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Divided Argument

Snake-Charmer-Specific

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

🗓️ 19 July 2025

⏱️ 64 minutes

🧾️ Download transcript

Summary

Moving with shockingly unpredictable efficiency, we respond to feedback, debate which of us is more composting-friendly, catch up on the emergency docket, and chip away at our end-of-Term backlog by digging into Diamond Alternative Energy v. EPA.

Transcript

Click on a timestamp to play from that location

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.

0:08.1

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

0:11.1

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

0:19.8

Welcome to a divideded Argument,

0:21.5

an unscheduled, unpredictable Supreme Court podcast.

0:24.1

I'm Dan Apps.

0:25.1

And I'm well-bode.

0:26.5

Well, it's been, you know, a week or two since our last episode,

0:29.8

but we've still got a lot of backlog to get through from the end of the term.

0:34.4

I think we will be doing that for a bit.

0:37.4

And the court, you know, despite

0:39.1

being on summer vacation, is still giving us emergency orders we have to process. So it might take us a while.

0:44.8

I think maybe, what do you think by October or so, do you think we'll be caught up on the term?

0:50.3

I think by the time the next terms starts, the first Monday in October, we will be as caught up as we're going to be. Although the emergency orders thing is an issue, right? It used to be we could count on the court to kind of put its pencils down while we did the rest of the reading. Yeah, it's really quite frustrating. It's really surprising the degree to which that has changed, you know, radically.

1:15.2

You know, I mean, when you wrote the original Shadow Docket article,

1:18.1

you were really just talking about like a handful of, you know,

1:20.2

habeas summary reversals, right?

1:24.1

Yeah, I mean, I think I, if I can take some credit,

1:28.6

I think I was sensing there was like a little bit of a little bit of an inflection point or like some weird stuff seem to be going on. Yeah, but it was still, I mean, like where we were on the curve was very, you know, early, you know. Yes. But I feel like most of your examples, you know, were the kind of handful of random summary reversals they were doing. Yeah. I remember going to a conference with some, like, public interest lawyers. We're talking about, like, various strategic lawyering things around the time that article came out, and I gave them the tip of, like, you should start applying for extraordinary leaf because that could be a useful way to get, just to take a different look at the merits. And the people in their horsebook works were like, oh, yeah, that's a good idea. We should try that, you know. And other people were like, wait, you can do what? They're like taking notes. So I don't want to say it's my fault. So you're the legal architect. The architect of the emergency docket? Yeah. Or maybe the interim orders docket. Maybe it's the new name we're going to. Is that what we're settling on? It's a good argument from Jack Goldsmith. That's actually the best name is the interim relief docket. Could we just call it the interim docket? I mean, it just, it's a mouthful. Okay, interim jacket. I don't know. I don't know. So let's try to power through some feedback and follow up.

2:35.2

How about that?

2:35.6

Okay, sure.

...

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