Will Bode
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Podcast Appearances
v. Windsor, where the court did something similar without an administration change, the SG's office showed up, said, we want to lose. And because there were still going to be concrete stakes from the judgment and because there were other parties on the other side who'd argued the case, the court was like, well, we can still decide this.
v. Windsor, where the court did something similar without an administration change, the SG's office showed up, said, we want to lose. And because there were still going to be concrete stakes from the judgment and because there were other parties on the other side who'd argued the case, the court was like, well, we can still decide this.
Now, that was wrong and just as Clay dissented, but still, there'd be precedent.
Now, that was wrong and just as Clay dissented, but still, there'd be precedent.
Yeah, and I was trying to figure this out. Under the Supreme Court rules, under Supreme Court rule, I think, 46, a party can withdraw their petition with the consent of all parties. But if Tennessee says, no, we'd like to win, we don't want this petition dismissed. We want you to rule in our favor. And then, yeah, maybe there's some different rule. Maybe there's some way.
Yeah, and I was trying to figure this out. Under the Supreme Court rules, under Supreme Court rule, I think, 46, a party can withdraw their petition with the consent of all parties. But if Tennessee says, no, we'd like to win, we don't want this petition dismissed. We want you to rule in our favor. And then, yeah, maybe there's some different rule. Maybe there's some way.
Yes. I mean, yeah, I get the similarity, although it doesn't have the text to work with.
Yes. I mean, yeah, I get the similarity, although it doesn't have the text to work with.
Yeah. I think there is very little probability of just the Scorsese endorsing the challengers arguments.
Yeah. I think there is very little probability of just the Scorsese endorsing the challengers arguments.
I don't know. I mean, yeah, I'd have to, I've read that. I've read that when just a Scorsese doesn't talk, that usually means he's going to be up for the government. I don't know if that's true. I have the vague memory that he didn't talk much in Bostock. Maybe I'm wrong about that. If I'm right about that, that would, you know, might be good for the challengers.
I don't know. I mean, yeah, I'd have to, I've read that. I've read that when just a Scorsese doesn't talk, that usually means he's going to be up for the government. I don't know if that's true. I have the vague memory that he didn't talk much in Bostock. Maybe I'm wrong about that. If I'm right about that, that would, you know, might be good for the challengers.
It could just be he knows that it'll be that everybody's looking at him and how he's going to square this with postdoc. And so didn't want to just speak off the cuff about that and wanted to really, you know, work it out.
It could just be he knows that it'll be that everybody's looking at him and how he's going to square this with postdoc. And so didn't want to just speak off the cuff about that and wanted to really, you know, work it out.
All right. Great. You don't regret telling me I'm wrong on the air.
All right. Great. You don't regret telling me I'm wrong on the air.