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Divided Argument

Completely Naïve Idiot

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 December 2021

⏱️ 70 minutes

🧾️ Download transcript

Summary

Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibility of preenforcement challenges to Texas’s novel abortion ban.

Transcript

Click on a timestamp to play from that location

0:00.0

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

0:03.4

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

0:08.0

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

0:10.8

All persons having business before the Honorable, the Supreme Court of the United States, are in mind us to give their attention.

0:19.1

Welcome to Divided Argument, an unscheduled, unpredictable,

0:22.6

Supreme Court podcast. I'm Dan Epps.

0:25.2

And I'm Will Bowd.

0:26.8

So, Will, we just released an episode on Friday in which we talked about the Biden Supreme

0:33.2

Court Commission, on which you were a commissioner, for which I was a witness. And it's an episode we

0:38.1

had been looking forward to doing for a long time. But as often happens, our timing is less than

0:44.1

perfect because we launched that episode Friday morning. And very shortly thereafter, the Supreme

0:50.0

Court issued what is almost certainly going to be one of the most important decisions of the

0:55.7

whole term, probably not the most important, but we'll see. And that was a decision in

1:01.2

Whole Woman's Health, which is a case coming out of Texas's heartbeat bill, SB8,

1:09.0

its novel effective ban on abortion after six weeks uh yeah and obviously

1:14.2

this is the case we've been following uh pretty closely we've done several episodes about it and so now

1:18.5

we get to see what we were right about what we were wrong about what the court was wrong about

1:22.9

i will say by the time the dust is settled in this term i'm not sure this is going to make the top

1:27.1

five in importance.

1:29.2

Yeah, it may not.

1:30.1

I mean, it's quite likely it won't even be the most important abortion case that the court will decide this term.

1:36.0

I mean, certainly not if the court ends up choosing to overrule Roe versus Wade in the Dobbs case.

...

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