Divided Argument A Trees Guy in a Forest Court
May 16, 2025
The hosts reflect on Justice Souter's legacy and unpack the nuances of a recent Supreme Court opinion, Barnes v. Felix. They explore the intersection of generative AI and SCOTUS research. The oral arguments in Trump v. Casa spark a debate on birthright citizenship. The discussion also covers qualified immunity and the need for judicial transparency. A case involving police conduct raises questions about the Fourth Amendment and social media's evolving role in public discourse. Prepare for lively speculations on judicial strategies and the dynamics within the court!
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Podcast Audio Quality Tips
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Justice Souter's Detail Focus
- Justice Souter was very detail-oriented, often focusing on procedural and doctrinal minutiae during arguments and opinions.
- This made him the "lawyer's lawyer" but less comfortable with the broader, more political nature of Supreme Court judging.
Podcast Hosts' Media Experiences
- Dan Epps has a categorical rule against doing live TV, preferring to avoid its stress and effort.
- Will Baude has done live blogging of Supreme Court arguments, sometimes playfully posting trollish questions.