Divided Argument
67 episodes - English - Latest episode: 5 days ago - ★★★★★ - 554 ratingsAn unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.
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Episodes
The Lightning Docket
September 02, 2021 21:09 - 1 hour - 61.6 MBWill and Dan break down the Court's late-night refusal to block the implementation of Texas's controversial "fetal heartbeat" law, and what it might mean for the future of the Court's abortion jurisprudence.
Out on a Limb
August 14, 2021 16:30 - 27 minutes - 25.1 MBDan and will try to catch up on the flurry of news from Thursday afternoon, including an update on the Acting Solicitor General and the Court’s surprising grant of injunctive relief against New York’s eviction procedures. Come for the breaking news, stay to find out how Dan procrastinate and to learn the relevance of Catskills humor to the shadow docket.
Beyond The Pale
August 14, 2021 02:15 - 56 minutes - 51.6 MBAs Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the qui tam statute indirectly saved Roe v. Wade. We then catch up on a few legal developments: The Biden Administration has renewed its eviction moratorium, confusing many legal observers in the process. The administration has also finally given us a nomination for Solicitor General. And a controversial cert. petition by the state of Oklahoma provokes an extended discussion of stare decisis and ...
Secondary Trolling
August 02, 2021 09:00 - 59 minutes - 54.7 MBAs October Term 2020 recedes in the rear-view mirror, Dan and Will take a moment to reflect. We ponder the current balance of power on the Court and how the pandemic era might change the institution. We also address some listener feedback on Transunion; Will defends himself against the charge that he worships the justices too much; and Dan takes issue with a bold claim that Will snuck in on a previous episode.
Inner Sanctum
July 28, 2021 01:35 - 58 minutes - 53.9 MBWill and Dan deal with listener feedback that prompts them to recall some of the Court's most bad-faith decisions in recent years. They then do a deep dive into Transunion v. Ramirez, the Court's major standing decision from the end of the Term.
Crime of the Day
July 24, 2021 16:34 - 46 minutes - 42.8 MBWill and Dan deal with some tough but fair listener feedback, and then get through AFP v. Bonta (finally). Listen to see if they get further!
Very Breyeresque
July 17, 2021 16:39 - 1 hour - 69.2 MBDan and Will return after their vacations to catch up on what they've missed. After checking in briefly on Justice Breyer, they try to talk about two of the Court's biggest cases from the end of the Term. They only manage to get through one of them: Brnovich v. DNC.
House Parties
June 24, 2021 21:45 - 1 hour - 63.8 MBWill and Dan break down two more decisions from Wednesday. First is Collins v. Yellen, a complicated separation of powers and severability case with a lot of money on the line. Second is Lange v. California, a Fourth Amendment case about the "hot pursuit" doctrine, which gives rise to some high school confessions.
Evil and Corrupt Language, Images, and Thoughts
June 24, 2021 00:20 - 1 hour - 61 MBThe Court dropped four fascinating constitutional law opinions on Wednesday, and Will & Dan talk through two of them. First up is Mahanoy, which addresses First Amendment protections for Snapchatting school kids. Then we have Cedar Point, an important decision about the Takings Clause.
Early Wittgenstein
June 21, 2021 23:40 - 1 hour - 55.1 MBAs October Term 2020 hurtles towards a thrilling conclusion (well, hopefully), Dan and Will break down two of Monday's decisions. They explore the separation of powers and severability in United States v. Arthrex and talk about antitrust law's implications for college sports in NCAA v. Alston.
Triple Bank Shot
June 18, 2021 21:50 - 1 hour - 74 MBWill and Dan break down the Court's sudden burst of interesting opinions – California v. Texas, Fulton v. Philadelphia, and Nestle v. Doe.
So What
June 04, 2021 15:05 - 52 minutes - 48.4 MBWill and Dan break down the Court's fascinating decision yesterday in Van Buren v. United States, which interpreted the Computer Fraud and Abuse Act.
Everybody Procrastinates
June 03, 2021 09:00 - 1 hour - 56.9 MBDan and Will discuss the Court's recent run of unanimous cases, paying particular attention to United States v. Cooley; ponder weighty issues like the role of the Hart & Wechsler casebook in defining the field of federal courts; and announce a new way for listeners to engage with the show: our voicemail line, (314) 649-3790.
Faith in Princes
May 23, 2021 12:36 - 55 minutes - 51.2 MBWill and Dan ponder what this podcast is about, continue their discussion of good faith in judging, try to game out exactly what the Court is up to in Dobbs v. Jackson Women's Health, and respond to listener feedback.
Grandma's House of Vice
May 18, 2021 18:01 - 1 hour - 58.3 MBWill and Dan ponder the significance Court's grant of certiorari in an abortion case, Dobbs v. Jackson Women's Health Organization, before going on to recap some of the opinions the Court released this week. They discuss Caniglia v. Strom, a Fourth Amendment case, and what it might mean for drug-dealing senior citizens. And they explore the puzzling world of criminal-procedure retroactivity in Edwards v. Vannoy, and in particular Justice Gorsuch's bold concurrence charting a new course for f...
Woke to the Trend
May 17, 2021 09:55 - 39 minutes - 36.3 MBWill and Dan finish up their conversation about the shadow docket. They discuss the Court’s summary reversal practices, try to get to the bottom of what might be wrong with the shadow docket, and ponder what it means for Supreme Court justices to act in “good faith.”
Normal Procedural Regularity
May 15, 2021 15:00 - 55 minutes - 50.8 MBIn the inaugural episode of Divided Argument, Will and Dan have the first part of a two-part discussion of the Supreme Court's "shadow docket." Will explains how he came to coin the now-famous phrase in a 2013 article, and how good advice from a friend helped him avoid a "terrible title" for that piece. Will and Dan also discuss Justice Alito's contribution to the important field of original jurisdiction before closing out the episode with a plea for reviews on your podcast app of choice.