Divided Argument

Ninja Court Packing


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We are joined by guest co-host Professor Pam Karlan at the American Law Institute Annual Meeting for the last live show of season 6. We work through a busy stretch of the interim docket: the Alabama GVR in Allen v. Caster and what Callais has done to Section 2; the denied stay in the Virginia redistricting fight, Scott v. McDougle; and the mifepristone cases, Danco and GenBioPro v. Louisiana, where Thomas rides the Comstock Act alone and Alito takes it personally. Then a turn to executive power and the term's looming merits decisions—birthright citizenship, the Federal Reserve, Humphrey's Executor—before audience questions on state voting rights acts, fixing the single-member-district statute, and whether you can wish yourself more wishes.

Key Topics

[00:00:11] - Live show introduction at the American Law Institute with guest host Pam Karlan
[00:02:30] - Fallout from Louisiana v. Callais and the Alabama redistricting order
[00:06:26] - Purcell principle, mid-election rule changes, and discriminatory intent findings
[00:17:32] - Virginia’s redistricting amendment case and why the Supreme Court declined to intervene
[00:32:41] - Danco Laboratories / GenBioPro and the mifepristone stay
[00:39:56] - Justice Thomas, the Comstock Act, and Justice Alito’s dissent
[00:47:15] - Big-picture trends in executive power and the Court’s posture toward the administration
[01:00:54] - Audience Q&A on Congress, district design, and gerrymandering reform
[01:05:47] - The President’s public attacks on the Court and possible effects on future cases

...more
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Divided ArgumentBy Will Baude & Dan Epps

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