Will Bode

Yeah. Yeah.

Yeah. Yeah.

Right. I mean, I guess you could think of digs. Let me try my typology. I think there are three categories of digs. Your fault, our fault, nobody's fault. So some digs are... And the court, these might not be uncontested. The court sometimes has digs that are clearly of the form. you sold us this repetition on premise X and now you get here and premise X is false. Yeah. And we're mad at you.

Right. I mean, I guess you could think of digs. Let me try my typology. I think there are three categories of digs. Your fault, our fault, nobody's fault. So some digs are... And the court, these might not be uncontested. The court sometimes has digs that are clearly of the form. you sold us this repetition on premise X and now you get here and premise X is false. Yeah. And we're mad at you.

And it's had some times when that's, you know, more explicit rather than less. And maybe that, so they feel about Neil Kachal or whatever. It's sometimes you can sell the court on granting a case when you make it sound not at all fact bound by taking an aggressive legal position. Then you get to the court and you realize your aggressive legal position is kind of hard to defend.

And it's had some times when that's, you know, more explicit rather than less. And maybe that, so they feel about Neil Kachal or whatever. It's sometimes you can sell the court on granting a case when you make it sound not at all fact bound by taking an aggressive legal position. Then you get to the court and you realize your aggressive legal position is kind of hard to defend.

But on the facts, you're in a pretty good case. So you want to go to retreat. And I mean, that actually happens lots of the time. But sometimes you might pull that switch. Sometimes you get away with it, right? Yeah. Yeah, absolutely. But sometimes you don't. Then there's our fault, which is like, we took this case, but actually it's really hard. We don't know what to do.

But on the facts, you're in a pretty good case. So you want to go to retreat. And I mean, that actually happens lots of the time. But sometimes you might pull that switch. Sometimes you get away with it, right? Yeah. Yeah, absolutely. But sometimes you don't. Then there's our fault, which is like, we took this case, but actually it's really hard. We don't know what to do.

And like First America Financial versus Edwards might be a classic our fault dig. We just don't have it. We don't like it. Whatever. And then there are some where there's just a development that in some cases might moot a case or like the abortion digs last term, Moyle and Idaho, the ones about Amtala.

And like First America Financial versus Edwards might be a classic our fault dig. We just don't have it. We don't like it. Whatever. And then there are some where there's just a development that in some cases might moot a case or like the abortion digs last term, Moyle and Idaho, the ones about Amtala.

At least the court tried to sell those as a mix of your fault digs because the party's positions changed and nobody's fault digs because the state court, there've been other legal developments that have changed, even though it might really have been in our fault dig.

At least the court tried to sell those as a mix of your fault digs because the party's positions changed and nobody's fault digs because the state court, there've been other legal developments that have changed, even though it might really have been in our fault dig.

You need an adverb. Dismissed as retrospectively improvidently granted. Dismissed in hindsight. Yeah, I mean, I guess the improvidence also, well, yeah. I don't think anybody takes the adverb that seriously, but I think you're right.

You need an adverb. Dismissed as retrospectively improvidently granted. Dismissed in hindsight. Yeah, I mean, I guess the improvidence also, well, yeah. I don't think anybody takes the adverb that seriously, but I think you're right.

sure no maybe the improvidence is failing to anticipate that this kind of thing might happen you know we thought the issues were teed up and now the developments cause us to realize what we cause us to realize what we should have realized all along or something but I mean, same thing. Well, a lot of these are really subsequent developments.

sure no maybe the improvidence is failing to anticipate that this kind of thing might happen you know we thought the issues were teed up and now the developments cause us to realize what we cause us to realize what we should have realized all along or something but I mean, same thing. Well, a lot of these are really subsequent developments.

Like if the petition was good and then the parties just changed their position, it's not that the court was improvident in granting it. It's just the parties have tried to get away with something. Yeah.

Like if the petition was good and then the parties just changed their position, it's not that the court was improvident in granting it. It's just the parties have tried to get away with something. Yeah.

Uh, several, I mean, so like some of the recent, like, yeah. Yeah. So moving on from digs, sorry. Yeah. So in the December orders list, there were a couple of cases that, that triggered my, my academic interests. One was parents protecting our children versus Eau Claire area school district. Um, there are several different school cases that got me going. This is a, uh,

Uh, several, I mean, so like some of the recent, like, yeah. Yeah. So moving on from digs, sorry. Yeah. So in the December orders list, there were a couple of cases that, that triggered my, my academic interests. One was parents protecting our children versus Eau Claire area school district. Um, there are several different school cases that got me going. This is a, uh,