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Will Baude

๐Ÿ‘ค Speaker
1738 total appearances

Appearances Over Time

Podcast Appearances

Divided Argument
The Marshal and the Margarine

I mean, this raises a kind of strategic question for me, which is, you know, on the one hand, so everyone has, you know, people have

Divided Argument
The Marshal and the Margarine

who have been trying to respond to the criticism of the court that it's in Trump's pocket, they sort of say, well, the SG's office has done a good job of picking winners and getting them to the court.

Divided Argument
The Marshal and the Margarine

And that may be true.

Divided Argument
The Marshal and the Margarine

But, you know, what are the incentives?

Divided Argument
The Marshal and the Margarine

I mean, I guess I would sort of think if you're the SG's office representative,

Divided Argument
The Marshal and the Margarine

shouldn't the incentive be to bring everything, to bring everything and even the outrageous stuff and on the assumption that the court is not going to rule against you and everything.

Divided Argument
The Marshal and the Margarine

And the more you push the envelope, the more likely it is that you win on the kind of medium stuff.

Divided Argument
The Marshal and the Margarine

Whereas if you just bring the medium stuff in the kind of slam dunk cases, you know, maybe the court splits the difference in a different spot.

Divided Argument
The Marshal and the Margarine

Does that make sense?

Divided Argument
The Marshal and the Margarine

It does, but I think it's not at all clear.

Divided Argument
The Marshal and the Margarine

Yeah, that's true.

Divided Argument
The Marshal and the Margarine

Although, I mean, I think if the administration takes 20 really, really aggressive legal positions as a matter of just kind of realism, you might think the Supreme Court is not going to feel comfortable saying that the administration is wrong 20 times.

Divided Argument
The Marshal and the Margarine

You might.

Divided Argument
The Marshal and the Margarine

So it's very confusing.

Divided Argument
The Marshal and the Margarine

Yeah, to the extent that it said stuff.

Divided Argument
The Marshal and the Margarine

It does, you know, for its length, which is, you know, two and two-thirds pages, it actually does say a fair bit in terms of the law.

Divided Argument
The Marshal and the Margarine

This is a meteor...