Votin' for Lincoln

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

🗓️ 13 February 2024

⏱️ 53 minutes

🔗️ Recording | iTunes | RSS

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Summary

After quick review of an order about admissions at West Point and two new unanimous opinions, we spend almost all of the episode breaking down last week's oral arguments in Trump v. Anderson. What excuse will the Supreme Court use to keep Colorado from disqualifying Trump from the ballot?

Transcript

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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 honor us to give their attention.
0:19.2	Welcome to Divided Argument, an unscheduled, unap predictable Supreme Court podcast.
0:24.4	I'm Will Bode.
0:25.4	And I'm Dan Epps.
0:26.5	So it's been a little while, Will, but we did need to weigh in at this point because the court
0:32.4	has had its argument in Trump v. Anderson, which is the case about President Trump's eligibility for the presidency under Section 3, which involves a legal issue that I think is near and dear to your heart.
0:46.9	Yeah. It's funny. When we started writing this article about Section 3 of the 14th Amendment and its possible applicability to modern insurrections
0:54.6	and to the president.
0:55.8	You know, we were hoping some people would read it.
0:57.2	We weren't necessarily predicting it would be the sort of Supreme Court argument less than six
1:01.6	months later.
1:02.3	And I confess, I think at this point, it is possible that the court is going to beat us to print.
1:07.8	We have one more round of page first of the larvae to go, and I think we're coming out
1:10.8	in print sometime in March.
1:12.0	Will you do any edits to reflect that?
1:15.6	No.
1:16.4	Okay.
1:17.3	No.
1:17.6	I mean, in general, we made the choice once the article had sort of gone viral on SSRN, not to try to become a moving target.
	...

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