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Divided Argument

Map Guy

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

🗓️ 9 August 2023

⏱️ 70 minutes

🧾️ Download transcript

Summary

We recap some shadow docket happenings and catch up on the latest SCOTUS ethics news before continuing our march through June opinions we missed. This time, we dive back into Indian law in Arizona v. Navajo Nation and try to make sense of private causes of action and the so-called Spending Clause in Health and Hospital Corporation of Marion County v. Talevski. Along the way, Will reveals his closet cartographical interests.

Transcript

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0:00.0

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

0:03.4

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

0:08.1

Unless there is any more question, we have to find an argument in this case.

0:10.9

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

0:19.4

Welcome to Divided Argument, an unscheduled, unap predictable Supreme Court podcast.

0:24.2

I'm Will Bode.

0:25.1

And I'm D&EPS.

0:26.3

So, Will, we're back a month after, sorry, a week after our last episode.

0:31.2

So we're keeping up a pretty good pace.

0:32.9

We're slowed down a little bit from the breakneck pace that we came, that we were doing,

0:37.2

coming out of our vacations.

0:39.5

We were starting to run out of opinions. That's a good thing.

0:41.9

Yeah. So we're back. You're going on vacation soon. So things will slow down further for a while.

0:47.3

But we've gotten through most of the big cases, I think. And so for this episode, we were sort of

0:53.9

trying to figure out what to do. There were

0:55.9

fewer obvious ones, and I had a couple ideas, and you had a couple ones that you wanted to talk about.

1:00.7

So we compromised by talking about the ones you want to talk about. So we're going to do that

1:05.8

a minute. Before we do that, not a ton of news, but maybe a couple things worth talking about. What do you got?

1:13.5

Well, in terms of stuff that the court did, kind of substantive stuff, there is a very short order

1:19.0

in a case called City of Tulsa versus Hooper. And this is more kind of fallout from, you know,

1:27.3

the court's recent cases involving the kind of status of the Indian reservation in Oklahoma, most recently the Oklahoma versus Castro Huerta case.

1:37.4

I guess that issue in this case is whether the city of Tulsa can enforce its municipal laws on Indians.

...

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