Will Bode

Yeah, you had lawyers who had reason to believe they were having communications with people who was plausible were being sued. surveilled, and indeed were taking costly precautions to try to avoid surveillance. Yeah. Do you think that case was rightly decided? I guess I should have a strong view about that. I thought it was at the margins. It was plausible, but a little bit of a reach.

Yeah, you had lawyers who had reason to believe they were having communications with people who was plausible were being sued. surveilled, and indeed were taking costly precautions to try to avoid surveillance. Yeah. Do you think that case was rightly decided? I guess I should have a strong view about that. I thought it was at the margins. It was plausible, but a little bit of a reach.

And like all these cases, if you get into the facts, there were a few things about the allegations that were a little bit, you kind of wish they were pleaded a little better, but then the court decides it in a slightly more categorical way. Actually, both these cases maybe have a little bit more of a ripeness flavor, too, in some ways. It feels like we just don't know yet if this is right.

And like all these cases, if you get into the facts, there were a few things about the allegations that were a little bit, you kind of wish they were pleaded a little better, but then the court decides it in a slightly more categorical way. Actually, both these cases maybe have a little bit more of a ripeness flavor, too, in some ways. It feels like we just don't know yet if this is right.

But of course, the court has now collapsed ripeness into standing. It has now said it's basically the same inquiry as standing. So we've lost the ability to say it's too soon.

But of course, the court has now collapsed ripeness into standing. It has now said it's basically the same inquiry as standing. So we've lost the ability to say it's too soon.

I've never run for office. Don't plan to. Yeah. strategically, it's interesting to see a sort of substantive due process parents' rights claims on the other side. Now, Scrimeti is being litigated mostly as an equal protection case rather than a parents' rights case. But it's interesting to see parents' rights claims being made on kind of different sides of the culture wars.

I've never run for office. Don't plan to. Yeah. strategically, it's interesting to see a sort of substantive due process parents' rights claims on the other side. Now, Scrimeti is being litigated mostly as an equal protection case rather than a parents' rights case. But it's interesting to see parents' rights claims being made on kind of different sides of the culture wars.

But similarly, a substantive due process right to have people not keep secrets from you, which is sort of what they're bringing here, just does seem like a reach to me on the merits. If you frame it that way, I think it's- I didn't. My understanding is lots of kids keep secrets from their parents.

But similarly, a substantive due process right to have people not keep secrets from you, which is sort of what they're bringing here, just does seem like a reach to me on the merits. If you frame it that way, I think it's- I didn't. My understanding is lots of kids keep secrets from their parents.

Sure. But even the counterparty to the secret.

Sure. But even the counterparty to the secret.

I guess the Supreme Court has said there's a substantive due process right not to have grandparents visit your child, court-ordered grandparent visitation of your children if you object to it. But those are at least things where, I mean, I get how you can get there.

I guess the Supreme Court has said there's a substantive due process right not to have grandparents visit your child, court-ordered grandparent visitation of your children if you object to it. But those are at least things where, I mean, I get how you can get there.

It just seems like the right to have the government provide information to you about your own children that your children are keeping from you, just, it seems like.

It just seems like the right to have the government provide information to you about your own children that your children are keeping from you, just, it seems like.

Well, I take it the government is not stopping you from getting the information for your children if they're willing to give it to you. It's not like requiring the children to keep it.

Well, I take it the government is not stopping you from getting the information for your children if they're willing to give it to you. It's not like requiring the children to keep it.

But I take it the state action would be the same. If your child's teacher decided to keep a secret from you, they're a state actor too. So wouldn't it be the same claim?

But I take it the state action would be the same. If your child's teacher decided to keep a secret from you, they're a state actor too. So wouldn't it be the same claim?