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Will Bode

๐Ÿ‘ค Speaker
1204 total appearances

Appearances Over Time

Podcast Appearances

Divided Argument
Natural Side Effect

Yeah. So six to say they got it wrong, five to say they got it wrong and let's just fix it.

Divided Argument
Natural Side Effect

Yeah. So six to say they got it wrong, five to say they got it wrong and let's just fix it.

Divided Argument
Natural Side Effect

And two in full dissent. So the full dissent by Justice Thomas, joined by Justice Alito. Justice Barrett is the one sort of in the middle. She joins the majority on jurisdiction- She joins them in agreeing that there was error below, but then doesn't go along with the remedy and would have just remanded.

Divided Argument
Natural Side Effect

And two in full dissent. So the full dissent by Justice Thomas, joined by Justice Alito. Justice Barrett is the one sort of in the middle. She joins the majority on jurisdiction- She joins them in agreeing that there was error below, but then doesn't go along with the remedy and would have just remanded.

Divided Argument
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And so majority opinion by Justice Sotomayor joined in full by the Chief, Kagan, Kavanaugh, and Jackson.

Divided Argument
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And so majority opinion by Justice Sotomayor joined in full by the Chief, Kagan, Kavanaugh, and Jackson.

Divided Argument
Natural Side Effect

Yeah. Yeah. Okay. So yeah, a lot going on here, enough going on that we might never get to that second case, but who knows? You haven't told them what the second case would be.

Divided Argument
Natural Side Effect

Yeah. Yeah. Okay. So yeah, a lot going on here, enough going on that we might never get to that second case, but who knows? You haven't told them what the second case would be.

Divided Argument
Natural Side Effect

But it's smack in the middle of a discussion of these procedural limits, right? There's procedural limits on these kinds of successive petitions for relief filed in Oklahoma court.

Divided Argument
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But it's smack in the middle of a discussion of these procedural limits, right? There's procedural limits on these kinds of successive petitions for relief filed in Oklahoma court.

Divided Argument
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I find it quite ambiguous. It could be saying it's not based in state law, in fact. Right. Or it's not based in federal law, in fact.

Divided Argument
Natural Side Effect

I find it quite ambiguous. It could be saying it's not based in state law, in fact. Right. Or it's not based in federal law, in fact.

Divided Argument
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Yeah. I mean, but the question is, but the question is the law. Does the law mean federal law or state law? Right.

Divided Argument
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Yeah. I mean, but the question is, but the question is the law. Does the law mean federal law or state law? Right.

Divided Argument
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Well, I mean, but maybe that maybe the Oklahoma Court of Criminal Appeals disagrees and thinks that, you know, thinks that these are circumstances where under state law, the attorney general is not supposed to confess error. Oh, yeah. Yeah. I mean, I just don't know. I mean, it's it's really not well written.

Divided Argument
Natural Side Effect

Well, I mean, but maybe that maybe the Oklahoma Court of Criminal Appeals disagrees and thinks that, you know, thinks that these are circumstances where under state law, the attorney general is not supposed to confess error. Oh, yeah. Yeah. I mean, I just don't know. I mean, it's it's really not well written.

Divided Argument
Natural Side Effect

And the classic example of that is a case where, you know, they're The court is relying on a state constitutional guarantee and federal constitutional law, and it's not really clear which one it rests on, right? That's a simpler situation.

Divided Argument
Natural Side Effect

And the classic example of that is a case where, you know, they're The court is relying on a state constitutional guarantee and federal constitutional law, and it's not really clear which one it rests on, right? That's a simpler situation.