Dan Epps

Okay, so this is 5-4. Yeah. Do you think it's weird that nobody even bothered to write kind of a three-sentence, let alone a two-page dissent?

Yeah, I'm just not sure they have good responses to both points. Well, I mean, presumably they think they do. So I would be curious. This is kind of like the bad version of the shadow docket, right? That kind of totally unexplained. They're not doing the thing. They're refusing to do the thing, but still would be.

Yeah, I'm just not sure they have good responses to both points. Well, I mean, presumably they think they do. So I would be curious. This is kind of like the bad version of the shadow docket, right? That kind of totally unexplained. They're not doing the thing. They're refusing to do the thing, but still would be.

Okay, well, we'll circle back to something Trumpy in a few minutes. So actually, here's something unpredictable. We're making good time. We're maybe 15 minutes in. We've covered all the preliminaries we hope to cover. Were there any other preliminary matters?

Okay, well, we'll circle back to something Trumpy in a few minutes. So actually, here's something unpredictable. We're making good time. We're maybe 15 minutes in. We've covered all the preliminaries we hope to cover. Were there any other preliminary matters?

Oh, are we talking about the Trump phone call with Justice Alito? Or are you thinking about something else? That was what I had in mind. Yeah, that was interesting. So Justice Alito apparently had a phone call with President-elect Trump purportedly about a reference check Yeah, Will Levy, a friend of mine from D.C. I haven't spoken to about this at all, but somebody I know.

Oh, are we talking about the Trump phone call with Justice Alito? Or are you thinking about something else? That was what I had in mind. Yeah, that was interesting. So Justice Alito apparently had a phone call with President-elect Trump purportedly about a reference check Yeah, Will Levy, a friend of mine from D.C. I haven't spoken to about this at all, but somebody I know.

A job, I'm not totally clear what the job is. And just Salido said they didn't talk about this filing or anything else that was pending before the court and perfectly willing to believe that. It raised my eyebrows just because it made me wonder, is President Trump going through other – Job seeker resumes to call random references?

A job, I'm not totally clear what the job is. And just Salido said they didn't talk about this filing or anything else that was pending before the court and perfectly willing to believe that. It raised my eyebrows just because it made me wonder, is President Trump going through other – Job seeker resumes to call random references?

Is he calling a hiring chair at various law firms about various people being considered for various jobs? Or was this kind of a pretext that he used as an excuse to reach out to Justice Alito? It doesn't necessarily... I'm not sure it's unethical in any way by Justice Alito to serve as a reference for a former law clerk. I think that justices do that all the time.

Is he calling a hiring chair at various law firms about various people being considered for various jobs? Or was this kind of a pretext that he used as an excuse to reach out to Justice Alito? It doesn't necessarily... I'm not sure it's unethical in any way by Justice Alito to serve as a reference for a former law clerk. I think that justices do that all the time.

But I guess I wonder, on the other side of it, is that the motivation? Is that what's going on?

But I guess I wonder, on the other side of it, is that the motivation? Is that what's going on?

That's like kind of, is it the kind of the Supreme Court version of the like old prank call thing where you conference call in the two pizza places and like Domino's like, what do you, do you want a pizza and pizza? It's like, do you want a pizza? I've never done that. Did you do that when you were a kid?

That's like kind of, is it the kind of the Supreme Court version of the like old prank call thing where you conference call in the two pizza places and like Domino's like, what do you, do you want a pizza and pizza? It's like, do you want a pizza? I've never done that. Did you do that when you were a kid?

trump that he was like really conservative i guess i would just assume not have supreme court justices serving as like ideological references but i don't know enough to really weigh in and that one does seem to have kind of disappeared right that was a very flash in the pan kind of scandal i think so yeah i assume you're okay with we're just serving as like academic references like if a law school wants to call somebody's justice and see if they'd be a good law president that's fine i yeah i mean are you about to like hoist me on my own petard in some way i was just checking

trump that he was like really conservative i guess i would just assume not have supreme court justices serving as like ideological references but i don't know enough to really weigh in and that one does seem to have kind of disappeared right that was a very flash in the pan kind of scandal i think so yeah i assume you're okay with we're just serving as like academic references like if a law school wants to call somebody's justice and see if they'd be a good law president that's fine i yeah i mean are you about to like hoist me on my own petard in some way i was just checking

Yeah. I mean, yeah, I think in general that seems okay to be a reference. I mean, it may be like if someone is a law clerk is trying to get a job with a party that is currently like a company that currently has a petition before the court, like not as a lawyer, but like, I don't know.

Yeah. I mean, yeah, I think in general that seems okay to be a reference. I mean, it may be like if someone is a law clerk is trying to get a job with a party that is currently like a company that currently has a petition before the court, like not as a lawyer, but like, I don't know.

And maybe there might be times when, when those kinds of what we might consider ex parte contexts are inappropriate, but as a general matter, no, I'm not going to say that. Yeah. I'm just riffing. I don't, I don't know. I don't want to commit myself. That seems fine. I think if it weren't a lead-on Trump, everybody would think it was fine. You think everything's fine, though?