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Divided Argument

The Lightning Docket

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

🗓️ 2 September 2021

⏱️ 67 minutes

🧾️ Download transcript

Summary

Will and Dan break down the Court's late-night refusal to block the implementation of Texas's controversial "fetal heartbeat" law, and what it might mean for the future of the Court's abortion jurisprudence.

Transcript

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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.

0:11.0

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

0:19.3

Welcome to Divided Argument, an unscheduled, un-predictable Supreme Court podcast.

0:23.8

I'm Will Bode.

0:24.9

And I'm Dan Epps.

0:26.6

So, Will, you've been on vacation for a good while.

0:29.4

You're a little rusty.

0:30.2

You tried to do the lead in a minute ago, and you said the name of the wrong podcast.

0:34.5

So we need to get you back into podcasting shape, so to speak. And we have,

0:40.5

unfortunately, the court is not really going to let us, you know, kind of warm up with easy

0:44.5

stuff. I'd say this is, we've had one of the more high profile events in recent

0:52.0

Supreme Court history. Yesterday, we're recording this on Thursday morning,

0:56.8

and late last night, we got an order from the Supreme Court denying, you know, refusing to

1:04.5

overturn a Fifth Circuit ruling that had issued an administrative stay of district court

1:10.4

proceedings that were challenging,

1:13.0

that were being brought to challenge Texas's new, somewhat unusual six-week plus abortion

1:19.5

B.M. Maybe so. All right. So number 21A24, Whole Women's Health v. Jackson. The application

1:26.3

for injunctive relief or in the alternative

1:28.4

to vacate stays of the district court proceedings are denied. So what they're asking for is complicated.

1:34.2

So they're asking for both an injunction, but also, you know, alternatively or both and,

...

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