40 episodes

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

Divided Argument Will Baude, Dan Epps

    • Government
    • 4.9 • 391 Ratings

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

    Soft Target

    Soft Target

    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!

    • 48 min
    Expanded Universe

    Expanded Universe

    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, an interesting case about the scope of foreign sovereign immunity being heard in the January sitting.

    • 1 hr 16 min
    Unpersuasive Scholar Trolling

    Unpersuasive Scholar Trolling

    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 and Percoco.

    • 1 hr 19 min
    Relentless Personal Attacks

    Relentless Personal Attacks

    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.

    • 1 hr 24 min
    For Liberty and not for Fascism

    For Liberty and not for Fascism

    We check in on some Court-related news 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.

    • 1 hr
    Horse Sausage

    Horse Sausage

    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.

    • 1 hr 4 min

Customer Reviews

4.9 out of 5
391 Ratings

391 Ratings

Aaron_ACL_1 ,

Great Resource for Law Students

I started following the show in my 2L year and haven’t missed an episode since. Professor Baude and Professor Epps keep their discussion accessible, yet highly nuanced and detailed. Their balanced discussions are especially useful for those still developing their ideological views about Constitutional interpretation and the law. Whatever your ideological priors, Divided Argument gives you an opportunity to explore the many sides of every issue before the Court.

NomicAtomy ,


Update: The mumbler is Will Baude. He doesn’t finish a thought based on when his idea is completely expressed, he finishes a thought based on when he runs out of air. The problem is he keeps talking past the point of being out of breath so the words of every sentence are just a sad unintelligible oozing. Some regular cardio and a voice coach could (possibly?) help. Use your diaphragm, guy who talks on a podcast for people to listen to.

Original: This is my first time listening to this show and I might have to stop after about 10 minutes. One guy’s mic is perfect with crisp audio. The other guy (Will Baude) sounds like he’s in a hole and he mumbles and trails off on every sentence. He’s not even speaking human language. He sounds more like a punctured tire that’s given up on life. He speaks two words and whisper mumbles ten. Rinse and repeat.

Second Factor First ,

Intellectual Property coverage is like Cowbell…

…in that there needs to be more of it.

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