New Episode: Impregnable Citadel of Technicality

Whitten, Allen III, and Sripetch

The latest episode of Divided Argument, Impregnable Citadel of Technicality, is up:

After puzzling over an interesting follow-up question about Pitchford v. Cain, we unpack a summary vacatur in Whitton v. Dixon. We then spend a while breaking down the latest developments in Allen v. Milligan line, in which we discuss the future of the Purcell principle and whether the Court should be unusually attentive to public appearances in election cases. We finish with Sripetch v. Jarkesy, where the Court rejects a requirement that the SEC prove victims suffered pecuniary loss before seeking disgorgement, with specific attention to the interesting Seventh Amendment question raised in Justice Thomas’s concurrence.

As always, comments are welcome below.