New Podcast Episode: Byzantine Wall
Dan and I talk about the late summer shadow docket, err, emergency docket, err, interim docket
The latest episode of Divided Argument, Byzantine Wall, is up:
We extend our record-breaking run with a discussion of the Court's two big recent emergency docket rulings: Noem v. Vasquez Perdomo and NIH v. American Public Health Association.
As I noted on Twitter this morning, there has also been very good commentary on Vasquez Perdomo from Steve Vladeck as well as from Orin Kerr in addition to Richard’s great post.
Also, I realized that I never put up a blog post for our episode on Richard Primus’s book (“Bedrock Con Law 101”). Feel free to discuss any of the above in the comments!
I was unclear on the conclusion of your discussion on the Gorsuch/Kavanaugh partial concurrence/dissent saying emergency docket decisions are precedents the lower courts have to follow. Since those two were the only Justices signing on to that writing, is it at all binding on the lower courts?
Im not a great writer or able to find the right words like yall are, so please forgive my fumbling of words. I feel that this episode is an example of the heat of the room being turned up on the left so to speak. I know Dan is "tired of" people telling him he is overreacting, but he is and his 1 tiny flame added to the fire. It is beyond me how 2 highly intelligent deep thinkers can entertain the idea that a 3rd Trump term is possible. The most constitution loving, original meaning, textulist people will throw out the constitution go against their convictions and give Trump a 3rd term? No Kings day and all the dictator talk is adding to the temperature of the left. The far left and the far right drink the same Kool-Aid and its hate. But there are no big, nationwide, protests from the right supporting the stupid ideas of our idiots, no law professors doing podcasts about Bill Gates and some bioweapon, or pedophile rings in pizza shops. Actually its the left that amplifies our idiots, thinking we want a Trump 3rd term. Have some faith in the American people as a whole, this administration is pushing the envelope futher than ever before, which is done in every generation. They have also abided by SCOTUS, and will continue to, minus the stupid TikTok thing which i am not happy about, but no one is dying because of. No serious person thinks birthright citizenship will pass the Supreme Court, even those explaining the complexities of it say its highly unlikely to fly, and the Trump administration knows it. Treat it like the absurdity that it is, and also treat the idea of a 3rd Trump term the same.