Will Baude

That, I mean, that we got rid of general law, right?

This idea that judges were just kind of applying this set of principles that wasn't necessarily derived from any one sovereign.

We got rid of that for a reason, right?

It was not working well in the 19th century.

And then having gotten rid of it, we've completely reoriented, you know, kind of the

You know, system of constitutional law, civil procedure, federal courts, doctrines over and over, you know, they've all been regrounded in a totally different source.

And if we actually got rid of Erie, the Erie Doctrine, which I think maybe you're excited about getting rid of, it would just create this...

Incredible mass.

Like you think of things like Bivens.

And not clearly putting it in a box the way they're supposed to now?

I do enjoy the good news that the general law... Well, maybe it does suggest there's a little bit of jeopardy to those doctrines that you dislike.

I could see that in like kind of a Justice Thomas concurrence in the judgment.

And then is it Justice Thomas is the most likely?

Or Gorsuch.

Yeah.

One of those two.

I mean, maybe Justice Thomas is, you know, two of the prior generation, right?

As the article points out several times, I mean, Justice Scalia was a big Erie defender.

Yes.

Right?