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Divided Argument

Settling of Scores

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 July 2022

⏱️ 81 minutes

🧾️ Download transcript

Summary

We reflect on the Supreme Court term as a whole, and the direction and politics of the Court. We focus on West Virginia v. EPA, which canonized the "major questions" doctrine, and the upcoming case of Moore v. Harper, which confronts the "independent state legislature doctrine."

Transcript

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0:00.0

Oh, yay.

0:02.0

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.

0:10.9

The old person having business before the Honorable, the Supreme Court of the United States are in mind us to give their attention.

0:19.4

Welcome to Divide an Argument, an unscheduled, unap predictable Supreme Court podcast. I'm Will Bode.

0:25.4

And I'm Dan Epps. Will, it's been kind of, I think, a medium-length amount of time since we

0:31.0

recorded, and a fair bit has happened since then, some of which has taken me a while to process. Maybe that's partly why

0:39.4

we haven't recorded in a bit. So the court finished up the term and released a bunch of

0:44.7

big opinions after Dobbs and Bruin, which we talked about last time. And it's been a big term.

0:53.0

How would you describe this term now that we've seen the biggest cases?

0:57.2

Yeah, well, I guess I do think every term always seems big at the time, with a couple exceptions.

1:01.9

But I think we could call this seismic, a big, a lot of conservative victories and a lot of important cases.

1:10.3

And the court does not appear to be

1:13.0

reticent about overruling precedent and making law. Yeah, I think absolutely this is a very

1:19.7

conservative term. I mean, the court often, sort of at the end, you sort of look at the term,

1:24.7

and it kind of has served up some wins to kind of to both ideological

1:28.6

sides. And here, you know, it's not like there are none wins for, you know, the kind of

1:35.2

progressive general credit side, but to the extent you can characterize cases that way, but not a lot

1:40.6

in terms of the end of the term, you know, the court five to four said that President

1:45.9

Biden could end the remain in Mexico policy, but otherwise there were some really big,

1:51.8

a lot of really big, really big, really sweeping victories for, you know, the kind of conservative

...

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