Divided Argument

🎙️ New episode: "Shoe of Damocles" We're back with two SCOTUS standing rulings: the mail-ballot order stays, the ballroom build continues. https://dividedargument.com/podcast/divided-argument/episode/shoe-of-damocles

🎙️ New episode: "A Thriving Atrocities Practice " We dig into Cisco Systems v. Doe (the ATS case), Alito's interview, birthright citizenship, and record-low approval. https://dividedargument.com/podcast/divided-argument/episode/a-thriving-atrocities-practice

🎙️ New episode: "Very Civilized Orangutans" We debate Magneto's powers, S tier origins, and Hunter v. United States on plea bargain appeal waivers. https://dividedargument.com/podcast/divided-argument/episode/very-civilized-orangutans

🎙️ New episode: "Ice by Magneto" We dig into West Virginia v. B.P.J. & Little v. Hecox on trans athletes in girls' sports, plus a new cert grant. https://dividedargument.com/podcast/divided-argument/episode/ice-by-magneto

🎙️ New episode: "The Based Direction" We're back from vacation, talking AI cover art, Claude's prediction scorecard, and Rooker-Feldman's surprise return. https://dividedargument.com/podcast/divided-argument/episode/the-based-direction

🎙️ New episode: "Norway-Sweden Worshippers" We cover two immigration rulings: ending TPS for Haiti/Syria, and whether migrants at the border 'arrive in' the US. https://dividedargument.com/podcast/divided-argument/episode/norway-sweden-worshippers

🎙️ New episode: "Smart Microwave" We dig into Chatrie v. United States, the Court's big geofence-warrant Fourth Amendment ruling, plus a quick hit on the Totenberg embargo mess and a Justice Thomas memoir update. https://dividedargument.com/podcast/divided-argument/episode/smart-microwave

🎙️ New episode: "Weird Islands" We cover Trump v. Barbara, the birthright-citizenship ruling, break down four very different dissents, plus a Landor GVR and a wild Nina Totenberg rumor. https://dividedargument.com/podcast/divided-argument/episode/weird-islands

🎙️ New episode: "Always Already" We dig into Trump v. Slaughter—overruling Humphrey's Executor—and Trump v. Cook, which somehow spares the Fed. What makes the Fed different? https://dividedargument.com/podcast/divided-argument/episode/always-already

🎙️ New episode: "Mechanical / Animal" We're in triage mode as SCOTUS clears its backlog. We dig into Wolford v. Lopez, Pung v. Isabella County, a Landor flip theory, and the week's 6-3 wins. https://dividedargument.com/podcast/divided-argument/episode/mechanical-animal

🎙️ New episode: "Watch Snobs" We dig into a Thomas pun, Alito clerk rumors, judicial estoppel's 1857 roots, a faked FBI document, and Yellowstone's 'zone of death.' Fun stuff. https://dividedargument.com/podcast/divided-argument/episode/watch-snobs

🎙️ New episode: "Impregnable Citadel of Technicality" We dig into Pitchford v. Cain, unpack Whitton v. Dixon, break down Allen v. Milligan updates, and wrap up with SEC v. Sripetch on disgorgement. https://dividedargument.com/podcast/divided-argument/episode/impregnable-citadel

🎙️ New episode: "Smooth Stone in the River" We cover SCOTUS developments: a summary reversal, Kavanaugh's student note vindicated, compassionate release cases, and a capital punishment DIG. https://dividedargument.com/podcast/divided-argument/episode/smooth-stone-in-the-river

🎙️ New episode: "Ninja Court Packing" Live from ALI with guest Pam Karlan! We dig into Alabama's GVR, mifepristone cases, Virginia redistricting, exec power, and more. https://dividedargument.com/podcast/divided-argument/episode/ninja-court-packing

🎙️ New episode: "Majordoma" We dig into Louisiana v. Callais, the Court's big new Voting Rights Act ruling—what it said, what it quietly overruled, and why it matters way beyond Louisiana. https://dividedargument.com/podcast/divided-argument/episode/majordoma

🎙️ New episode: "Even Eve-ier" We cover leaked SCOTUS memos, shadow docket reversals, Sotomayor's Kavanaugh apology, and a contractor preemption case narrowing a Scalia opinion. https://dividedargument.com/podcast/divided-argument/episode/even-eve-ier

🎤 NEW EPISODE 📷: "Betty Boop or Shakespeare" With uncharacteristic promptness, we take a deep dive into the tariffs decision. dividedargument.com/episodes/bet...

🎧 NEW EPISODE 🎤: "Bok Choy" We're shockingly efficient as we break down the merits opinions in Coney Island, Berk v. Choy, and Ellingburg v. US, while also looking at Justice Jackson's broadside against "martinization." dividedargument.com/episodes/bok...

NEW EPISODE: "The Marshal and the Margarine" We catch up on 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. dividedargument.simplecast.com/episodes/the...

