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Divided Argument

First in Flight

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

🗓️ 6 November 2021

⏱️ 67 minutes

🧾️ Download transcript

Summary

Dan and Will catch up on what the Court's been up to other than dealing with the Texas abortion law, including cert grants addressing the EPA's power to regulate carbon emissions, a couple of summary reversals, and some other shadow-docket action.

Transcript

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0:00.0

Oh, yay.

0:02.0

Oh, yay.

0:03.1

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

0:08.0

Unless there is any more question, we have 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.

0:19.0

Welcome to Divided Argument, an unscheduled, unpredictable Supreme Court podcast.

0:24.3

I'm Dan Epps.

0:25.2

And I'm Will Bowd.

0:26.1

Okay.

0:26.4

So this is our second episode recorded after a long hiatus.

0:30.1

We did one catching people up on what's been going on in the Texas abortion cases,

0:36.3

Whole Woman's Health and U.S. versus Texas. And now in the Texas abortion cases, Whole Women's Health and U.S. versus Texas. And now in this episode,

0:42.2

we're going to try to catch you up on some other stuff that's been happening at the court

0:45.9

that isn't about abortion. Why did we take so long off? Maybe it was because we were chastened

0:52.2

by listener feedback. What happened?

0:55.3

Boy, Dan, we've said a lot of spicy and controversial things in this podcast, but I would not have

1:00.3

predicted that the most controversial, most scolded thing we would say was in front of a live studio

1:07.4

audience where neither you nor I could think of any important or famous

1:11.4

Supreme Court justices from the state of Kentucky, a very fine state. Yeah, it turns out there are a lot

1:16.4

and some pretty, pretty well-known ones, which I should have known because I'm actually in, believe

1:22.7

or not, at that time, I was in the middle of listening to an audiobook, really good audiobook, separate, which is about Plessy v. Ferguson.

1:30.7

And the part I was in was about Justice John Marshall Harlan's childhood in Kentucky and in Kentucky politics.

...

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