Divided Argument

Will Baude, Dan Epps

An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps. In partnership with SCOTUSblog.

  1. A Subversive Mission

    2 DAYS AGO

    A Subversive Mission

    We announce an exciting new partnership with SCOTUSblog and introduce the show to new listeners. We then return to the mysterious origins of the Chief Justice's "no, no, a thousand times no," debate the Court's new policy designed to maintain secrecy, and then take a close look at Galette v. New Jersey Transit Corporation, a sovereign immunity decision in which the Court may, or may not, have paid attention to Will's amicus brief.

    51 min
  2. Cruel and Unusual and Stupid

    6 MAR

    Cruel and Unusual and Stupid

    It's our live show at the University of Chicago! Hosted by the University of Chicago Federalist Society, we discuss this week's big shadow-docket rulings about gender transitions in California Schools (Mirabelli v. Bonta) and redistricting in New York (Malliotakis v. Williams), and also break down the recent merits decision about the right to counsel when a defendant is testifying (Villareal v. Texas).

    48 min
  3. Betty Boop or Shakespeare

    21 FEB

    Betty Boop or Shakespeare

    With unpredictable timeliness, we have a quasi-emergency episode on the 170-page tariffs decision, Learning Resources, Inc. v. Trump. Come for the in-the-weeds legal analysis, stay for the deep dive into the origins of the phrase "no, no, a thousand times no."

    1h 26m
  4. Ayn Rand Graffiti

    4 FEB

    Ayn Rand Graffiti

    We're back for another live show at the Northwestern Pritzker School of Law, hosted by the Northwestern Federalist Society! We discuss the term's two Second Amendment arguments -- first recapping the oral argument in Wolford v. Lopez, featuring Hawaii's law about getting consent to bear arms on private property; and then previewing the oral argument in United States v. Hemani, about the ban on possession of guns by drug users.

    57 min
  5. Bok Choy

    22 JAN

    Bok Choy

    With shocking and uncharacteristic efficiency, we manage to discuss three merits opinions and one orders list dissent in only 47 minutes. Specifically, we  revisit Coney Island Auto Parts Unlimited, Inc. v. Burton (time limits for moving to vacate void judgments) and break down Berk v. Choy (an Erie doctrine puzzle), and Ellingburg v. United States (criminal restitution and the Ex Post Facto Clause), while also managing to discuss Justice Jackson's broadside against the Court's practice of "martinization."

    47 min
  6. Lake Shrimp

    16 JAN

    Lake Shrimp

    We didn't get the tariffs decision this week, but we discuss two of the opinions we did get -- Bost v. Illinois Board of Elections, a decision about standing and election law, and Case v. Montana, a rare Fourth Amendment case -- in a remarkably efficient episode (after a brief detour into Grok's jurisprudence and the announcement of a major gift to the Constitutional Law Institute).

    54 min
  7. The Marshal and the Margarine

    12 JAN

    The Marshal and the Margarine

    We're back with the first episode of the new year, breaking down the interim docket opinion/order in Trump v. Illinois, the national guard case, after first warming up with new Erie scholarship, state criminal jurisdiction over federal officers, and some recent online discourse.

    1h 19m
  8. Non-Cake Physical Object

    19/12/2025

    Non-Cake Physical Object

    We're back to break down a month's worth of shadow docket activity -- three recent summary reversals, plus the stay in the Texas gerrymandering case (Abbott v. LULAC). We also discuss the launch of the SCOTUSblog "interim docket blog."

    1h 17m
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About

An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps. In partnership with SCOTUSblog.

Information

  • Creator
    Will Baude, Dan Epps
  • Years Active
    2021 - 2026
  • Episodes
    120
  • Rating
    Clean
  • Copyright
    © Will Baude & Dan Epps
  • Show Website
    Divided Argument

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