Will Baude

We'll think about it.

That makes sense to me, right?

And maybe you might have different rules for the Supreme Court than for lower courts.

And you might have different rules for cases that you think are immensely consequential, you know, and where the court is going to resolve the issue for everybody versus a case that just really affects the parties.

Yeah, like in the case Clark versus Sweeney, like if the Fourth Circuit had said, well, you know, we're just going to get rid of this conviction because it's clear that the trial court judge just like entered a judgment of conviction without a jury.

Right.

Something egregiously unconstitutional.

Right.

And the fact that the habeas petitioner didn't have great lawyering, you know.

should still give us the ability to correct that.

Yeah, maybe that doesn't get granted and reversed by the court.

That's my guess.

Yeah.

But Gorsuch stays at what you described as level one and Kavanaugh goes to level two.

Yes.

And the majority goes to level three.

And the majority goes to level four.

Yeah.

And level five would be the underlying constitutional question?

Or level five would be the Insurrection Act, I think, and then level six is going to like, I don't know.