Divided Argument

Smooth Stone in the River

June 1 · 1 hr 10 min · Season 6 · Episode 17 · 169.6 MB
0:00-1:10:40

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The Court has been busy, and we somehow manage to cover a number of developments with unpredictable efficiency. We talk about the Court's latest summary reversal on the "party presentation principle"; Justice Kavanaugh's vindication of his law journal student note in Pitchford v. Cain; Rutherford and Fernandez, two related cases about the intersection of compassionate release and habeas; and the DIG in Hamm v. Smith, a case about capital punishment and intellectual disability. Along the way, we also get into backlash against a certain SCOTUS advocate's TED talk and further Alabama redistricting fallout.

Key Topics

[00:02:25] - The infamous tweet and TED talk
[00:14:56] - Alabama redistricting developments
[00:19:07] - Margolin v. National Association of Immigration Judges and the Court’s renewed emphasis on the party presentation principle
[00:29:02] - Pitchford v. Cain and Batson
[00:35:56] - Justice Kavanaugh’s Yale Law Journal note on Batson procedure and how it connects to the case
[00:40:40] - Fernandez v. United States and Rutherford v. United States: compassionate release, retroactivity, and innocence claims
[01:03:34] - Hamm v. Smith, the post-argument DIG, and the future of the Atkins rule

Relevant Links