargument on voting rights and equal protection
- Case v. Montana - Fourth Amendment emergency aid exception
November Arguments Analysis
Early November Focus Areas:
- Capital punishment: Hamm v. Smith on intellectual disability assessments
- Government contractor liability: Hencely v. Fluor Corporation
- Prisoners' religious rights: Landor v. Louisiana Department of Corrections
Federal Sentencing Reform Finale:
- Fernandez, Rutherford, and Carter cases on "extraordinary and compelling" sentence reductions
Looking Ahead: What's Next
- Additional cases expected throughout fall
- Pattern analysis: What these early cases reveal about Court priorities
- Preview of upcoming episode plans for individual case deep-dives
Key Cases Highlighted
Must-Watch Cases
- Louisiana v. Callais (Oct. 15) - Could fundamentally alter Voting Rights Act enforcement
- Chiles v. Salazar (Oct. 7) - Conversion therapy ban meets First Amendment
- Hamm v. Smith (Nov. 4) - Life-or-death intellectual disability standards
Important for Practitioners
- Berk v. Choy - Federal court procedure and state law intersection
- Bost v. Illinois Board of Elections - Election law standing requirements
- Sentencing trio (Nov. 12) - Federal prison sentence modification standards
Technical but Significant
- Barrett v. United States - Double jeopardy doctrine refinement
- Case v. Montana - Fourth Amendment warrant exceptions
- Civil procedure cases throughout November
Resources Mentioned
- SCOTUSblog case pages for detailed briefing schedules
- Supreme Court argument calendars (October & November 2025)
- Voting Rights Act Section 2 background materials
Transcript
Welcome back to SCOTUS Oral Arguments and Opinions.
Speaker A: start to the Supreme Court's: Speaker A:The justices will return from their summer recess ready to tackle some truly significant cases that could reshape areas of law, from voting rights to criminal procedure to free speech.
Speaker B:The Court has already scheduled its first wave of oral arguments spanning from October 6 through November 12.
Speaker B:These early arguments include about 19 cases that cover an impressive range of legal questions.
Speaker B:The justices have set 10 arguments over five days in October and nine arguments over five days in November, but this represents just the beginning.
Speaker B:The Court typically hears around 60 cases each term, so we can expect additional argument dates and more cases to be added to the docket in the coming months.
Speaker B:And sorry to bury the lead, but as we mentioned in last week's episode, the Court plans to hear the Trump Tariff cases in early November.
Speaker A:This term stands out for several reasons.
Speaker A:First, we have a re argument case, Louisiana vs Calais, which the Court originally heard in March but chose to re argue with new briefing on potentially explosive constitutional questions about the Voting Rights Act.
Speaker A:Second, the Court will tackle some highly contentious social issues, including Colorado's ban on conversion therapy.
Speaker A:Third, we see the Court continuing to refine important areas of criminal law, particularly around double jeopardy, intellectual disability assessments in death penalty cases and federal sentencing.
Speaker B:The Court's approach to scheduling also tells us something important.
Speaker B:By front loading these significant cases in October and November, the justices appear eager to address some of the term's most consequential questions early, potentially setting the tone for the entire term.
Speaker A:Monday, October 6 Setting the stage the term opens with two cases that showcase the Court's interest in procedural fairness and constitutional rights.
Speaker B:In Villarreal vs Texas, the justices will examine whether courts can restrict communication between defendants and their attorneys during trial recesses.
Speaker B:David Villarreal was convicted of murder, but he argues that the trial court violated his Sixth Amendment right to counsel by prohibiting him and his lawyer from discussing his testimony during an overnight recess.
Speaker B:The case raises fundamental questions about the scope of the attorney client relationship during critical moments in criminal trials.
Speaker A:Burke v. Choi presents a classic federalism question about whether state procedural requirements, specifically laws requiring expert affidavits to accompany certain complaints, can apply in federal court proceedings.
