How the 5th Circuit Won by Losing, with Steve Vladeck
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 23 September 2024
⏱️ 49 minutes
🧾️ Download transcript
Summary
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We are excited to welcome Georgetown law professor Steve Vladeck back to Opening Arguments for a look back at how the Supreme Court responded to the infamously unruly--and increasingly more extreme--Fifth Circuit Court of Appeals in its last term. How did the 5th “win by losing,” and why is there still cause for future concern even after SCOTUS reversed all but three of the eleven cases it took up from them? What kind of messages are the high court justices trying to send back to the 5th, and why aren’t they receiving them?
Also discussed: Neil Gorsuch’s most recent not-quite-true statement, why the Supreme Court continues to tolerate the dumbest standing arguments on Earth, the 5th’s use (and abuse) of administrative stays, and what may or may not be wrong with Matt’s brain.
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Subscribe to Prof. Vladeck’s free weekly One First newsletter
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“The Fifth Circuit Won by Losing,” Steve Vladeck, The Atlantic (July 9, 2024)
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“30 Hours of SB4 Whiplash,” Steve Vladeck, LexisNexis.com (March 20, 2024)
If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!
Transcript
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| 0:00.0 | Well, when the president does it, that means that it is not illegal. |
| 0:07.0 | He gags me! What's my crime? I got bold and a little negligent? Nope! |
| 0:23.0 | Bales are coming to take away my will to live. |
| 0:28.0 | Fuck them, though. |
| 0:32.0 | One count of being a bear, and one count of being an accessory to being a bear. |
| 0:37.0 | I hate the Supreme Court. |
| 0:46.5 | Hello and welcome to opening arguments. This is episode of 1,071. |
| 0:49.5 | I'm here host Thomas Smith, |
| 0:50.5 | and I'll be heading on over to co-host Matt Cameron and our special guest coming |
| 0:55.5 | back to the show for a I don't know for fourth time it's been a lot but never |
| 1:00.0 | enough Georgetown Law Professor Steve Vlattick and when Steve |
| 1:03.5 | Vladimir is here you know we're gonna be talking Supreme Court gonna cover a few things |
| 1:07.3 | with Steve and do a brief tour around some recent Neil Gorsuch lies gonna revisit |
| 1:12.4 | SB 4 some other things, but most importantly, |
| 1:15.1 | we're going to talk Fifth Circuit and how the Fifth Circuit has won by losing. |
| 1:18.6 | Should the fact that the Supreme Court reversed all but three of the 11 cases it took up from the fifth circuit should |
| 1:24.0 | that make us feel better should we feel great about that hey they reversed all but |
| 1:27.0 | three or maybe there's a more accurate way of looking at it so can't wait to get to the |
| 1:32.3 | breakdown with Matt and Steve. But now before we take a quick break, which you can avoid at patreon.com slash law. If you like the show, if you like interviews like this, if you you learn something which I definitely do every time |
| 1:44.2 | please consider supporting the show at patreon.com slash law you get to lose the |
| 1:47.6 | ads and you get some other goodies all right let's hop on with Matt and with |
| 1:51.4 | Steve Laddick. And welcome back to the show Steve Laddick, |
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