Will Bode
๐ค SpeakerAppearances Over Time
Podcast Appearances
That's not crazy. I mean, it also wouldn't be crazy to set up for argument for the first day in October, you know.
That's not crazy. I mean, it also wouldn't be crazy to set up for argument for the first day in October, you know.
Right. If they have enough justices who don't believe in universal nationwide relief, so if the order will be in effect for all births โ because the order is for all births 30 days from the order, so mid-February, then I might feel some pressure because there are going to be kids born here who do or don't get birth certificates while they're waiting around to decide it.
Right. If they have enough justices who don't believe in universal nationwide relief, so if the order will be in effect for all births โ because the order is for all births 30 days from the order, so mid-February, then I might feel some pressure because there are going to be kids born here who do or don't get birth certificates while they're waiting around to decide it.
Well, the Trump administration has told everybody that the law is unenforceable and that they cannot have any penalties or damages for violating the law for the next โ 200-something days. The administration has no authority to do this, but under the, there's a kind of great bootstraps.
Well, the Trump administration has told everybody that the law is unenforceable and that they cannot have any penalties or damages for violating the law for the next โ 200-something days. The administration has no authority to do this, but under the, there's a kind of great bootstraps.
Well, and under the rules of estoppel, because the administration has told everybody it does have the authority to do this, they probably are allowed to reasonably rely on it.
Well, and under the rules of estoppel, because the administration has told everybody it does have the authority to do this, they probably are allowed to reasonably rely on it.
So probably, you know, as long as you don't look too closely at it, you probably can't be punished for violating an unlawful order that says you can't be punished for violating it because it's just sufficiently confusing enough whether they can do that So it might work. I got confused by all the double negatives.
So probably, you know, as long as you don't look too closely at it, you probably can't be punished for violating an unlawful order that says you can't be punished for violating it because it's just sufficiently confusing enough whether they can do that So it might work. I got confused by all the double negatives.
I tried to do this a couple years ago and I was thinking about officiating a wedding in a context where I might not have the authority to officiate the wedding. Is that a crime? Probably not.
I tried to do this a couple years ago and I was thinking about officiating a wedding in a context where I might not have the authority to officiate the wedding. Is that a crime? Probably not.
But the rule in many states is that as long as the couple reasonably relies on the representation of the officiant that they do have the authority, then the marriage is still valid. So I was like, I can officiate the wedding. And they were like, well, is that allowed? I was like, please don't ask that. Okay. I could officiate the wedding. Anyway, they found somebody else.
But the rule in many states is that as long as the couple reasonably relies on the representation of the officiant that they do have the authority, then the marriage is still valid. So I was like, I can officiate the wedding. And they were like, well, is that allowed? I was like, please don't ask that. Okay. I could officiate the wedding. Anyway, they found somebody else.
There is a consent decree in the state of Illinois for the Society of Secular Humanists that allows them to officiate weddings.
There is a consent decree in the state of Illinois for the Society of Secular Humanists that allows them to officiate weddings.
Right. And in some places, including the Seventh Circuit, have held that to violate the establishment clause to discriminate against different types of officiants or different secular and non-secular officiants. I don't necessarily think that decision is correct. So I didn't want to make a free exercise argument I thought was wrong.
Right. And in some places, including the Seventh Circuit, have held that to violate the establishment clause to discriminate against different types of officiants or different secular and non-secular officiants. I don't necessarily think that decision is correct. So I didn't want to make a free exercise argument I thought was wrong.
But you can pay the organization enough money that then you become a member and then you buy your way into their judgment because they have a consent decree. And if I become a member of the organization, I get their consent decree. So why didn't you do that? That was my backup plan. But when I tried to explain that, that sounded kind of fishy. So I was like, don't worry about it. Just rely on it.
But you can pay the organization enough money that then you become a member and then you buy your way into their judgment because they have a consent decree. And if I become a member of the organization, I get their consent decree. So why didn't you do that? That was my backup plan. But when I tried to explain that, that sounded kind of fishy. So I was like, don't worry about it. Just rely on it.