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

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

Unless there is any more question to be able to find an argument in this case.

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

Welcome to Divided Argument, an unscheduled, unproductive,

Supreme Court podcast. I'm Will Bode.

And I'm Dan Epps. So right before we turned the recording on, Will, you were asking whether

this would be the final episode of the October term 2022.

For our podcast. Yes.

Right.

This is a little on fact about the court is that we think of the court's term as ending,

issue all the opinions, but they still remain in their old term that summer until they start over.

And it's, I mean, the whole idea of the October term is kind of silly.

I mean, it goes back to when the court would have multiple terms, but now

there's just a continuous term, right? There's not like a secret recess period where you can

do stuff without the court being able to do anything about it. Right. Well, I think until,

this is in Steve Vladick's book on the Shadowdocket, I think until the 80s, the summer was

kind of separate. And so like different, different norms applied during the summer. Like the court, you wouldn't expect to look at the court together or the summer. So you'd have more in chambers activity and stuff like that. You'd have to go to the base of the mountain in Washington State to find Justice Douglas. Right. Whereas now the court's always, you know, able to couple together a shadow

docket ruling. And back in 1801, Congress could just cancel the term and keep the court

from sitting for an extended period. Could I still do that? Could they still just cancel the October

23 term? I assume that the court would say that's unconstitutional.

I don't know what that would mean, right, to say that there's no term.

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