Proximity Mines in the Facility

Divided Argument

After a predictably unpredictable set of detours through Latin grammar, parenting philosophies, and 90s video games, we catch up on the latest shadow (interim?) docket activity and recap the oral argument in the tariffs cases. 

2025-11-15 78 min Transcript

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Will: Yeah, he's a friend. I don't know that he has time for podcasts. [unintelligible he is putting on. There was this interesting vibe in general about the debate and some of this about the convention, and some of this was online about one of the key debates was between Kristen Waggoner of the Alliance Defending Freedom and my colleague Mary Anne Case about is it unconstitutional for does the Constitution require schools to notify parents if their children are using opposite gender pronouns or doing other sort of trans things or framed more tendentiously, is it unconstitutional for schools to trans people's children? [Dan laughs] And there was some complaint online. People were like, “It's outrageous that we're debating this. This should be beyond debate.”
Will: And I guess I wonder, is there a person who was ever persuaded by a Jackson dissenting opinion, like persuaded that she was right when they presumed they were wrong? There may be people who are persuaded by this, like, “All right, I'm convinced we need to go to the barricades or I'm convinced that we need to pack the court.” And [unintelligible didn't believe that or something.
Will: [unintelligible the court.
Dan: Yeah, but I mean, those are within. I mean, I assume those are governed by which circuit the state is in, right? Like if you look at the circuit assignments page on the website, it says for the First Circuit, Ketanji Brown Jackson, Associate Justice, [unintelligible Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island.
Will: Yeah. Or this case is in Guam, actually, I'm not sure with the Puerto Rican Supreme Court, I don't think goes-- I think it's [unintelligible state court.
Will: No, [unintelligible .

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