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Divided Argument

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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 2025

⏱️ 62 minutes

🧾️ Download transcript

Summary

We're joined by a special guest, Harvard Law Professor Stephen Sachs, to talk about Fuld v. Palestine Liberation Organization. Fuld is last week's big personal jurisdiction case, where the Court upheld federal laws extending jurisdiction to the PLO and PA for antiterrorism lawsuits. The author of several important articles on these issues and an amicus brief in Fuld, Steve gives us his take on the relationship between personal jurisdiction, international law and due process, and helps us evaluate the majority opinion and Justice Thomas's concurrence.

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.

0:08.0

Unless there is any more question to be able 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 admonished to give their attention.

0:20.0

Welcome to Divided Argument, an unscheduled, unpredictable,

0:23.4

Supreme Court podcast. I'm Dan Epps.

0:25.6

And I'm well-bode.

0:27.1

So not a long delay between this and our previous episode.

0:31.7

So, well, we don't have a lot of follow-up in things to talk about,

0:36.7

which is probably for the best, because it sometimes

0:38.5

derails us before we get to the interesting stuff.

0:42.1

Well, we are getting like a dozen scrimetti emails every day, as far as I can tell.

0:46.2

Yeah, why is that one so interesting to people?

0:48.5

I think unlike our usual fare, it's a case people have actually heard of. I want to know something about. Yeah, we usually stay away from those cases, but at this point in the term, we kind of have no choice, but to dig in.

0:59.1

I don't always love talking about the big kind of social issues adjacent cases, because they're

1:06.3

often less interesting as a legal matter, but that one is pretty interesting. So I was willing to stoop

1:10.8

as were you.

1:13.1

Yeah.

1:13.3

Well, this is making me think we should talk about the Texas porn case when it comes out.

1:16.8

Oh, yeah.

1:17.3

Yeah.

1:17.5

Can I just tell people that we got, you know, one of these,

1:20.2

we get all these pitch emails from publicists.

...

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