William Baude on the First Mondays Podcast: The Shadow Docket, Nielsen, Stokeling, Stitt

OT2018 #3: "Ordinary Pinch"

October 15, 2018 First Mondays

Judge Kavanaugh is now Associate Justice Brett M. Kavanaugh, and so we're back to a nine-member Court. Since Will is filling in as recurring guest host, we'll take a look at the so-called "shadow docket" to see what the justices are up to outside of the courtroom.

Then, we'll get back to business as usual and recap arguments from the last week. Nielsen v. Preap features some great advocacy, wherein the justices get a taste of their own hypothetical-infused medicine. Then, we've got two cases about the definition of burglary: Stokeling and Stitt.

Plus, can we tell if the justices are all getting along?

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