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Divided Argument

We recap and reflect on the oral arguments in Trump v. Barbara (the birthright citizenship case) and then analyze the Court's recent decision in Chiles v. Salazar, about the First Amendment limits on Colorado's conversion therapy ban. We also confront the taboo question: Are judicial opinions too long?

2026-04-06 77 min Transcript

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Will: Yeah. Now, I do think it's noteworthy in CASA also, there was universal relief under the lower courts, essentially a nationwide class action using the class action exception to CASA. So, even if the government had not appealed, they wouldn't have needed any of this [unintelligible
Will: Yes, I agree. But whatever, [unintelligible executor. In fact, yes. I guess if you're at the same time saying you're going to give President Trump, for the first time, consolidated control over the unitary executive, you might want to make sure that shortly after that, you can say, “But don't worry, we're not giving you control over the babies.”

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