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Divided Argument

Triple Threat

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

🗓️ 31 July 2023

⏱️ 66 minutes

🧾️ Download transcript

Summary

What could be more unscheduled and unpredictable than our fourth episode in little more than a week? We briefly discuss the jurisdictional complexities in the Mountain Valley Pipeline shadow docket dispute, and then revisit recent ethics controversies. Then, we continue marching through the June cases we missed. We talk about the First Amendment's "true threats" exception in Counterman v. United States, and then ponder the two student loan cases, Biden v. Nebraska and Department of Education v. Brown.

Transcript

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0:00.0

Oh, yay. Oh, yay. Oh, yay.

0:03.2

The judicial power of the United States shall be vested in one Supreme Court.

0:08.1

Unless there is any more question, be able to find an argument in this case.

0:10.9

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. I'm Dan Epps.

0:25.3

And I'm well-vode.

0:26.2

We're back with the fourth episode in a week, basically.

0:30.6

Yeah, I think. At what point does this become, you know, scheduled?

0:35.9

Never, because we're going to have a huge gap again,

0:38.3

I'm sure. Yeah, okay. Aren't you going on vacation again? Of course. Soon, right? Yeah. Okay.

0:44.2

Got a couple weeks. We're also, I mean, we are marching through a lot of the big opinions, right?

0:49.2

So at a certain point, like there will be slightly less urgency. I mean, I think we both, we both had some of the big

0:55.0

cases we really wanted to talk about. And we weren't able to, mostly my fault, a little bit

1:00.2

your fault in June. And now we are catching up. But at a certain point, you know, kind of got to run

1:06.0

out of stuff, right? Well, once we talk about the big opinions, we can talk about the little

1:10.1

opinions. Yeah. Well, big opinions, let's just say right now, the big opinions we're going to talk about,

1:15.9

which are student loan cases, okay, waiting for us to talk about those. And Counterman versus

1:22.1

Colorado, really interesting First Amendment true threats case. What are the little cases just to give people a set

1:29.1

expectations that we will fail to live on? But like, what are the little cases you're

1:32.9

interested in? I'm interested in a lot of little cases. This arbitration case?

1:37.6

Oh, well, maybe not the arbitration case. I'm pretty interested in Arizona versus Navajo Nation, the case

1:45.3

for the water rights of the Navajo Nation with a on-brand, versus Corsuch descent. That one's

...

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