Reference Check

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

🗓️ 19 January 2025

⏱️ 66 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

In unpredictable fashion, we record a shockingly timely episode to reflect on the Court's hasty per curiam in the TikTok case. Along the way, we catch up on the shadow docket happenings, manage not to get derailed by an ethics discussion, discover a surprising opinion revision in real time, and break down the Court's opinion in Royal Canin U. S. A. v. Wullschleger. Most importantly, Dan—with help from loyal listeners—collects on a bet Will unwisely made years ago.

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 in honor us to give their attention.
0:19.2	Welcome to Divided Argument, an unscheduled, unpredictable,
0:22.3	Supreme Court podcast. I'm Danpps.
0:24.6	I'm Will Bowd.
0:25.8	So who would have predicted that we would record a same-day episode about a breaking
0:32.1	piece of Supreme Court news? This probably won't come out the same day, but hopefully this will come out
0:38.3	some Saturday or Sunday. We had a breaking development. The court released a shadow docket-ish
0:45.8	opinion in the TikTok case, and we're reacting as quickly as we can, which is not that
0:52.7	quick, but quicker than we normally are. Yeah, we
0:56.1	don't usually do timely takes, so this is going to be a new experiment for us. Yeah, I don't know if it
1:01.3	makes up for the, what was it like a two-month delay, two-and-half-month delay? It was a long delay.
1:06.3	It was September to December. Yeah, yeah, okay. You had people lamenting the death of the podcast to you just on the assumption that it was clearly over.
1:14.4	But it is not.
1:15.8	And in fact, we have a couple of live shows coming up, believe it or not.
1:19.6	We are going to Stanford in less than two weeks.
1:23.3	I'm excited.
1:24.0	We were speaking to a class there, but we also were squeezing in a live show, and I think we're headed to Northwestern, your neck of the woods, a little bit later this, later this spring.
1:34.0	So we are, we are still active.
1:36.5	Active and traveling.
1:37.9	Yeah.
	...

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