4.9 • 676 Ratings
🗓️ 2 April 2025
⏱️ 48 minutes
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0:00.0 | Oh, yay, oh, yay, oh, yay, oh, yay. |
0:03.3 | 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. |
0:11.0 | All persons having business before the Honorable, the Supreme Court of the United States are in honorous to give their attention. |
0:19.3 | Welcome to Divided Argument, an unscheduled, unpredictable, |
0:23.0 | Supreme Court podcast. I'm Will Bode. And I'm Dan Apz. So, Will, we are aiming to keep this |
0:28.8 | one short today. We'll see if we succeed. But our strategy for that was I have a set in time |
0:35.4 | when I'm supposed to go home. So that does mean we're going to |
0:38.7 | scale down the ambition a little bit, rather than saying we're going to talk about two merits |
0:44.0 | opinions and then only going to get to one. I think we're going to say we're only going to get |
0:48.0 | to one. And presumably we can neither overpromise and under deliver nor under promise and over deliver. We're just |
0:55.1 | going to promise and deliver. Not yet had an episode where we said we were going to get to one |
0:59.1 | and then didn't get to any. That may yet happen. I'm not even sure that's true. I'm sure. |
1:04.4 | Listeners, could you find an example of that, please? Because I bet there's something sort of like |
1:08.8 | that. So we'll dig into some stuff. |
1:14.3 | Maybe a couple pieces of follow-up. |
1:19.7 | One is from Will Frankel, a 1-L at Stanford Law School, and a fan of the show. |
1:31.0 | We talked last time about kind of I Am Stunned, which was in Justice Alito's descent in Shatter-Docket case, and how that was kind of unusual. |
1:38.2 | Will found a couple examples where something like that had appeared in prior Supreme Court decisions. |
1:44.8 | So one is the phrase, perhaps almost anyone would be stunned if a state sought to take away a man's house because he failed to prove his political loyalty, refused to answer questions about his political beliefs. |
1:49.1 | That's from a dissent by Justice Black in a 1971 case, lost student CR Research Council |
1:55.7 | Incorporated versus Wadman, and then a dissent by Justice Marshall in Kleinandst v. Mandel in 1972, |
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