4.9 • 676 Ratings
🗓️ 17 May 2021
⏱️ 40 minutes
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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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