Out of Whack

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

🗓️ 10 December 2021

⏱️ 73 minutes

🔗️ Recording | iTunes | RSS

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Summary

We’ve been waiting for months to bring you this one: we can finally talk about the President’s Supreme Court Commission, which just finalized its report this week. We also briefly talk about the recent argument in Dobbs and try to predict what the Court might do.

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.
0:08.0	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 admonished to give their attention.
0:19.1	Welcome to Divided Argument, an unscheduled, unap predictable Supreme Court podcast.
0:23.9	I'm Will Bode.
0:25.2	And I'm Dan Epps.
0:27.0	So, Will, speaking of unscheduled, has been a while since we recorded.
0:32.0	We have.
0:33.1	Yeah.
0:33.3	It's been a good while.
0:34.6	I think we have a good excuse, though.
0:36.8	Do you know what that is?
0:37.8	No, I'd love one. Supply chain problems. Our hot takes have actually been on a shipping container
0:45.2	that's been stuck in the port of Los Angeles for a long time. So sorry about that. Hopefully,
0:49.7	these days, supply chain problems really kind of holds everything up, so not our fault. But we are back.
0:55.8	And let's talk a little bit about what's happened in our absence, but then we actually have a bigger, bigger topic we're going to talk about in a minute. So the Supreme Court decided overrule overrule versus Wade, right?
1:08.1	Well, they haven't said so yet, but that statement might be literally true.
1:12.4	And the court has conference in that case, and it is based on how that argument went, it is
1:16.9	very conceivable that five justices came out of that conference, went in at that conference,
1:20.8	and said, I will vote to overturn Roe versus Wade. The statement you made may literally
1:26.3	be true even if it isn't public yet.
	...

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