Will Baude

But everybody litigated... Everybody seems to have ignored that other than Justice Kagan, who's like...

smartest person to get to this case, I guess.

And so we'll just pretend it's not true.

Maybe he didn't want to die.

I'm against that.

I don't understand that claim at all.

We just learned in CASA, when the courts struck down universal injunctions, that decisions are party-specific.

Right.

And the fact that person A wins against somebody doesn't necessarily mean that person B wins against somebody.

I mean, yeah, I guess you could say, now look, Professor Bode, if you wanted the party-specific principle, that was the principle of res judicata that Heck thought was not good enough.

The whole point of Heck was to invent some new, broad principle of preclusion that wasn't the party-specific principle of res judicata.

So whatever that made-up principle... But now we're just, like, making up limitations on a made-up principle.

I don't even know what kind of law that is.

If she had represented the plaintiff before, then he would have had to recuse.

Because now he would have a conflict of interest.

But if you do it in the opposite order, so he rules in the case first, and then she represents the plaintiff after, then it's okay.

Not obviously a conflict.

I mean, what if it went the other way, though?

Well, I think it might be a waivable – there might be a sort of waivable conflict for the plaintiffs because you can imagine that even though Judge Ho dissented in their favor, that then when Alison Ho comes and says, you know, I want to represent you, it's going to become some questionable positions to take in the Supreme Court.

And you can imagine that she would feel less comfortable than some advocates.