Divided Argument

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

  1. 5D AGO

    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

  2. JAN 12

    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

  3. 12/19/2025

    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

  4. 11/20/2025

    Counter-Counter-Counter-Designations

    Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff. Dan teaches Will some of the new lingo he's learned from the firm's trial experts before a deep dive into civil procedure. First, we dig into the recently argued Coney Island Auto Parts Unlimited v. Burton, which presents a seemingly easy legal question and harder questions about SCOTUS advocacy and ethics. Then we look back at last Term's LabCorp v. Davis, which the Court DIG'd but which raises some fundamental questions about class action litigation that the Court is likely to revisit down the road.

    55 min

  5. 11/15/2025

    Proximity Mines in the Facility

    After a predictably unpredictable set of detours through Latin grammar, parenting philosophies, and 90s video games, we catch up on the latest shadow (interim?) docket activity and recap the oral argument in the tariffs cases.

    1h 18m

  6. 10/31/2025

    Crazy Half-Drunk Unreliable Research Assistant

    Divided Argument is in its sixth season! Our first episode of the term focuses, of course, on the latest developments on the shadow docket. These include several grants of interim relief to the Trump administration, as well as some dissents from the denial of certiorari. But first, an update on Dan's travel schedule and ChatGPT usage, and an important correction to our previous episode.

    1h 4m

  7. 10/03/2025

    Proust or Plato

    For the season finale, we're joined by Yale law professor Justin Driver to talk about his new book, "The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education." We discuss the conservative cases for and against affirmative action, the post-SFFA world of university admissions, the promise and limits of colorblindness, and the effects of admissions policies on students' sense of belonging.

    53 min

  8. 09/11/2025

    Byzantine Wall

    We extend our record-breaking run with a discussion of the Court's two big recent emergency docket rulings: Noem v. Vasquez Perdomo and NIH v. American Public Health Association.

    1h 17m
See All (115)

4.8
out of 5
748 Ratings

About

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

Information

  • Creator
    Will Baude, Dan Epps
  • Years Active
    2021 - 2026
  • Episodes
    115
  • Rating
    Clean
  • Copyright
    © Will Baude & Dan Epps
  • Show Website
    Divided Argument

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