Speaker A:This might seem technical, but it touches on the broader tension between state and federal authority in our judicial system.
Speaker B:Tuesday, October 7th First Amendment and Criminal Justice October 7th brings us Chiles versus Salazar, the conversion therapy case that has drawn significant attention Kaylee Chiles, a practicing Christian counselor, challenges Colorado's ban on conversion therapy for minors, arguing it violates her First Amendment rights to free speech and religious exercise.
Speaker B:The state counters that this regulates professional conduct, not protected speech.
Speaker B:The case forces the court to balance religious liberty, professional regulation and LGBTQ rights, a collision of some of the most contentious issues in contemporary law.
Speaker A:Also that day, Barrett vs United States asks whether the double jeopardy clause prevents separate federal and state sentences for related violent crimes.
Speaker A:Dwayne Barrett received separate sentences for using a firearm during a violent crime and for the underlying robbery itself.
Speaker A:The case could clarify when multiple punishments for related conduct violate constitutional protections against Double Jeopardy.
Speaker A:Wednesday, October 8 Federal authority and election law Bost versus Illinois Board of Elections brings us Rep. Mike Bost and other Republican plaintiffs challenging Illinois election procedures, specifically state regulations about counting mail in ballots.
Speaker A:The case tests whether these plaintiffs have standing to challenge state election laws and could influence how federal courts handle election disputes.
Speaker B:U.S. postal Service v. Conon examines the scope of federal tort immunity when a postal worker intentionally fails to deliver mail to designated addresses.
Speaker B:Can victims sue the government?
Speaker B:The case turns on interpreting the Federal Tort Claims Act's exceptions for mail loss or miscarriage.
Speaker B:Monday, October 14 Criminal Procedure Deep Dive Two criminal law cases dominate this day.
Speaker B:Beau versus United States deals with complex procedural questions about federal post conviction relief, essentially when and how federal prisoners can challenge their sentences after their appeals are exhausted.
Speaker A:Ellingberg vs United States tackles the ex post facto clause, asking whether restitution orders imposed as part of criminal sentences constitute punishment that triggers constitutional protections against retroactive laws.
Speaker A:Tuesday, October 15 Calais Re Argument this might be the most consequential day of the early term.
Speaker A:Louisiana vs Calais returns to the court for re argument.
Speaker A:And the stakes couldn't be higher.
Speaker A:The case began as a challenge to Louisiana's congressional redistricting map, which included a second majority black district following a federal court's finding that the previous map violated Section 2 of the Voting Rights Act.
Speaker B:Here's where it gets explosive.
Speaker B:The court has specifically asked the parties to brief whether creating this second majority black district violates the Equal Protection Clause.
Speaker B:This question could fundamentally challenge Section 2 of the Voting Rights act itself.
Speaker B:If the court concludes that race conscious remedies required by the VRA violate constitutional equal protection principles, it could dramatically limit the federal government's ability to combat voting discrimination.
Speaker B:The consolidated case, Robinson vs. Calais, involves the same underlying dispute.
Speaker B:Together, these cases represent perhaps the most significant voting rights case in years.
Speaker A:Also on October 15th, Case V. Montana examines the emergency aid exception to the Fourth Amendment's warrant requirement.
Speaker A:When can police enter homes without warrants based on emergency circumstances?
Speaker A:The case could refine the balance between public safety and constitutional privacy protections.
Speaker B:November Deepening the analysis Monday, November 3 Liability and criminal Justice Rico v. United States explores the fugitive tolling doctrine in supervised release context when defendants violate supervised release and fleet how does this affect statute of limitations calculations?
Speaker B:It's technical but important for federal criminal practice.
Speaker A:Hensley v. Fluor Corporation presents a unique question about government contractor liability.
Speaker A:Can service members injured by suicide bombers sue the private contractors who employed the attackers?
Speaker A:The case tests the boundaries of sovereign immunity and government contractor protections.
