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Divided Argument

Lib Fanfiction

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

🗓️ 1 September 2023

⏱️ 70 minutes

🧾️ Download transcript

Summary

The Justices have been on their European vacations for a couple of months but we're still cranking out episodes breaking down last Term. We start off by discussion Will and Michael Stokes Paulsen's SSRN-breaking article arguing that Donald Trump is ineligible for the presidency under Section 3 of the Fourteenth Amendment. We then break down a couple of shadow-docket happenings involving "ghost guns" and the Purdue bankruptcy. We then finally clear our backlog of June opinions by discussing two last opinions: Coinbase v. Bielski, which involves the intersection of arbitration and appellate jurisdiction, and Groff v. DeJoy, which importantly clarified employers' obligations to provide religious accommodations to employees under Title VII of the Civil Rights Act of 1964.

Transcript

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0:00.0

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

0:03.4

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

0:08.3

Unless there is any more question to be able to find an argument in this case.

0:11.1

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

0:19.4

Welcome to Divided Argument, an unscheduled, unpredictable, Supreme Court podcast. I'm Dan Epps.

0:25.1

And I will vote.

0:26.2

So, Will, did you have a nice vacation?

0:27.8

I had a great vacation.

0:28.7

All right. Both of us are, I think, back for the duration for this academic year.

0:33.6

No big travel on my calendar. So we should be able to provide not an infinite supply of episodes,

0:39.8

but I'd say regular episode. Can we make that promise? Well, we can make it. Yes. Can we believe

0:45.9

that to be true even if we don't? I believe we will have a regular supply of episodes.

0:49.9

Okay. And we're recording an episode here late August, very much the dead time of the court,

0:56.1

and nonetheless, we're still digging going back to some of the court's work from the last

1:00.1

term to make up for our long absence. But at the outset of this episode, I'm going to do

1:05.0

something I really don't like to do, which is to give you credit for something, Will.

1:09.4

And actually have a few things. So there's a small thing and a big thing. The small thing is, as Will you know, I've been trying to design my constitutional law class. I'm finally teaching that for the first time this spring, and I looked at all the case books. And I unfortunately determined that I wanted to use your book. I really didn't want to have to

1:28.9

do. Didn't want to kind of enrich you further and burnish your already sterling credentials. But it's a very

1:34.4

good book. I'm really looking forward to using it. I think my students will like it. I think that was the

1:38.8

big news, Dan. It's very big of me to be willing to do that and to give you credit. It is a big book, too, unfortunately.

1:44.5

It is heavy.

1:45.5

It goes through kind of all the amendments, a ton of First Amendment stuff that I won't

...

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