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Divided Argument

So What

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

🗓️ 4 June 2021

⏱️ 53 minutes

🧾️ Download transcript

Summary

Will and Dan break down the Court's fascinating decision yesterday in Van Buren v. United States, which interpreted the Computer Fraud and Abuse Act.

Transcript

Click on a timestamp to play from that location

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 mind us to give their attention.

0:19.5

Welcome to Divided Argument, an unscheduled, unpredictable, Supreme Court podcast.

0:24.5

I'm Dan Apps.

0:25.9

And I'm well-bode.

0:27.0

So, Will.

0:27.7

We recapped a bunch of opinions last time, and the court had another opinion release day.

0:33.3

We're recording today on Thursday, June 3rd, and they only gave us one, Van Buren

0:40.1

versus United States, but it's an interesting one. So we thought we would do another episode

0:43.2

to talk about it. What do you think of this one? Yeah, and it's a big one, too. So I'll just

0:47.2

start off by saying, I feel like we sometimes have a pretense to objectivity around here, and I just

0:52.5

want to make clear I don't think I could possibly be objective about this opinion. It is argued and won by one of my favorite Supreme

0:59.4

Court advocates, Jeff Fisher, supported in an amicus brief by one of my favorite scholars,

1:03.7

Orin Kerr, written by one of my favorite justices, Amy Barrett, employing textualism,

1:08.4

one of my favorite methodologies, to rule for the defendant

1:11.6

in a federal criminal case, one of my favorite results.

1:14.1

In support of computer hacking, which is one of your favorite activities, right?

1:18.6

That's not hacking, Dan.

1:19.4

It's not hacking.

1:20.0

Well, that's the question.

1:22.0

Yeah, so there's a lot of things going on.

...

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