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Divided Argument

The Thunder 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

🗓️ 25 July 2025

⏱️ 31 minutes

🧾️ Download transcript

Summary

Acting with unpredictable alacrity and unpredictable brevity, we break down the Supreme Court's recent interim order in Trump v. Boyle, and discuss what it means for the unitary executive, and for the shadow docket. We also debate the best name for the Court's emergency/interim orders docket.

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.

0:11.1

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 Divided Argument,

0:21.5

an unscheduled,

0:22.5

Unpredictable Supreme Court podcast.

0:24.2

I'm Dan Epps.

0:25.1

And I'm Wellbode.

0:26.6

So we are doing a rare,

0:30.8

exceedingly rare,

0:32.6

emergency episode.

0:33.5

Is this really an emergency episode,

0:35.0

or is this more of a kind of lightning quick episode?

0:40.2

I like to think of it as an interim episode.

0:43.0

It's an episode about something that's just happened on what some people call the emergency docket,

0:47.6

but we might be rebranding as the interim orders docket.

0:50.9

Yeah, we were just having a debate about that with some other folks about a better

0:55.2

label for this. I mean, I think that with apologies to you, I think shadow docket is on its way out,

1:02.7

right, because now these things get more attention than anything else. Emergency sort of works,

1:08.2

and that seems to be what the court had initially settled on, but not all these things are emergencies.

1:14.5

Yeah. I mean, so technically speaking, the shadow docket is the broad umbrella of everything that's not the merits docket, of which this docket is a subset.

...

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