Speaker A:Tuesday, November 4 Life and Death Questions Ham v. Smith addresses one of the most profound questions in death penalty how should courts evaluate intellectual disability claims when defendants have multiple conflicting IQ test scores?
Speaker A:The case could establish new standards for capital punishment's most vulnerable defendants.
Speaker B:The Hane Celestial Group versus Palmquist tackles federal court jurisdiction and diversity requirements.
Speaker B:Technical but crucial for understanding when federal courts can hear cases involving parties from different states.
Speaker B:Wednesday, November 5 Civil Procedure Coney Island Auto Parts v. Burton asks whether Federal Rule of Civil Procedure 60C1 imposes time limits for setting aside default judgments when courts lack personal jurisdiction.
Speaker B:Another technical case with broad implications for civil litigation.
Speaker A:Monday, November 10 Government liability and Religious Landor v. Louisiana Department of Corrections examines when prisoners can sue individual government officials, rather than government entities, for violations of the Religious Land Use and Institutionalized Persons Act.
Speaker A:The case could significantly impact prisoners religious rights litigation.
Speaker B:The GEO Group v. Menocaul explores whether government contractors can claim sovereign immunity and whether such claims fall under the collateral order doctrine, allowing immediate appeals.
Speaker B:Tuesday, November 12 Federal Sentencing Reform the term's November session concludes with two related cases about federal Fernandez v. United States and the Consolidated Rutherford v. United States and Carter v. United States.
Speaker B:Both examine the extraordinary and compelling reasons standard for sentence reductions under federal law.
Speaker B:These cases test whether courts can consider certain legal changes, even those that don't apply retroactively, as grounds for reducing previously imposed sentences.
Speaker B:With federal prison populations and sentencing reform remaining contentious issues, these decisions could affect thousands of federal inmates looking ahead.
Speaker A:What's still coming?
Speaker A:Remember, these 19 cases represent only the first wave.
Speaker A:The Court typically adds cases throughout the fall, and we can expect announcement of additional argument dates soon.
Speaker B: in late June or early July to: Speaker B:The cases, already granted but not yet scheduled, include several that could prove equally significant.
Speaker B:The Court continues to receive hundreds of cert petitions each month, and the justices will meet regularly to decide which additional cases merit their attention.
Speaker A:These cases matter because they will shape legal practice and constitutional interpretation for years to come.
Speaker A:For practitioners, decisions in cases like Burke vs Choi could change how you handle federal court filings.
Speaker A:Louisiana vs Calais could revolutionize voting rights litigation.
Speaker A:The criminal procedure cases could affect defense strategies and prosecutorial tactics across the federal system.
Speaker A:For citizens, these cases touch fundamental questions about democracy, equality, religious liberty, and the balance between government authority and individual rights.
Speaker A:The voting rights cases could determine how districts are drawn nationwide.
Speaker A:The conversion therapy case could influence professional regulation and religious liberty conflicts.
Speaker A:The criminal justice cases could affect how our justice system treats defendants and victims.
Speaker B: The: Speaker B:From voting rights to religious liberty, from criminal justice to federal procedure, the justices will tackle questions that go to the heart of American law and governance.
Speaker A:In the coming episodes, I'll be diving deep into each of these cases, examining the merits briefs that frame the legal arguments and previewing what we might expect during oral arguments.
Speaker A:Some episodes will focus on single cases that demand extended analysis, while others will group related cases to show broader legal trends.
Speaker B:Once oral arguments begin on October 6th, we'll shift into our regular pattern of oral arguments, argument analysis, opinion previews, and detailed breakdowns of the Court's decisions.
Speaker B:But for now, this overview gives you the roadmap for what promises to be one of the most significant Supreme Court terms in recent memory.
Speaker A:Stay tuned for more episodes.
Speaker A:Thanks for listening to SCOTUS oral arguments and opinions.
Speaker A:Talk to you soon.
