Will Bode
๐ค SpeakerAppearances Over Time
Podcast Appearances
out of the Seventh Circuit dealing with, it's like a parents' rights challenge on the other side of Scrimeti, where parents are upset that the school district has a policy of essentially not telling the parents if their children is transitioning.
out of the Seventh Circuit dealing with, it's like a parents' rights challenge on the other side of Scrimeti, where parents are upset that the school district has a policy of essentially not telling the parents if their children is transitioning.
Um, then that violates their rights, but it raises a kind of tough standing problem because the parents, you know, the plaintiffs in the case can't don't know, you know, can't say, Oh, we have, we have a child who's transitioning. His information is being kept from us. And so at least on one theory, the Supreme court's decision and Clapper versus amnesty international, um,
Um, then that violates their rights, but it raises a kind of tough standing problem because the parents, you know, the plaintiffs in the case can't don't know, you know, can't say, Oh, we have, we have a child who's transitioning. His information is being kept from us. And so at least on one theory, the Supreme court's decision and Clapper versus amnesty international, um,
It helps show why there's no standing here.
It helps show why there's no standing here.
That was a 5-4 decision where just as a leader with the majority of the court were people who said they were being subjected to warrantless wiretapping, didn't have standing because they couldn't prove they were being subjected to warrantless wiretapping, even though the sort of nature of the program was that it was secret and they wouldn't know if they were being subjected to warrantless wiretapping.
That was a 5-4 decision where just as a leader with the majority of the court were people who said they were being subjected to warrantless wiretapping, didn't have standing because they couldn't prove they were being subjected to warrantless wiretapping, even though the sort of nature of the program was that it was secret and they wouldn't know if they were being subjected to warrantless wiretapping.
And Justice Alito said, too bad, so sad. What's interesting is Justice Alito wrote a dissent for the denial of cert, complaining about how people are too skeptical of standing and how lower courts are leaning too hard into Clapper versus Amnesty International.
And Justice Alito said, too bad, so sad. What's interesting is Justice Alito wrote a dissent for the denial of cert, complaining about how people are too skeptical of standing and how lower courts are leaning too hard into Clapper versus Amnesty International.
What I like is this just crystallizes something that I think we've observed in the past couple terms, which is something of a ideological realignment about standing. When we were in law school, and even when we were clerking, the well-known battle lines were that liberals wanted everybody to have standing, and conservatives used standing to get rid of cases.
What I like is this just crystallizes something that I think we've observed in the past couple terms, which is something of a ideological realignment about standing. When we were in law school, and even when we were clerking, the well-known battle lines were that liberals wanted everybody to have standing, and conservatives used standing to get rid of cases.
And that was either good or bad, and people debated how much that was in good faith, but that was the well-known battle lines. And I still sort of have that reflexive intuition, but outside of the TransUnion Spokio cases about consumer protection statutes, it's really not clear that's the dynamic anymore.
And that was either good or bad, and people debated how much that was in good faith, but that was the well-known battle lines. And I still sort of have that reflexive intuition, but outside of the TransUnion Spokio cases about consumer protection statutes, it's really not clear that's the dynamic anymore.
Like over and over again, whether it's student loans or the first amendment job owning case or Mifepristone, or just the criticisms of 303 Creative, like over and over again, It seems like now standing has become more of the liberal position to get rid of cases. At least some conservatives want to open up standing.
Like over and over again, whether it's student loans or the first amendment job owning case or Mifepristone, or just the criticisms of 303 Creative, like over and over again, It seems like now standing has become more of the liberal position to get rid of cases. At least some conservatives want to open up standing.
And sometimes explicitly, a kind of like, well, liberals did this for a long time, and so it's only fair that we get to do it now kind of argument. There were some Fifth Circuit judges who said things like that in some of these cases. And I just think that's an important and interesting development.
And sometimes explicitly, a kind of like, well, liberals did this for a long time, and so it's only fair that we get to do it now kind of argument. There were some Fifth Circuit judges who said things like that in some of these cases. And I just think that's an important and interesting development.
Yeah, you might have had that intuition. You might be a principled person who also had that intuition about Clapper.
Yeah, you might have had that intuition. You might be a principled person who also had that intuition about Clapper.