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Divided Argument

Expanded Universe

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 January 2023

⏱️ 76 minutes

🧾️ Download transcript

Summary

We catch up on some odds and ends, take a long detour through a debate about the merits of the Star Wars trilogies, and then dig into Türkiye Halk Bankasi A.S. v. United States, an interesting case about the scope of foreign sovereign immunity being heard in the January sitting.

Transcript

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0:00.0

Oh, yay. Oh, yay. Oh, yay. Oh, yeah. The judicial power of the United States shall be vested in one Supreme Court.

0:08.1

Unless there is any more question, you have been able to find an argument in this case.

0:10.9

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

0:19.4

Welcome to Divided Arguement, an unscheduled, unpredictable,

0:22.9

unpredictable Supreme Court podcast. I'm Dan Epps.

0:25.5

And I'm Will Bowd.

0:26.7

We're back after a long hiatus.

0:28.9

A predictable hayatus.

0:30.3

You know who else is back, though?

0:31.7

The justices are back on the bench for hand-downs.

0:35.8

What are those?

0:36.6

Well, yeah, let's explain these to people who are not totally familiar

0:38.9

with them because I don't really understand why they exist, what purpose they serve today. But basically,

0:44.4

there's this long, long tradition of the Supreme Court justices going up publicly on the bench

0:50.2

and actually like reading their opinions. It'd be like, we've decided this case and here's my opinion and reading the whole opinion.

0:56.0

I guess that was the original tradition.

0:57.7

And sometime along the way it evolved to the justices continuing to do that, but just reading

1:03.1

kind of a capsule summary of the opinion.

1:06.0

Sometimes that includes like language that isn't in the opinion itself, that they kind

1:10.4

of write separately. And so they're

1:12.6

kind of cool because they're these moments where you're in the courtroom and someone is, you know,

1:18.0

reading this monumental opinion. And sometimes on one of the other justices who has dissented or

...

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