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Divided Argument

Woke to the Trend

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

🗓️ 17 May 2021

⏱️ 40 minutes

🧾️ Download transcript

Summary

Will and Dan finish up their conversation about the shadow docket.

Transcript

Click on a timestamp to play from that location

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, we have 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.

0:19.4

Welcome to Divided Argument, an unscheduled, unpredictable, unpredictable Supreme Court

0:22.7

podcast. I'm Dan Apps.

0:24.6

And I'm Will Bowd.

0:25.8

Let's keep talking with the ShadowDocket.

0:27.4

Yeah, more to say here.

0:28.3

So let's jump right down.

0:33.7

This is the fundamental problem with the shadow docket, is that a huge amount of it is for error

0:39.5

correction. And everybody believes the court should do some kind of error correction.

0:44.4

There's something like really bad and the court could stop it and legally wrong and the

0:48.0

court should stop it. But then once we go down that road, there are all these heuristics

0:52.6

and biases for like what kinds of errors you want to

0:55.0

correct that we don't deal with in a fair or systematic way. Does everybody believe that? I mean,

0:59.1

some people just say, look, the court is not about one-off cases. It's just about getting the big

1:04.1

legal principles right. I mean, just as Scalia said things that sounded like that at points.

1:09.6

I mean, obviously, I don't think he lived up to that because I think you can point to him signing on to things that are error correction.

1:16.1

But he said stuff like that.

1:18.2

I mean, he said stuff like, yeah, I guess I'll stand by that.

1:20.8

I think there's nobody who has zero cases of error correction that they support.

1:24.8

There's nobody who would say, you know, yes, if a lower credit issue is a nationwide injunction

...

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