Will Bode

So the fact that the law in some other case would be out beyond Congress's powers doesn't mean that it's facially unconstitutional.

So the fact that the law in some other case would be out beyond Congress's powers doesn't mean that it's facially unconstitutional.

Well, but now imagine that the prosecution has indicted and proved that extra element. Yeah. If the statute had an extra clause that said, by the way, this statute can only be enforced if it's within Congress's enumerated powers, that would make it okay.

Well, but now imagine that the prosecution has indicted and proved that extra element. Yeah. If the statute had an extra clause that said, by the way, this statute can only be enforced if it's within Congress's enumerated powers, that would make it okay.

The government would have to prove the extra thing that it was within Congress's enumerated powers, but adding that sentence to the statute would make it okay.

The government would have to prove the extra thing that it was within Congress's enumerated powers, but adding that sentence to the statute would make it okay.

It's interesting. The question is, to some extent, can the Constitution make up the elements? Yeah. Now you see exactly why it gets kind of tricky. I don't know if I buy that, but maybe. Okay. Well, when I actually have this worked out, I will bring it back on the podcast for you to take a look at.

It's interesting. The question is, to some extent, can the Constitution make up the elements? Yeah. Now you see exactly why it gets kind of tricky. I don't know if I buy that, but maybe. Okay. Well, when I actually have this worked out, I will bring it back on the podcast for you to take a look at.

I have to go pick up kids and so forth. We did not talk about Biarfa versus Mayorkas, the one that has been in the court issued. That's okay? I didn't have a ton to say about that one. You were running out the clock and I could tell.

I have to go pick up kids and so forth. We did not talk about Biarfa versus Mayorkas, the one that has been in the court issued. That's okay? I didn't have a ton to say about that one. You were running out the clock and I could tell.

Yeah. Although the immigration system here, so many cases that I think the right question is not really about this case. The right question is about like, how do we want to allocate the resources of the many administrative law judges and courts of appeals judges who hear these cases? And that still doesn't mean this is the right way to allocate them.

Yeah. Although the immigration system here, so many cases that I think the right question is not really about this case. The right question is about like, how do we want to allocate the resources of the many administrative law judges and courts of appeals judges who hear these cases? And that still doesn't mean this is the right way to allocate them.

yeah i wanted this was a defensive unanimous opinion like there could have been broader grounds which was written if yeah we're not unanimous that's possible but we can save that for whenever we record again uh it will be sooner than i will say i i can predict you can predict it will be sooner than uh three months or whatever it was promises promises

yeah i wanted this was a defensive unanimous opinion like there could have been broader grounds which was written if yeah we're not unanimous that's possible but we can save that for whenever we record again uh it will be sooner than i will say i i can predict you can predict it will be sooner than uh three months or whatever it was promises promises

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Oh, you think I have to worry about that?

Oh, you think I have to worry about that?

an unscheduled, unpredictable Supreme Court podcast. I'm Will Bode. And I'm Dan Epps.

an unscheduled, unpredictable Supreme Court podcast. I'm Will Bode. And I'm Dan Epps.