The Country of the Future

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

4.9 • 676 Ratings

🗓️ 28 July 2025

⏱️ 91 minutes

🔗️ Recording | iTunes | RSS

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Summary

We finally circle back to the two big structural constitutional law cases from the last day of the term. First is Kennedy v. Braidwood Management, which upheld the appointment structure of the U.S. Preventative Services Task Force under the Affordable Care Act. Then is FCC v. Consumers' Research, which upheld the universal-service contribution scheme against a pair of non-delegation challenges. Our second-longest episode of the season.

Transcript

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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 admonished to give their attention.
0:19.9	Welcome to Divided Argument, an unscheduled, unap predictable Supreme Court podcast.
0:24.9	I'm Will Bowd.
0:25.8	And I'm Dan Apps.
0:28.0	So we are continuing our slog through the opinions that came out at the end of the term.
0:35.3	I think we are nearing the end of the ones we think are worth talking about.
0:40.7	I think so.
0:41.3	So if there are things you really want us to cover after this episode is over, get at
0:45.3	least five of the people to all write in and request the same episode and maybe will listen.
0:49.0	Is that like the cert standard for getting us to take up a case?
0:53.9	Five listeners. Well, they don't get votes. I think the search standard is, like, you know,
0:58.7	it's automatic. You and I have to agree to do it. Well, fair. But I mean, if a thousand
1:03.9	listeners wanted us to do a case, we would probably do it, right? Would you feel some
1:07.9	compulsion in that situation? I feel some compulsion of five.
1:12.0	If a thousand listeners wanted to do as a case that we wanted us to do a case that we were not otherwise doing,
1:16.3	there probably would be some very good reason.
1:18.0	So I just not sure what to make of that.
1:19.6	We would have made some bad choice in not covering that case.
1:24.2	Yeah.
1:24.7	Okay.
	...

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