New Episode: The Marshal and The Margarine
From In re Neagle to Trump v. Illinois
The latest episode of Divided Argument is out — The Marshal and the Margarine:
We're back with the first episode of the new year, breaking down the interim docket opinion/order in Trump v. Illinois, the national guard case, after first warming up with new Erie scholarship, state criminal jurisdiction over federal officers, and some recent online discourse.
As always, feel free to comment below!
It was interesting to listen to the intro to this episode especially re Dan's social media forays. I really honed in on the renewed discussion about "narrow limiting" vs "sounding the alarm" legal writing which you attributed to Kagan and Jackson respectively. Dan seemed to indicate he was much more fond of the former as he seemed much more wary of things he felt would lead to just abandoning law in general. This discussion seems almost old hat as you have both covered it so many times and, as you mentioned, Dan even just discussed it in the Jodi Kantor article.
What occurred to me was that you *both* seem to have quite a bit of reverence for Scalia's writing. For two decades he seemed to take the lead in "sounding the alarm" legal writing even though he was part of a 5 justice majority on most topics. It's hard to observe today's court and not note his oversized influence on justices trying to write like him, bring up references to him, claim his mantle etc. I guess what I'm saying is that it seems like there is ample evidence that regardless of if you are winning or losing, this type of approach weighs heavily on the next generation.