Will Bode

There are some justices who think, just as Thomas has said this, as Gorsuch has implied this, sort of it's wrong for them to rely on precedents that they think are wrong. They have a duty to overturn precedents that are erroneous. I think there's a critical mass of justices who think it's never wrong to follow precedent.

There are some justices who think, just as Thomas has said this, as Gorsuch has implied this, sort of it's wrong for them to rely on precedents that they think are wrong. They have a duty to overturn precedents that are erroneous. I think there's a critical mass of justices who think it's never wrong to follow precedent.

Like it might always be – you might always be allowed to overturn the precedent if you want to, but it's never blameworthy to follow precedent. And so it's easy to imagine Justice Kavanaugh and Justice Barrett and Justice Roberts all saying we have no interest in overturning Obergefell or Griswold. And I think they have no interest in overturning Obergefell or Griswold.

Like it might always be – you might always be allowed to overturn the precedent if you want to, but it's never blameworthy to follow precedent. And so it's easy to imagine Justice Kavanaugh and Justice Barrett and Justice Roberts all saying we have no interest in overturning Obergefell or Griswold. And I think they have no interest in overturning Obergefell or Griswold.

And so because we have no interest in overturning it, we won't. That's maybe a thin – Sometimes I say this and people then accuse me of being a Pollyanna and like trying to reassure you everything's fine. You know, that's a sort of thin reed in some sense to say it's up to the justices. And it's just a question of whether they want to.

And so because we have no interest in overturning it, we won't. That's maybe a thin – Sometimes I say this and people then accuse me of being a Pollyanna and like trying to reassure you everything's fine. You know, that's a sort of thin reed in some sense to say it's up to the justices. And it's just a question of whether they want to.

Yeah, but there's enough of those hot button social issues that are not squarely resolved by precedent that that'll keep them busy without needing to open up new vistas.

Yeah, but there's enough of those hot button social issues that are not squarely resolved by precedent that that'll keep them busy without needing to open up new vistas.

Yeah, we don't usually do timely takes, so this is going to be a new experiment for us. Yeah, I don't know if it makes up for the, what was it, like a two-month delay?

Yeah, we don't usually do timely takes, so this is going to be a new experiment for us. Yeah, I don't know if it makes up for the, what was it, like a two-month delay?

Yeah, when you come for the live show, I'll figure out where I should take you. In my defense, Justice Alito knows who the leaker is. Justice Alito thinks he knows who the leaker is. If in the next week or two he wanted to come on the show and tell us, I feel like that might turn around.

Yeah, when you come for the live show, I'll figure out where I should take you. In my defense, Justice Alito knows who the leaker is. Justice Alito thinks he knows who the leaker is. If in the next week or two he wanted to come on the show and tell us, I feel like that might turn around.

I find these days, one of the things that's popular to say when you say something that's wrong, is to then argue that you were, quote, directionally correct. I like that. Somebody, a listener who tried to rehabilitate Judge Jones's comments that we talked about in the last episode.

I find these days, one of the things that's popular to say when you say something that's wrong, is to then argue that you were, quote, directionally correct. I like that. Somebody, a listener who tried to rehabilitate Judge Jones's comments that we talked about in the last episode.

Well, I agree with you that she wasn't right, but she was directionally correct, meaning she was against you and Steve. So that was good. I'd like to say I might be directionally correct on this. We might find out someday. I was not correct on my actual prediction that we would find out within two years.

Well, I agree with you that she wasn't right, but she was directionally correct, meaning she was against you and Steve. So that was good. I'd like to say I might be directionally correct on this. We might find out someday. I was not correct on my actual prediction that we would find out within two years.

Well, are we going to learn more about this over time or are we going to learn less over time?

Well, are we going to learn more about this over time or are we going to learn less over time?

Or they could write the tell-all book. It could be Confessions of a Supreme Court Leaker, and then it could talk about all the things they saw that were terrible.

Or they could write the tell-all book. It could be Confessions of a Supreme Court Leaker, and then it could talk about all the things they saw that were terrible.