Dan Epps

hardcore originalist moving away from tears of scrutiny entirely just as kavanaugh says explicitly in rahimi he's against it yeah yeah and he's not walking away from it totally no but he's saying maybe we should put less emphasis on it since they can be help focus our analysis useful maybe they're useful tools so but also let's not let's not focus on too much yeah a kennedy-esque view on them i think

Yeah, I think he just generally didn't like kind of complicated kind of doctrinal frameworks. He kind of wanted to be a little bit more common sense about things.

Yeah, I think he just generally didn't like kind of complicated kind of doctrinal frameworks. He kind of wanted to be a little bit more common sense about things.

And if this were the majority opinion, I mean, I think that would sort of weaken its force a little bit as precedent, which is maybe healthy. I mean, the majority opinion does also contain one of those.

And if this were the majority opinion, I mean, I think that would sort of weaken its force a little bit as precedent, which is maybe healthy. I mean, the majority opinion does also contain one of those.

Yeah, but it's not saying it's not worth something as precedent. It's just saying, treat this as kind of more specific. Right. That's a way of saying like the scope of our holding. It's the same thing as it being tentative though, right? Gorsuch is like it's tentative. Yes, that's true. This is not tentative, but it's focused. What else to say about this?

Yeah, but it's not saying it's not worth something as precedent. It's just saying, treat this as kind of more specific. Right. That's a way of saying like the scope of our holding. It's the same thing as it being tentative though, right? Gorsuch is like it's tentative. Yes, that's true. This is not tentative, but it's focused. What else to say about this?

President Trump filed a brief, which you had sort of encouraged, right? You and Richard Ray had a thing saying there should be... There should be able to call for the views of the president-elect. Yeah.

President Trump filed a brief, which you had sort of encouraged, right? You and Richard Ray had a thing saying there should be... There should be able to call for the views of the president-elect. Yeah.

And that brief was criticized by, among others, Jack Goldsmith as being kind of Trumpy in its rhetoric about the president and sort of reading as if it was designed to kind of suck up to President Trump.

And that brief was criticized by, among others, Jack Goldsmith as being kind of Trumpy in its rhetoric about the president and sort of reading as if it was designed to kind of suck up to President Trump.

Anything else to say about this one? So, I mean, by the time you listen to this, listeners, it is possible I think TikTok is going to go dark. I think they're going to go dark on the 19th.

Anything else to say about this one? So, I mean, by the time you listen to this, listeners, it is possible I think TikTok is going to go dark. I think they're going to go dark on the 19th.

Because the president cannot nullify a law just of his own initiative. I mean, there are provisions in this that allow certain kinds of relief, but you can't just say this law doesn't exist. Now, maybe there are due process kind of entrapment by estoppel type arguments for why a statement like that by the relevant authority can give you an entitlement to act. Right.

Because the president cannot nullify a law just of his own initiative. I mean, there are provisions in this that allow certain kinds of relief, but you can't just say this law doesn't exist. Now, maybe there are due process kind of entrapment by estoppel type arguments for why a statement like that by the relevant authority can give you an entitlement to act. Right.

Yeah. Still, I mean, there's other actors involved. I don't totally understand what does the Apple App Store, do they have decisions to make about this? So, yeah, I'm curious to see what happens.

Yeah. Still, I mean, there's other actors involved. I don't totally understand what does the Apple App Store, do they have decisions to make about this? So, yeah, I'm curious to see what happens.

You will be told in some format.

You will be told in some format.

And we do have, Divided Argument does have a Blue Sky account, FYI. We don't have a TikTok account, do we? We do not, to my knowledge. I don't remember. If we do, it would be because I created one and I have no memory of that, but it's possible however many years ago I did, but I do not believe so. We do have an Instagram. We're on the gram. We're on Facebook.