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Divided Argument

Early Wittgenstein

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

🗓️ 21 June 2021

⏱️ 60 minutes

🧾️ Download transcript

Summary

As October Term 2020 hurtles towards a thrilling conclusion (well, hopefully), Dan and Will break down two of Monday's decisions. They explore the separation of powers and severability in United States v. Arthrex and talk about antitrust law's implications for college sports in NCAA v. Alston.

Transcript

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0:00.0

Oh, yay. Oh, yay. Oh, yay.

0:03.1

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

0:08.1

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.

0:19.2

Welcome to Divided Argument, an unscheduled, unpredictable,

0:23.2

Supreme Court podcast. I'm Dan. And I'm well about Dan. They finally ran out of boring

0:28.0

opinions. Yeah, we were having a good run, although they did manage to get one boring-ish

0:33.6

opinion out today. We're recording this on Monday, June 21st, reacting to the court's Monday

0:40.5

dump of three opinions, only two of which we're going to talk about. I think one of them,

0:45.2

Goldman Sachs Group versus Arkansas teacher retirement system, is not like the most boring case

0:53.2

ever, but it's a securities fraud class action case and one on

0:58.4

which we don't have a ton to say. But the other two are pretty good. We've got this NCAA case,

1:04.4

which is about college athletes and antitrust law. And then we've got U.S. versus Arthorex,

1:10.7

which I bet is that's one you've been

1:12.0

waiting for, I bet, Will.

1:13.5

I have, and I got to say, this is tough for me.

1:16.0

So this is, I mentioned this on a previous episode.

1:18.6

I've been for the past two years, actually, trying to work on a paper about severability

1:23.3

doctrine and what, you know, what courts actually do when they find statutes unconstitutional.

1:29.0

And this is one of three cases that were pending this term about severability doctrine.

1:33.4

The ACA case, which was about last week was another one where the court didn't really get into it.

1:37.4

And here, the know, work it all out in kind of the long term, a hundred-paid article that you'll see

...

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