NEW EPISODE: "Counter-Counter-Counter-Designations" Live from Wilkinson Stekloff's attorney retreat, we dive into the legal (and ethical?) issues in Coney Island Auto Parts Unlimited v. Burton before revisiting last Term's DIG'd case LabCorp v. Davis. dividedargument.simplecast.com/episodes/cou...

“I really do believe that we are in the midst of seeing, or perhaps more accurately, not seeing a lost generation of Black students at elite colleges.” 🎧 Justin Driver joined @dividedargument.bsky.social to talk about his new book THE FALL OF AFFIRMATIVE ACTION podcasts.apple.com/us/podcast/p...

Can Trump rewire how Medicare pays for drugs without going to Congress? Read "Cutting Prices by Fiat" by Professor @nbagley.bsky.social in @dividedargument.bsky.social blog.dividedargument.com/p/cutting-pr...

NEW EPISODE: "Originalism Hulk" It's fraud day as we dig into Kousis v. US and Thompson v. US! dividedargument.simplecast.com/episodes/ori...

I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link): www.nytimes.com/2025/07/16/u...

Short 🧵👇: Thanks to @williambaude.bsky.social for shouting out my Minn. L. Rev. (@umnlawschool.bsky.social) article, Not-So-Special Solicitude, in Friday's crossover @dividedargument.bsky.social & Advisory Opinions (@thedispatchmedia.bsky.social) episode... 1/3 dividedargument.com/episodes/why...

"Divided Argument" with @epps.bsky.social and @williambaude.bsky.social is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff. dividedargument.com/episodes/did...

NEW EPISODE: "Truth and Reconciliation" We play a blame game for Dan's audio snafus last time, catch up on odds and ends like the Chief Justice's Historical Society toast, dig into the Labcorp DIG, and break down Smith & Wesson. dividedargument.simplecast.com/episodes/tru...

NEW EPISODE: "Delete This. Call Me." With apologies for Dan's horrendous audio quality, we catch up on the emergency docket, debate Trump v. Wilcox, talk about prediction markets, play a couple voicemails, and more! dividedargument.simplecast.com/episodes/del...

NEW EPISODE: "Gorsuch Genie" We're joined by NYU Prof ‪@rachelbarkow.bsky.social‬ to discuss her new book, "Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration." dividedargument.simplecast.com/episodes/gor...

A characteristically thoughtful response to the Supreme Court argument over nationwide injunctions in the Birthright Citizenship case by Mila Sohoni. blog.dividedargument.com/p/guest-post...

My latest on the @dividedargument.bsky.social blog: "Trump 2.0 and the Supreme Court Reform Debate" open.substack.com/pub/divideda...

NEW EPISODE: "A Trees Guy in a Forest Court" We break down the opinion in Barnes v. Felix, react to the oral argument in Trump v. CASA, make a detour into AI, and more! dividedargument.simplecast.com/episodes/a-t...

My latest in the @dividedargument.bsky.social blog, riffing on a footnote in JHW's Abrego Garcia opinion: blog.dividedargument.com/p/in-the-tru...

NEW EPISODE: “Vaxxed and Relaxed” We discuss FDA v. Wages & White Lion, follow up on Abrego Garcia, respond to tough feedback, and more! dividedargument.simplecast.com/episodes/vax...

Listen to the very end for @williambaude.bsky.social's reminder that, as to disqualification of Trump under section 3 of the 14th amendment, "it's not too late." (The best case to raise the argument might be a lawsuit by Jerome Powell in the event Trump tries to fire him as Fed Chair.)

NEW EPISODE: "In Whack ASAP" Live from Harvard Law School thanks to the Harvard Law Review, we break down the Court's latest shadow docket activity. dividedargument.simplecast.com/episodes/in-...

Shout out to @dividedargument.bsky.social for the Supreme Court podcast’s funniest moment ever, in which @williambaude.bsky.social and @epps.bsky.social note SCOTUS’s recent peak shadow docket opinion, in which the Court did nothing for no reason, and it was still 5-4

NEW EPISODE: "Natural Side Effect" We take a deep dive into Glossip v. Oklahoma, discuss the new Trump Administration's first shadow docket adventure, ponder some interesting opinions from the orders list, and more. dividedargument.simplecast.com/episodes/nat...

As TikTok goes dark, Dan and I discuss the TikTok case ….

NEW EPISODE: "Reference Check" We provide unpredictably hot takes on the TikTok case, break down Royal Canin, and discover an opinion revision in real time. Most importantly, the listeners help Dan collect on an unwise bet by Will. dividedargument.simplecast.com/episodes/ref...

SURPRISE! New episode of Divided Argument: https://buff.ly/3VIsb9x

NEW EPISODE (finally!): "Aide-de-camp" After saying sorry not sorry for our accidental hiatus, we discuss @epps.bsky.social's wild FedSoc panel, the Court's recent DIGs, other shadow docket activity, what the election might mean for the Court, + more! dividedargument.simplecast.com/episodes/aid...