Will Baude

Because it's a Calder only rule.

Yeah, I'm saying, like, if Justice Thomas is suggesting that, like, the original understanding of criminal in 1798 in Calder was this test, should that also be the test for, you know, the fifth... If false claims act cases?

Yeah, but even like tax penalties, right?

Like not just your taxes, but the penalties that are currently treated as civil.

Would Justice Thomas now say that's actually criminal and so the self-incrimination clause applies and the Sixth Amendment applies and all that stuff?

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Justice Jackson.

And I'm Will Bode.

So, Dan, my colleagues asked me yesterday, when are we going to get the tariffs decision?

Yeah, but then you have to control for that.

So I think I think somebody said, when do you think we're in a terror position?

So I said tomorrow, because that was my best guess.

Really?

Well, the longer it takes, the more I think that.

I thought when they granted it, scheduled it for relatively rapid argument, and from the nature of the arguments, that they were going to want to get it decided quickly.

And I understand.

I was with the people who thought it might well have been the decision last Friday when we got the one argument.

5-4 second successive venture thing that we should do at some point.

So then I thought, okay, maybe they were going to get it ready then, but now, you know, Justice Kagan is tweaking her occurrence or whatever.