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Divided Argument

Felony-Adjacent

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

🗓️ 26 June 2024

⏱️ 68 minutes

🧾️ Download transcript

Summary

We cut to the chase with extended discussions of two of last week's cases: United States v. Rahimi, which upheld a federal gun law against Second Amendment challenge and produced six concurring and dissenting opinions; and Erlinger v. United States, a case about the jury's role in sentencing that continues a line of cases starting 25 years ago in Apprendi v. New Jersey.

Transcript

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0:00.0

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

0:03.3

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.

0:11.0

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

0:19.4

Welcome to Divided Argument, an unscheduled, unpredictable,

0:22.7

Supreme Court podcast. I'm Dan Apps.

0:24.9

And I'm well bud.

0:26.2

So we're going to try something new today, Will, which is...

0:30.2

Unpredictable.

0:31.0

Yeah, who could have predicted this, that we're not going to spend 45 minutes

0:35.5

debating every latest news story about Supreme Court ethics.

0:41.5

Good.

0:41.6

Actually, maybe just talk about cases and maybe if we get to that stuff later, check it out.

0:45.2

The only thing I will say about it is there's been some pushback by Mark Paletta in the

0:50.5

Wall Street Journal about the way in which fix the court, added, tallied up the different

0:54.7

justices gifts. I haven't dug deep into it enough to know who's right here, but just

0:59.8

putting that on the table for people that are skeptics. All right. Where should we start?

1:04.9

Do you say anything about what's happened at the court? Just, you know, give people an overview

1:09.2

since last time we were out there.

1:11.9

So we've had nine more decisions since we last posted, recorded, four on Thursday,

1:19.4

five on Friday, Diaz versus United States, Chavarini versus City of Napoleon,

1:25.0

Moore versus United States, Gonzalez versus Trevino, a precurium.

...

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