Will Bode

Yeah. And some people are against that kind of thing. I'm not against that kind of thing. Why is there no federal claim here?

Yeah. And some people are against that kind of thing. I'm not against that kind of thing. Why is there no federal claim here?

Yeah, okay. That makes sense. At first, I thought she was maybe disavowing the idea of a freestanding actual innocence claim, which would be surprising. Yeah, I don't think so. I guess he could now bring an IAC claim for his lawyer's failure to bring an actual innocence claim. No, he couldn't.

Yeah, okay. That makes sense. At first, I thought she was maybe disavowing the idea of a freestanding actual innocence claim, which would be surprising. Yeah, I don't think so. I guess he could now bring an IAC claim for his lawyer's failure to bring an actual innocence claim. No, he couldn't.

I feel like if you wanted to actually get executive reprieve... I feel like this would have been a much stronger dissent if she could have found another member of the court to join in with her on it. If you imagine... If she had Justice Jackson, that would have... Or Justice Gorsuch. I was thinking Justice Gorsuch. Yeah. One of the other more liberal members of the court.

I feel like if you wanted to actually get executive reprieve... I feel like this would have been a much stronger dissent if she could have found another member of the court to join in with her on it. If you imagine... If she had Justice Jackson, that would have... Or Justice Gorsuch. I was thinking Justice Gorsuch. Yeah. One of the other more liberal members of the court.

Who could say, look, I agree there's no claim here, but it seems to us something has gone awry here. But maybe he doesn't agree, or maybe he just doesn't think it's his place to tell the governor of Texas what to do.

Who could say, look, I agree there's no claim here, but it seems to us something has gone awry here. But maybe he doesn't agree, or maybe he just doesn't think it's his place to tell the governor of Texas what to do.

Although this is a perfectly interesting case about the application of students for fair admissions to selective high school admissions.

Although this is a perfectly interesting case about the application of students for fair admissions to selective high school admissions.

Yes. The other case I was going to flag was Wilson versus Hawaii, which is this criminal prosecution out of Hawaii for somebody who was carrying an unlicensed firearm in Hawaii. And the Justice Thomas, Justice Alito, and Justice Gorsuch all write separately, respecting the denial of certiorari.

Yes. The other case I was going to flag was Wilson versus Hawaii, which is this criminal prosecution out of Hawaii for somebody who was carrying an unlicensed firearm in Hawaii. And the Justice Thomas, Justice Alito, and Justice Gorsuch all write separately, respecting the denial of certiorari.

It addresses this kind of really interesting question about how to actually think about Bruin claims that arise, the procedures of Bruin claims arising in the context of criminal prosecution. Like Hawaii's licensing regime is like New York's in that almost nobody could get a license, but the defendant didn't try and fail to get a license. So does that, you know, he brought his own claim.

It addresses this kind of really interesting question about how to actually think about Bruin claims that arise, the procedures of Bruin claims arising in the context of criminal prosecution. Like Hawaii's licensing regime is like New York's in that almost nobody could get a license, but the defendant didn't try and fail to get a license. So does that, you know, he brought his own claim.

We would think about that in terms of exhaustion, I think. And we'd either say he needs to exhaust or doesn't need to exhaust because it's futile, but in a criminal prosecution, like how do we think about it? Which is, I think a very interesting question.

We would think about that in terms of exhaustion, I think. And we'd either say he needs to exhaust or doesn't need to exhaust because it's futile, but in a criminal prosecution, like how do we think about it? Which is, I think a very interesting question.

I am working on an article on this with my Second Amendment co-author, Robert Leiter, and we're inclined to say actually that a lot of the current assumptions about facial challenges and things like that that we correctly apply in the civil litigation probably don't apply to criminal litigation, which is potentially irrelevant to- So which way does that cut?

I am working on an article on this with my Second Amendment co-author, Robert Leiter, and we're inclined to say actually that a lot of the current assumptions about facial challenges and things like that that we correctly apply in the civil litigation probably don't apply to criminal litigation, which is potentially irrelevant to- So which way does that cut?

You should be able to make these claims. I'm not sure it matters for Wilson's case specifically, although I need to see more about it. But in general, when the defendant is trying to dismiss the prosecution against them, they shouldn't have the same burden of showing that the statute is unconstitutional as applied to everybody.

You should be able to make these claims. I'm not sure it matters for Wilson's case specifically, although I need to see more about it. But in general, when the defendant is trying to dismiss the prosecution against them, they shouldn't have the same burden of showing that the statute is unconstitutional as applied to everybody.