Catching up with SCOTUS Ep. 1, The Saga Begins

What's so funny about universal vacatur?

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Are you ready for a MOHELA good time? Sarah and David try to read the tea leaves as SCOTUS scrutinizes Biden’s student loan forgiveness and the future of the Consumer Financial Protection Bureau. Also: terrorism on Twitter and cert grant update. The saga begins.

Show Notes:

-Biden v. Nebraska oral argument transcript

-David Lat: On the need for diverse viewpoints

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  2. Sgmills23

    Quick note on the Alabama Basketball player. Miles asked Miller to bring Miles's gun to Miles. Miller, still playing, did not own the gun but had possession of the gun. What Miller knew about Miles's intent is unknown.

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  3. InadvertantObfuscation

    "And" means "and" or "or"? What was the text? I would like to see the text in your notes for the possible "and" as "or" law -- I was driving while listening and could not remember exactly.
    I'm a software developer and long-ago math major so this discussion stimulated my interest in abstract logic. Sarah mentioned something about the appearance of "not" reversing the meaning. An oblique reference to restating "((not A) and (not B))" being logically the same as "not (A or B)"?
    By the way, I admire your podcast's ability to reconcile disciplined language with frivolity!

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  4. Dagies

    I'm going to toss in an unrelated question here as a possible topic for a future podcast. I found this interesting. Would seem a conflict between fed gov't power and states rights?

    "....Dahm earlier this year introduced the “Firearms Freedom Act,” a measure that would make any firearm or ammunition manufactured in the Sooner State exempt from any “federal law, federal taxation, or federal regulation including registration…”"

    https://www.msn.com/en-us/news/us/that-s-dead-people-jon-stewart-blasts-oklahoma-republican-in-tense-exchange/ar-AA18cOzP?ocid=msedgdhp&pc=U531&cvid=024f8aba683b4164b22c5369f8d78092&ei=31

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  5. Drylandrower

    Given it performs Debt Reassignment Surgery from individuals who contracted the debt to all taxpayers, why doesn't Flast v. Cohen give a representative of the taxpayers or a taxpayer standing in the Student Loan case.

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  6. Pvossneb

    How would the CFPB funding issues effect say the Federal Reserve or FDIC?

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    TJA

    On the merits of the Loan Case:
    Here's hoping the Court applies the long ignored precedent handed down by Justice Fletcher, shortly after the Civil War, in U.S. v Wales - the "Don't piss down my back and tell me it's raining" doctrine.

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  8. Michael

    Why it's good for non-lawyers to listen to SCOTUS oral arguments. https://www.thegospelcoalition.org/blogs/trevin-wax/listen-supreme-court-arguments/

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    T_meganm

    Definitely loled at "where's the beef on the hurdle?"

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  10. Mshroyer

    Has the podcast done an overview of standing as a concept, and the arguments for expanding or constricting it? I understand why we don't want taxpayers to be able to sue over every cost imposed by executive action. But at the same time, it seems like a failure of the legal system that we could have a situation like Biden's student loan forgiveness action where (a) basically everyone agrees that it's illegal on the merits, and (b) it imposes a signficant burden on all Americans, and yet there's only the narrowest of avenues for redress.

    I would imagine this is a ripe area of debate with a rich history, so are there any entry points to standing that you'd recommend for a layperson?

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