# Aide-de-camp

An episode of [Divided Argument](https://invisiblenetwork.ai/podcast/1567718103), 17 Dec 2024, 1 h 11 min.

Audio: https://op3.dev/e/dts.podtrac.com/redirect.mp3/media.beamly.com/GxB3tIWgJ0MCDbmD/GxB3ykF8pz0UMRya/GxB3ynasa6wAs47o/82d424260d04.mp3

After an unpredictably long hiatus, we're back to break down what we missed. We debate the off-the-rails FedSoc panel Dan was on, work through some shadow docket happenings and the Court's two recent DIGs, ponder the implications of the election on the Court, and briefly discuss the first merits opinion of the Term, Bouarfa v. Mayorkas.

## Transcript

[15:26] Will: I don't understand either. And, again, I don't think Judge Jones covered herself in glory in this episode. I do think there are people, and I don't think you or Steve were among them, who too frequently jump to bad faith explanations for what judges are doing, and I think that's a bad thing. And I wonder if some of the \[unintelligible Judge Jones was confused and has heard versions of the bad faith argument too many times before and thus lumped you guys into the people making the bad faith arguments rather than the good faith arguments, which would not be exculpatory, but might be some words it's coming from.
[51:31] Dan: Yeah. I would be curious to see the court resolve those cases. I mean, again, I actually do think that those are more plausible claims than the one that was being advanced in Skrmetti. I also tend to think that this is not really part of the \[unintelligible jurisdiction. I tend to think that more politically palatable. I don't think that California has taken the position that these kind of policies are good. We know better than the parents. I don't think that's good politics, at least at the national level. I think saying, “We're the government and we know better than you how to raise your children.” Even sometimes that's true, but I'm not sure that politically that's a great strategy for the Dems.

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