Supreme Court’s Pipeline Problem

We’ve got another action-packed pod for you. On today’s episode, David and Sarah get listeners ...

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We’ve got another action-packed pod for you. On today’s episode, David and Sarah get listeners up to speed on all the latest legal topics, including a case involving a New Jersey pipeline, Georgia’s anti-BDS law, Florida’s new social media law, a case involving transcendental meditation in an Illinois public school system, ongoing congressional negotiations surrounding qualified immunity, and more! Alec Dent and Ryan Brown also join the show to reminisce on their cicada eating experience earlier this week. 

Show Notes:

–PennEast Pipeline Co. v. New Jersey

-David’s latest French Press: “The GOP Becomes What it Once Despised”

–Miami Herald Pub. Co. v. Tornillo

–Separation of Hinduism From Our Schools v. Chicago Public Schools

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Comments (35)
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  1. Avatar photo
    Bill Dyer (aka Beldar)

    My best friend from law school applied to, and was selected by, then-Senior Status Fifth Circuit Judge Joe M. Ingraham precisely BECAUSE Judge Ingraham was one of the circuit judges designated to sit on FERC, and indeed, appeals from FERC proceedings was what he spent virtually his entire clerkship on. After his clerkship (1980-1981), he went directly to Houston's Vinson & Elkins, where he became a partner in its energy department representing pipelines.

    But it was a very light workload, even by the generally more relaxed standards of senior circuit judge clerkships. And as it happened, Judge Ingraham's chambers were next door to my judge's chambers on the eleventh floor of the extremely ugly federal courts building in downtown Houston, and they shared a chambers library.

    So my friend volunteered to be drafted — and was enthusiastically accepted — as an informal fourth clerk by my own judge, who could and would, if given the chance, have productively employed 10 or 12 clerks while volunteering to handle not only her own share of oral argument and screener (non-oral argument) panels in the Fifth Circuit, but also to sit by designation on other district and circuit benches.

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    Bill

    Let me understand this: we've just been through a year and a half of pandemic, possibly caused by people eating stuff that they really shouldn't be eating (bats). And you're encouraging people to eat bugs??? Are you s****ing me????

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    Josh Rieger

    Technically “sine die” is only a word for adjournment of a formal meeting when there is no appointed date for resumption. It’s not just a general word for adjournment.

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    Pstahley

    I'm here for the Natural Gas Act and FERC coverage. It might be just me, but I appreciate it.

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    Jason Gibson

    Can’t talk about the 11th amendment without doing a deep dive starting with chisum v. Georgia!

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    BrandonAlleman

    I'm confused by this wholesale critique of the 'MSM' and the lab leak to theory. There has been ongoing journalism about it that is getting more attention.

    What were the editorial decisions that the Dispatch made that were different than the nebulous and impish 'MSM'? I don't recall much different from the Dispatch about this than what I read in the WaPo and even now TD interest seems more about examining the media through editorial work than the virus origin with investigative journalism.

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    1. Avatar photo
      Jason Gibson

      The dispatch wouldn’t have censored anyone’s posts if they mentioned the theory. That’s the issue they were talking about

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      1. Avatar photo
        BrandonAlleman

        If the criticism is just of social media then they should focus it just on that. These criticisms too often use the excesses of social media to make broad conclusions about all media and the one half or the other.
        I actually spoke a little too soon on the AO run at the issue before hearing all of their take. I was responding to the accumulative of Jonah mentioning it a few times in columns and pods and the flagship mention of it. I listened to the rest of the pod after commenting and AO at least had the most nuanced and specific criticisms of the issue.
        I would like if TD has a broad criticism of how the media handled it, to explain the ways they addressed it differently.

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  7. Avatar photo
    Gary Robbins

    Oh my goodness! "Sine Die" is a phrase used commonly in Arizona for the end of the legislative session. This is perhaps the first time I have found myself knowing something that David didn't know!

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  8. Avatar photo
    Geoff

    Me after today’s episode:

    https://academy.allaboutbirds.org/double-crested-cormorant-dries-its-feathers/

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  9. Avatar photo
    Alex Mudd

    I'm no legal expert so maybe this is dumb, but can Twitter and Facebook go nuclear (if the law actually survives) and just block Florida users? Maybe with VPNs it wouldn't really matter. I know some insurance companies have cancelled certain types of policies in Florida because of things like reinsurance costs being too high, so it seems like Twitter and Facebook would be within their rights to cut their losses by dropping service in the state.

    I'm sure they'd lose some ad revenue, but it's just one state, albeit it a pretty big one. It would send a pretty strong message that there are real-world consequences for political grandstanding and betraying your previously held ideals to scratch the Trump base's outrage itch.

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  10. Jennifer Streit

    Kudos for the cicada journalism! Alec and Ryan deserve gifts certificates to an upscale D.C. restaurant so they can cleanse their palates. Bravo! :-)

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