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Divided Argument

Beyond The Pale

Divided Argument

Will Baude & Dan Epps

Constitution, Constitutional Law, News, Law, Politics, Supreme Court, Government, Legal System, Supreme Court Of The United States, U.s. Supreme Court, Scotus, Supreme Court Justice

4.9676 Ratings

🗓️ 14 August 2021

⏱️ 56 minutes

🧾️ Download transcript

Summary

As Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the qui tam statute indirectly saved Roe v. Wade. We then catch up on a few legal developments: The Biden Administration has renewed its eviction moratorium, confusing many legal observers in the process. The administration has also finally given us a nomination for Solicitor General. And a controversial cert. petition by the state of Oklahoma provokes an extended discussion of stare decisis and lawyer shaming.

Transcript

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0:00.0

Hey there, listeners, Dan Epps here.

0:08.6

So we recorded this on Thursday afternoon, and pretty much immediately after that, a surprising

0:15.5

amount of Supreme Court news dropped.

0:18.4

And the more astute court watchers among you may realize that this rendered

0:23.1

a good amount of our discussion moot. And we thought about just re-recording the whole episode,

0:29.7

but that seemed hard. So instead, we're just going to give you this warning. And then we're going to

0:34.4

try to record a update episode that we'll try to get out to you quickly.

0:39.1

But in the meantime, we wanted to give you this one, even if some of the stuff we talk about doesn't matter anymore.

0:44.5

So here you go.

0:46.7

Oh, yay, oh yay, oh, yay, oh, yeah.

0:49.2

The judicial power of the United States shall be vested in one Supreme Court.

0:53.9

Unless there is any more question to be able to find an argument in this case.

0:56.7

All persons having business before the Honorable, the Supreme Court of the United States

1:01.2

are admonished to give their attention.

1:05.2

Welcome, the divided argument, an unscheduled, unpredictable, Supreme Court podcast.

1:10.1

I'm Will Bode.

1:12.4

And I'm Dan Epps.

1:14.7

So, Will, I'm just back from vacation.

1:17.7

I think you might be about to go off on another vacation,

1:21.9

but we managed to sneak in a recording session because we didn't want to leave people hanging.

1:25.1

With our brief period of overlap, this is how we spend it.

1:25.7

Yeah.

...

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