Latest Supreme court justice Podcast Episodes

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Radical Agreement

Divided Argument - April 26, 2024 03:45 - 1 hour ★★★★★ - 554 ratings
After taking some listener questions, we analyze the lengthy shadow docket opinions in Labrador v. Poe, dealing with universal relief, emergency applications, and more. We then tackle two recent merits opinions: Devillier v. Texas (takings) and Muldrow v. St. Louis (Title VII).

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Bootlegging-Adjacent

Divided Argument - April 16, 2024 16:06 - 1 hour ★★★★★ - 554 ratings
After discussing a few pending issues at the Court, we look back to analyze several decisions from last month-- FBI v. Fikre, a mootness case with national security implications, and the shadow docket dispute in one of many cases named United States v. Texas (the SB4 case)-- and then turn to las...

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Dinkus

Divided Argument - March 20, 2024 01:58 - 1 hour ★★★★★ - 554 ratings
After grappling with listener feedback ranging from the acoustic to the typographical, we catch up on last month's decisions in Great Lakes v. Raiders Retreat Realty (admiralty) and McElrath v. Georgia (double jeopardy). We then turn to last week's decisions about public officials on social medi...

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Political Hacks Pretending to be Lawyers

Divided Argument - March 05, 2024 16:53 - 59 minutes ★★★★★ - 554 ratings
We (of course) break down the Court's opinions in Trump v. Anderson, the Section Three case from Colorado. We also discuss the Court's cert. grant on Trump's immunity from criminal prosecution, and several other opinions on the orders list, dealing with rent control, magnet school admissions, an...

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Votin' for Lincoln

Divided Argument - February 13, 2024 13:45 - 53 minutes ★★★★★ - 554 ratings
After quick review of an order about admissions at West Point and two new unanimous opinions, we spend almost all of the episode breaking down last week's oral arguments in Trump v. Anderson. What excuse will the Supreme Court use to keep Colorado from disqualifying Trump from the ballot?

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Into the Brick Wall

Divided Argument - January 11, 2024 14:11 - 1 hour ★★★★★ - 554 ratings
After catching up on a few odds and ends, we decide to give the people what they want and discuss Section Three of the Fourteenth Amendment and whether the Supreme Court could possibly declare Donald Trump ineligible for the Presidency. You won't want to miss it. 

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Muppetproof

Divided Argument - December 10, 2023 21:30 - 1 hour ★★★★★ - 554 ratings
We discuss the passing of Justice Sandra Day O'Connor, then turn to two interesting opinions on the shadow docket (in Griffin v. HM Florida and DuPont v. Abbott), and finally break down the Court's first merits opinion of the term in Acheson Hotels v. Laufer, at the intersection of standing and ...

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Easy Win

Divided Argument - November 16, 2023 16:06 - 1 hour ★★★★★ - 554 ratings
We discuss the Court's new Code of Conduct, catch up on shadow docket happenings, and debate what historians can teach originalists. We then recap the argument United States v. Rahimi, (the Term's big Second Amendment case). Finally, we stay on brand by circling back to Pulsifer v. United States...

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Good Dig

Divided Argument - October 27, 2023 17:53 - 1 hour ★★★★★ - 554 ratings
The October Term is now underway, and that means it's time for Season 4 of the show. We catch up on the inevitable shadow docket happenings before diving into a discussion of two cases that were argued earlier in the month. First, we dig into Acheson Hotels, LLC v. Laufer, and debate which juris...

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Screaming Clown

Divided Argument - September 18, 2023 16:37 - 1 hour ★★★★★ - 554 ratings
The Court hasn't done too much while the summer recess drags on, but we're back for what might be our last episode of Season 3 before Season 4 kicks off with the new Term. We manage to piece together an episode with some items from the mailbag, some SG gossip, and a few shadow docket happenings. 

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Lib Fanfiction

Divided Argument - September 01, 2023 09:00 - 1 hour ★★★★★ - 554 ratings
The Justices have beenoff  on their European vacations for a couple of months but we're still cranking out episodes breaking down last Term. We start off by discussion Will and Michael Stokes Paulsen's SSRN-breaking article arguing that Donald Trump is ineligible for the presidency under Section...

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Map Guy

Divided Argument - August 09, 2023 13:03 - 1 hour ★★★★★ - 554 ratings
We recap some shadow docket happenings and catch up on the latest SCOTUS ethics news before continuing our march through June opinions we missed. This time, we dive back into Indian law in Arizona v. Navajo Nation and try to make sense of private causes of action and the so-called Spending Claus...

