Dan Epps

Yeah, and so unless you've got anything more to say about that one, maybe we should just briefly talk about the change administration and what that might mean for the court. So as always happens, when there's a change in administration, the government flips its position in some of the cases in which the government has already –

And that process seems to be starting, but maybe has not fully completed. There are some cases where looking at the docket, you might expect the government to change its position with the new Trump administration administration. in charge and acting Solicitor General Sarah Harris now making the decisions where that hasn't yet happened. Maybe the Scrimetti case. I'm not sure.

And that process seems to be starting, but maybe has not fully completed. There are some cases where looking at the docket, you might expect the government to change its position with the new Trump administration administration. in charge and acting Solicitor General Sarah Harris now making the decisions where that hasn't yet happened. Maybe the Scrimetti case. I'm not sure.

Maybe the government just thinks the case is going to come out the way it wants anyways and it doesn't need to expend capital. I don't know. Are there some of these that you're expecting to see? So the government did file letters asking for a stay in the briefing schedule while it figures things out in four cases.

Maybe the government just thinks the case is going to come out the way it wants anyways and it doesn't need to expend capital. I don't know. Are there some of these that you're expecting to see? So the government did file letters asking for a stay in the briefing schedule while it figures things out in four cases.

Several environmental cases and another case that implicates student loan forgiveness. But I imagine there might be more, right? What do you think?

Several environmental cases and another case that implicates student loan forgiveness. But I imagine there might be more, right? What do you think?

Um, uh, you know, I don't, I don't recall what the tradition is there, um, in terms of the government stepping in to change its position. If the, if the case has already been that far along in the decision making process.

Um, uh, you know, I don't, I don't recall what the tradition is there, um, in terms of the government stepping in to change its position. If the, if the case has already been that far along in the decision making process.

But so your view is that we're going to see more. More stuff is going to shake out maybe in the next week, maybe even by the time listeners get to listen to this episode at home.

But so your view is that we're going to see more. More stuff is going to shake out maybe in the next week, maybe even by the time listeners get to listen to this episode at home.

Well, keep your eye on that. Okay. What else? There's a shadow docket opinion. Andrew versus White. Habeas case. This one is a little bit surprising. Okay. This is a per curiam opinion, seven to two, or at least a per curiam opinion with two dissenters.

Well, keep your eye on that. Okay. What else? There's a shadow docket opinion. Andrew versus White. Habeas case. This one is a little bit surprising. Okay. This is a per curiam opinion, seven to two, or at least a per curiam opinion with two dissenters.

It is theoretically possible for there to be a per curiam that has a majority of the court where there's one justice, the sixth justice, who decides not to join but also not to dissent. But –

It is theoretically possible for there to be a per curiam that has a majority of the court where there's one justice, the sixth justice, who decides not to join but also not to dissent. But –

you know, ostensibly maybe seven to two, granting at least some measure of relief to a prisoner in a habeas case governed by EDPA, the Anti-Terrorism and Effective Death Penalty Act, that makes it much harder for state prisoners to file federal habeas claims. And so this one is kind of surprising in the sense that, you know, certainly in

you know, ostensibly maybe seven to two, granting at least some measure of relief to a prisoner in a habeas case governed by EDPA, the Anti-Terrorism and Effective Death Penalty Act, that makes it much harder for state prisoners to file federal habeas claims. And so this one is kind of surprising in the sense that, you know, certainly in

But actually for quite some time, it's been – in habeas cases, if you're going to see a summary reversal in a habeas case, you would much more expect it to be one where the government, the state is the petitioner overturning some opinion by the Sixth Circuit or the Ninth Circuit granting relief. This is the opposite.

But actually for quite some time, it's been – in habeas cases, if you're going to see a summary reversal in a habeas case, you would much more expect it to be one where the government, the state is the petitioner overturning some opinion by the Sixth Circuit or the Ninth Circuit granting relief. This is the opposite.

This opinion doesn't necessarily let the prisoner go free, but nonetheless, it is a win for a prisoner. And we can talk about the specifics, but just stepping back for a second, were you as surprised as I was to just see – a case in that posture.