Marching Orders

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

4.9 • 676 Ratings

🗓️ 11 February 2023

⏱️ 62 minutes

🔗️ Recording | iTunes | RSS

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Summary

We revisit the leak investigation, catch up on recent news, and then take a deep dive into the recent dispute in United States v. Texas over the scope of courts' power to vacate administrative rules and the related controversy over so-called "nationwide" injunctions.

Transcript

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0:00.0	Oh, yay. Oh, yay. 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 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.
0:19.5	Welcome to Divided Argument, an unscheduled, unpredictable,
0:23.9	Supreme Court podcast. I'm Dan Epps.
0:26.0	And I'm well-vote.
0:27.5	Well, we are back.
0:30.2	Will, it's been a couple weeks.
0:31.7	I think that's a good length of time.
0:34.2	Not too much complaints in the meantime.
0:36.8	We've got some stuff to talk about, not a lot of
0:39.7	new news to talk about. I think we're going to kind of catch up a little bit. There was an opinion
0:45.3	that came out. Are we going to talk about that? Not really. Okay. Why not? It's too boring,
0:50.7	even for me. Wow. And it's about like, it's about sort of like jurisdiction type stuff, right?
0:57.0	It's about like equitable tolling and time limits.
1:00.1	It's a case Arlano versus McDonough, which is when you calculate the date of disability
1:08.2	compensation and like reviewing that and stuff.
1:12.3	The question is whether the effective date default rule set forth in 38 U.S.C. 5110A1 is subject to equitable tolling.
1:19.0	The answer is no. It's unanimous.
1:22.0	Okay. That's it. It's not. Yeah. Everybody agrees. Barrett opinion. She's not getting the
1:27.1	great opinions yet.
	...

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