PODCAST

Divided Argument

Will Baude, Dan Epps

An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.

government politics

All Episodes

01:09:28

Justified True Belief

Divided Argument ·

2023/06/05

We discuss a recent effort to identify the least interesting SCOTUS case, and then discuss Tyler v. Hennepin County, United States ex rel. Schutte v. Supervalu Inc., and Glacier Northwest, Inc. v. Teamsters.

01:11:07

Pale Fire

Divided Argument ·

2023/05/24

We debate Justice Gorsuch's unusual "statement" in Arizona v. Mayorkas. Then, we don't let our complete lack of knowledge of intellectual property law stop us in trying to make sense of Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith, the big copyright throw-down between Justices Sotomayor and Kagan.

00:59:55

Break the Fourth Wall

Divided Argument ·

2023/05/18

After catching up on news and bemoaning some listener feedback, we look at some opinions that the Court dropped last week. We take a deep dive into National Pork Producers Council v. Ross and briefly discuss the two fraud cases, Percoco and Ciminelli.

00:54:07

Provocative Subtitle

Divided Argument ·

2023/05/16

We talk (and argue) with special guest Steve Vladeck about his new book, The Shadow Docket, just published by Basic Books. Steve explains why it is important to educate the public about the Court's use of unsigned and sometimes unexplained orders, and how it is changing. Will and Dan press him on whether his criticisms go too far . . . or not far enough.

01:12:25

Creator of the Stars of Night

Divided Argument ·

2023/05/06

We cover many developments -- Justice Alito's unusual interview in the Wall Street Journal, the release of Justice Stevens' papers, more news on Supreme Court ethics, as well as a new cert. grant on the Chevron doctrine, the mifepristone shadow-docket ruling, and still more jurisdictional news in Moore v. Harper. But first -- an anonymous caller drops a new voicemail song.

00:49:44

Best Suits

Divided Argument ·

2023/04/24

We revisit a story about Justice Scalia from last episode and then discuss recent allegations about Justice Thomas's financial disclosures, and Supreme Court ethics more broadly. We also briefly turn to two recent merits opinions -- Türkiye Halk Bankasi A.S. v. United States and Reed v. Goertz.

01:01:11

A Chanting of Morrison v. Olson

Divided Argument ·

2023/04/03

We spend most of our time on some meaty opinions on the orders list -- including separate opinions in Chapman v. Doe (starting at 25:41) and Donziger v. United States (starting at 35:15) -- and touch on the recent merits opinions. But first, we have an extended revisit of Cruz v. Arizona, which proves far more mysterious than we first realized.

01:08:47

Mr. Jurisdiction

Divided Argument ·

2023/03/06

We're back to break down two of the Supreme Court's recent 5-4 opinions—Bittner v. United States, about penalties under the Bank Secrecy Act, and Cruz v. Arizona, a death penalty case about state procedures and federal jurisdiction. But first, we take a brief look back at the oral arguments in the student loan case, and a new order and jurisdictional developments in Moore v. Harper (the independent state legislature case).

01:05:09

Least Incorrect

Divided Argument ·

2023/02/18

We're live at Washington University School of Law in St. Louis! After a check-in with our most faithful corrector, Prof. Ron Levin, we take a deep dive into the two upcoming cases about the legality of President Biden's student loan forgiveness plan. Will explains his theory of why the challengers should lose because they lack standing—but also predicts that the Court is unlikely to agree.

01:02:02

Marching Orders

Divided Argument ·

2023/02/11

We revisit the leak investigation, catch up on recent news, and then take a deep dive into the recent dispute in United States v. Texas (starting at 37:56) over the scope of courts' power to vacate administrative rules and the related controversy over so-called "nationwide" injunctions.

00:48:08

Soft Target

Divided Argument ·

2023/01/21

We're back sooner than expected to talk about the Court's release of the Marshal's report about the investigation of the Dobbs leak!

01:16:04

Expanded Universe

Divided Argument ·

2023/01/14

We catch up on some odds and ends, take a long detour through a debate about the merits of the Star Wars trilogies, and then dig into Türkiye Halk Bankasi A.S. v. United States (starting at 38:10), an interesting case about the scope of foreign sovereign immunity being heard in the January sitting.

01:19:11

Unpersuasive Scholar Trolling

Divided Argument ·

2022/11/24

We talk through the implications of the story about an alleged leak in the Hobby Lobby case, respond to a mysterious voicemail, and then break down two interesting federal criminal fraud cases, Cimenelli v. United States and Percoco v. United States.

01:24:38

Relentless Personal Attacks

Divided Argument ·

2022/11/14

In this mega-episode, we catch up on the orders list, circle back to Mallory, which we talked about last episode, and the dive into oral arguments in the affirmative action cases.

01:00:51

For Liberty and not for Fascism

Divided Argument ·

2022/11/02

We check in on some Court-related news and developments and Dan gives Will a hard time for his recent bold claim about the conservative justices. We then dig deep into Mallory v. Norfolk Southern Railway Co., a fascinating personal jurisdiction case being argued in the November sitting.

01:04:00

Horse Sausage

Divided Argument ·

2022/10/02

We provided an extended preview of the arguments in one of the October cases, National Pork Producers Council v. Ross, which takes us into a long discussion of the "dormant" Commerce Clause and extraterritorial regulation. But first we discuss some statements from Justice Alito and Ginni Thomas, the newest circuit justice assignment, and some updates from last episode.

01:03:41

Maoist Takeover

Divided Argument ·

2022/09/19

We open Season 3 with a live show at William and Mary Law School, part of the Scalia-Ginsburg Collegiality Speaker Series. With our first-ever guest, we discuss the limits of friendship and offer advice on civil disagreement. But first we break down the Supreme Court's ruling on an important stay application from Yeshiva University.

01:24:23

I Say "Timbre"

Divided Argument ·

2022/07/30

We catch up on listener questions and feedback (both positive and negative), and then spend a while on the neglected case of Vega v. Tekoh, about the intersection of remedies and Miranda. We also discuss Kennedy v. Bremerton, the case of the praying football coach. Unfortunately, Will recorded all of this into the wrong microphone.

01:20:59

Settling of Scores

Divided Argument ·

2022/07/10

We reflect on the Supreme Court term as a whole, and the direction and politics of the Court. We focus on West Virginia v. EPA, which canonized the "major questions" doctrine, and the upcoming case of Moore v. Harper, which confronts the "independent state legislature doctrine."

01:57:13

Character Sketches

Divided Argument ·

2022/06/28

In our longest episode yet, we break down two massively consequential cases: Dobbs v. Jackson Women's Health Organization and New York State Rifle & Pistol Association v. Bruen.

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Divided Argument

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