Will Bode
👤 SpeakerAppearances Over Time
Podcast Appearances
Yeah. And would you say when he does that, is it more often than not actually a helpful question where he's trying to solve the advocate's position or a gotcha where he's trying to- I think it's helpful.
Yeah. And would you say when he does that, is it more often than not actually a helpful question where he's trying to solve the advocate's position or a gotcha where he's trying to- I think it's helpful.
Yeah. Maybe at that point, if you're the court, you start to worry about whether the case is moot. But then you've got the other challengers as well. Yeah. It's complicated. I mean, would you re-argue it and let those folks get argument time? I don't think so.
Yeah. Maybe at that point, if you're the court, you start to worry about whether the case is moot. But then you've got the other challengers as well. Yeah. It's complicated. I mean, would you re-argue it and let those folks get argument time? I don't think so.
It was doing pretty well in some of the lower courts before the Sixth Circuit came along, right?
It was doing pretty well in some of the lower courts before the Sixth Circuit came along, right?
Yeah, they have the two digs from my term. Yep, that's interesting. I wonder if it's a good study of these. It'd be fun. You know, so the delay makes me think, right? Sometimes there's a consensus dig case, and sometimes, you know... Some people want to dig a case and some people still think they can save the case. And so sometimes you wonder if the delay is like, can we put together a theory?
Yeah, they have the two digs from my term. Yep, that's interesting. I wonder if it's a good study of these. It'd be fun. You know, so the delay makes me think, right? Sometimes there's a consensus dig case, and sometimes, you know... Some people want to dig a case and some people still think they can save the case. And so sometimes you wonder if the delay is like, can we put together a theory?
That seems unlikely. I mean, I guess. If you look at the list, there's a case from the term I clerked, Philip Morris, USA versus Williams, that it took like four months to dig. It was argued December 3rd.
That seems unlikely. I mean, I guess. If you look at the list, there's a case from the term I clerked, Philip Morris, USA versus Williams, that it took like four months to dig. It was argued December 3rd.
Yeah. Or another, there was a no dissent dig, First American Financial Corporation versus Edwards, which is one of these Article III standing cases about when a statute that gives you a cause of action supports standing, like Spokio and TransUnion. Oh, yeah. It was like the same issue before Spokio and TransUnion had been decided. Argued November 28th, digged six months later. Oh, my gosh.
Yeah. Or another, there was a no dissent dig, First American Financial Corporation versus Edwards, which is one of these Article III standing cases about when a statute that gives you a cause of action supports standing, like Spokio and TransUnion. Oh, yeah. It was like the same issue before Spokio and TransUnion had been decided. Argued November 28th, digged six months later. Oh, my gosh.
Seven months later, June 28th. Now, it was the same term that the Affordable Care Act case was decided. So one theory is just basically they... Well, I think the theory is the case proved harder than they thought. Like we now know just as Thomas has turns out to have the liberal position on those cases. And we may not know exactly like, was that, was that going on then? And you know, they're busy.
Seven months later, June 28th. Now, it was the same term that the Affordable Care Act case was decided. So one theory is just basically they... Well, I think the theory is the case proved harder than they thought. Like we now know just as Thomas has turns out to have the liberal position on those cases. And we may not know exactly like, was that, was that going on then? And you know, they're busy.