I Say "Timbre"

Will: Yeah, that doesn't sound so bad. The segue, throwing up in your mouth seemed [unintelligible .
Will: I'm worried about the [unintelligible you're setting up here, Dan. So, to be clear, if you leave any future negative reviews, we will never read them on the air. This will never happen again.
Will: Yeah, I think the two halves of the clause are different. I think it's quite plausible that Congress could-- one of the regulations-- Congress could make such regulation could be Congress saying to create a independent redistricting commission, just as in the Arizona case, the Chief doesn't say that the legislature can't authorize a commission. He just says that you can't create the commission outside the legislature. I think it's still an open question to let the chief legislator to create one and the Congress [unintelligible other districts.
Will: Well, [unintelligible damages include the trial. So, if you think that without the statement, they would have had no case. I'm not sure that's right.
Will: Yeah. I think the idea is the right secured by the Constitution is the voluntariness right or the non-compulsion right, [unintelligible right, the due process right. And Miranda is a right, is a sort of secondary right that's not itself secured by the Constitution.
Will: I agree. Yeah, it might be that's the reason that we didn't see a lot of-- there's always this mystery of why is there an explosion of Section 1993 claims at various points in history? And we'll try to pinpoint various-- this decision did it, no, it's this decision that did it. Collins thinks actually might be a sort of transformation in the understanding of "secured by". We could have tried to actually go into the weeds here, and the court just stays [unintelligible .
Will: Well, I don't know if the deputy-- the deputy might have-- I don't know [unintelligible trial.
Will: Right. That seems to happen in criminal cases too, is that the thing is you read this case, somebody talks for five hours, and then they mirandize them and the person stops talking, which suggests that [unintelligible . One other hypothesis I've had is sometimes the police don't tell you that you're the guilty person, that you're person they're going after. I mean, they have the courage to come in, clear name, and you tell them what happened, and that will help them, whatever, [unintelligible 01:01:37] story about how they're not really after you. And maybe for a lot of people when they mirandize you, is when you suddenly realize, "Oh, they're after me." That's the thing you do to the guy in Law & Order, who's going to be the defendant.
Will: Anyway, interesting little case. I think if this had been decided in April or May, we would have spent more time on it. But maybe we will [unintelligible what we have to say about it.
Will: Or a coach who kneels during The Star-Spangled Banner or whatever. So, I'm not that worried that school districts are going to be so protective of the free speech and free religion of all of their employees that will never get cases about these again. [unintelligible risk.
Will: It doesn't feel like that to me. My gut instinct is no, but I feel I should look into it more before I commit to that view. Yeah, this feels different. But the decisions were subject to a lot of scholarly and political criticism at the time, and it may be that I'm being too narrow minded by, I think, [unintelligible . I guess that's where my opposite reactions come from, is I feel this is not the court being eager. I think the court being eager is going to look a lot more-- the same Justices once they start feeling aggressive are going to do stuff, maybe on the stuff they did this term.