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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

🗓️ 10 December 2023

⏱️ 69 minutes

🧾️ Download transcript

Summary

We discuss the passing of Justice Sandra Day O'Connor, then turn to two interesting opinions on the shadow docket (in Griffin v. HM Florida and DuPont v. Abbott), and finally break down the Court's first merits opinion of the term in Acheson Hotels v. Laufer, at the intersection of standing and mootness. Will also expresses skepticism about Dan's latest AI habit.

Transcript

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0:00.0

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

0:03.3

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.

0:11.0

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

0:19.3

Welcome to Divided Argument, an unscheduled, unpredictable,

0:22.8

Supreme Court podcast. I'm Will Bode.

0:25.3

And I'm Dan Epps.

0:26.5

So, Will, we're starting finally to be in our sweet spot when the court starts giving

0:32.7

us opinions that we can talk about, which is just so much easier than having to break down cases before

0:41.8

they've been decided. Yeah, a lot less to read. Yeah, although maybe if I was doing my job well,

0:47.3

I'd still read everything for those. We do have, the one we did get, we got this one opinion. It actually

0:52.9

is one where I think we've both done all the reading and and listening so we're well prepared and that's the atchison case

0:59.3

about a DA tester standing and mootness we will come back to that but it's a case that we talked about

1:05.9

pretty extensively maybe maybe two episodes ago and so those of you who are regular listeners, but haven't been listening super recently,

1:14.5

maybe we want to pause here, go back, listen to that episode, and then you can find out

1:18.0

the ending to the story.

1:19.8

But before we get there, it's been, you know, it's been a few weeks.

1:22.7

So there's always some stuff that's happened.

1:25.6

Biggest thing, maybe the death, justice, retired Justice, Andrew Day O'Connor.

1:30.0

Yeah, I think so. Yeah. I mean, she'd been retired from public life for a few years. Yeah, so she left the

1:36.5

court when Justice Alito was confirmed in early 2006 over the years since then she developed dementia. And yeah, I think 2018 is when

1:48.2

she said she was kind of withdrawing from public. And so, you know, we hadn't certainly hadn't

...

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