Divided Argument

Feb 27 2025 86 ep. 69 mins 485
Divided Argument Podcast artwork

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

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Natural Side Effect

Feb 27 2025 80 mins  
Back in the studio after a couple of fun live shows, we discover that the Court has finally given us too much to talk about. We discuss the new Trump Administration's first shadow docket adventure, a number of interesting solo opinions from the orders list, the decline in summary reversals, and the overall quality of oral advocacy before the Court. We then take a deep dive into the

Hypothetical Unicorn

Feb 14 2025 64 mins  
Divided Argument is live from the Northwestern Pritzker School of Law, hosted by the Northwestern Federalist Society! We discuss whether we are in the middle of a constitutional crisis, the coming demise of Humphrey's Executor, and various shadow docket developments. Then we preview the issues at stake in next month's oral argument about firearms liability, Smith & Wesson v. Estado

Double Negatives

Jan 30 2025 67 mins  
Divided Argument is live from Stanford Law School, hosted by the Stanford Constitutional Law Center! We review an unusual summary reversal in a capital habeas case and the latest universal injunction developments, and discuss some of the implications of the change in administration. After that, we are joined by a very special guest to discuss the recent arguments in the excessive f

Reference Check

Jan 19 2025 65 mins  
In unpredictable fashion, we record a shockingly timely episode to reflect on the Court's hasty per curiam in the TikTok case. Along the way, we catch up on the shadow docket happenings, manage not to get derailed by an ethics discussion, discover a surprising opinion revision in real time, and break down the Court's opinion in Royal Canin U. S. A. v. Wullschleger. Most importantly

Aide-de-camp

Dec 17 2024 70 mins  
After an unpredictably long hiatus, we're back to talk about what we missed. We debate the off-the-rails FedSoc panel Dan was on, work through some shadow docket happenings and the Court's two recent DIGs, ponder the implications of the election on the Court, and briefly discuss the first merits opinion of the Term, Bouarfa v. Mayorkas.

Separation-of-Powers Police

Sep 26 2024 72 mins  
After a long hiatus, we're particularly unpredictable with an episode that isn't about the Supreme Court. We're joined by NYU law professor Daryl Levinson to talk about his exciting and important new book on constitutional theory, Law For Leviathan: Constitutional Law, International Law, and the State. Listen to learn why the Supreme Court's constitutional pronouncements on separat

Not the Best Founder

Aug 09 2024 76 mins  
We take a long last look at two more end-of-term cases, where the Court made news with what it did NOT decide: Moyle v. United States (the abortion/EMTALA case), and Moody v. Net Choice (state regulation of social media). But first, a bit of debate about some prominent figures in constitutional history.

Hype Music

Aug 05 2024 62 mins  
Unpredictably, our recent torrent of episodes continues. We take a deep dive into Moore v. United States, which addressed the scope of Congress's constitutional power to tax.

Reticulated Python

Aug 01 2024 71 mins  
We continue our breakneck pace and dig into two substantive criminal law opinions: Fischer v. United States and Snyder v. United States.

Ultimatum Game

Jul 29 2024 58 mins  
We're back just a few days after our last episode to dive in to Harrington v. Purdue Pharma, a 5-4 decision about the power of the bankruptcy system to release claims against third parties.