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Triple Threat

Divided Argument - July 31, 2023 10:00 - 1 hour ★★★★★ - 554 ratings
What could be more unscheduled and unpredictable than our fourth episode in little more than a week? We briefly discuss the latest developments in the Mountain Valley Pipeline shadow docket dispute, and then revisit ethics controversies. Then, we continue marching through the June cases we misse...

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Dishonorable Tradition

Divided Argument - July 27, 2023 14:15 - 1 hour ★★★★★ - 554 ratings
We defy all predictions by releasing a third episode in a week. This time, we talk about the intersection of public accommodations law and the First Amendment in 303 Creative and the Confrontation Clause in Samia v. United States.

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Peak SG

Divided Argument - July 24, 2023 16:28 - 1 hour ★★★★★ - 554 ratings
In the spirit of keeping things unpredictable, we're back with a new episode barely days after the last one. This time, we take a deep dive into two jurisdiction-y cases in the Divided Argument wheelhouse: Jones v. Hendrix and Moore v. Harper. 

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My Despised World

Divided Argument - July 21, 2023 20:44 - 1 hour ★★★★★ - 554 ratings
After some inevitable self-flagellation for our lengthy hiatus, we catch up on some recent news and debate SCOTUS ethics. We then talk about implications of the Harvard/UNC affirmative action case, revisit Mallory v. Norfolk Southern, and break down the latest case captioned "United States v. Te...

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Lady Justice Isn’t Blind

Dissed - July 19, 2023 09:00 - 46 minutes ★★★★★ - 145 ratings
Lady Justice is often depicted wearing a blindfold, signifying that judges are neutral arbiters of the law. Unfortunately, thanks for a judicial doctrine known as Chevron deference, the Supreme Court has required judges to peek from behind that metaphorical blindfold and put a thumb on the scale...

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Demokratia

Divided Argument - June 28, 2023 21:29 - 1 hour ★★★★★ - 554 ratings
We record our first inter-continental episode, as Will reports in from a visit to Tel Aviv. We then dive in to two of this month's opinions: Haaland v. Brackeen, which rejects a series of challenges to the Indian Child Welfare Act, and United States v. Hansen, which upholds a federal immigration...

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Justified True Belief

Divided Argument - June 05, 2023 20:10 - 1 hour ★★★★★ - 554 ratings
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. 

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Pale Fire

Divided Argument - May 24, 2023 20:07 - 1 hour ★★★★★ - 554 ratings
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 Sotom...

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Break the Fourth Wall

Divided Argument - May 18, 2023 22:19 - 59 minutes ★★★★★ - 554 ratings
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. 

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Provocative Subtitle

Divided Argument - May 16, 2023 12:02 - 54 minutes ★★★★★ - 554 ratings
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 o...

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Creator of the Stars of Night

Divided Argument - May 06, 2023 19:02 - 1 hour ★★★★★ - 554 ratings
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 i...

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Best Suits

Divided Argument - April 24, 2023 16:28 - 49 minutes ★★★★★ - 554 ratings
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.

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A Ripsnorting Dissent

Dissed - April 05, 2023 09:00 - 40 minutes ★★★★★ - 145 ratings
The government’s deprivation of life, liberty, or property is legitimate only if preceded by certain procedural protections—better known as due process of law. This includes reasonable notice of the rules so citizens can know and follow them. But a 1947 Supreme Court decision gave the burgeoning...

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A Chanting of Morrison v. Olson

Divided Argument - April 03, 2023 16:54 - 1 hour ★★★★★ - 554 ratings
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 ...

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The Buck Stops with the President

Dissed - March 08, 2023 10:00 - 38 minutes ★★★★★ - 145 ratings
The federal government is brimming with hundreds of agencies and millions of employees, many of whom enjoy some independence from political accountability. But the President is supposed to be responsible for everything that happens in his branch of the government. With the creation of more and m...

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Mr. Jurisdiction

Divided Argument - March 06, 2023 16:17 - 1 hour ★★★★★ - 554 ratings
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 t...

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Least Incorrect

Divided Argument - February 18, 2023 19:55 - 1 hour ★★★★★ - 554 ratings
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 challenge...

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Marching Orders

Divided Argument - February 11, 2023 17:58 - 1 hour ★★★★★ - 554 ratings
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. 

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