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Divided Argument
Will Baude, Dan Epps
107 episodes
1 day ago
An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.
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Government
News,
Politics
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All content for Divided Argument is the property of Will Baude, Dan Epps and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.
Show more...
Government
News,
Politics
Episodes (20/107)
Divided Argument
Bedrock Con Law 101
We're joined by Michigan law professor Richard Primus to talk about his new book, "The Oldest Constitutional Question: Enumerated and Federal Power." Richard describes one of the the most widespread beliefs about constitutional law -- that the federal government is one of limited, enumerated powers -- and why he thinks it is actually wrong. Along the way, we discuss methods of constitutional interpretation, the relationship between the official story of the law and legal practice, and wrestle with the surprisingly hard question of how many congressional powers are listed in the Constitution.
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1 day ago
1 hour 7 minutes

Divided Argument
Originalism Hulk
Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis v. United States and Thompson v. United States, two interesting federal criminal law puzzles.
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3 weeks ago
1 hour 26 minutes 44 seconds

Divided Argument
The Country of the Future
We finally circle back to the two big structural constitutional law cases from the last day of the term. First is Kennedy v. Braidwood Management, which upheld the appointment structure of the U.S. Preventative Services Task Force under the Affordable Care Act. Then is FCC v. Consumers' Research, which upheld the universal-service contribution scheme against a pair of non-delegation challenges. Our second-longest episode of the season.
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1 month ago
1 hour 30 minutes 32 seconds

Divided Argument
The Thunder Docket
Acting with unpredictable alacrity and unpredictable brevity, we break down the Supreme Court's recent interim order in Trump v. Boyle, and discuss what it means for the unitary executive, and for the shadow docket. We also debate the best name for the Court's emergency/interim orders docket.
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1 month ago
30 minutes 50 seconds

Divided Argument
Snake-Charmer-Specific
Moving with shockingly unpredictable efficiency, we respond to feedback, debate which of us is more composting-friendly, catch up on the emergency docket, and chip away at our end-of-Term backlog by digging into Diamond Alternative Energy v. EPA.
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1 month ago
1 hour 3 minutes 55 seconds

Divided Argument
Didactic and Inculcatory
We look at the final orders list before summer break, and then continue to work through last month's opinions, this time with an extended analysis of two decisions about children and culture wars -- Mahmoud v. Taylor (religious objections to LGBTQ+-inclusive books) and Free Speech Coalition v. Paxton (age verification for accessing online pornography).
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1 month ago
1 hour 29 minutes 16 seconds

Divided Argument
Schrödinger's Innocence Right
We talk a bit more about Trump v. CASA, revisit the usage of "general," answer some voicemails, and then turn to Gutierrez v. Saenz, a procedural tangle about whether a death row inmate can sue a state prosecutor over access to DNA testing.
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1 month ago
1 hour 16 minutes 41 seconds

Divided Argument
Why Are We Here?
We celebrate the 100th episode of the podcast with a special cross-over episode with Sarah Isgur at Advisory Opinions! Sarah, Will, and Dan break down today's blockbuster decision in Trump v. CASA, forbidding universal injunctions (and not saying much about birthright citizenship).
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2 months ago
1 hour 12 minutes 23 seconds

Divided Argument
Loose Signification
We're joined by a special guest, Harvard Law Professor Stephen Sachs, to talk about Fuld v. Palestine Liberation Organization. Fuld is last week's big personal jurisdiction case, where the Court upheld federal laws extending jurisdiction to the PLO and PA for antiterrorism lawsuits. The author of several important articles on these issues and an amicus brief in Fuld, Steve gives us his take on the relationship between personal jurisdiction, international law and due process, and helps us evaluate the majority opinion and Justice Thomas's concurrence.
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2 months ago
1 hour 2 minutes 5 seconds

Divided Argument
Caesar's Face
After some feedback and further thoughts on our Skrmetti episode and a shocking revelation about "LabCorp," we circle back to an earlier June opinion about religious distinctions, Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission. Dan keeps Will up past his bedtime.
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2 months ago
1 hour 4 minutes 2 seconds

Divided Argument
Low Horse
Without much introductory ado, we interrupt Will's vacation to give you a thorough breakdown of United States v. Skrmetti, the trans health care case that is one of the most-watched cases of the term.
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2 months ago
1 hour 13 minutes 26 seconds

Divided Argument
Truth and Reconciliation
We start out by debating who's responsible for Dan's audio snafus last time before digging into a various odds and ends, such as the Chief Justice's toast at the Supreme Court Historical Society dinner and President Trump's renunciation of Leonard Leo and the Federalist Society. We then try to make sense of the DIG in Labcorp v. Davis and see whether our predictions about Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos panned out.
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2 months ago
57 minutes 26 seconds

Divided Argument
Delete This. Call Me.
With apologies for Dan's horrendous audio quality: we catch up on the latest emergency-docket happenings and debate whether Trump v. Wilcox is a big deal or small potatoes. We also catch up on listener feedback and, for the first time in a long time, play a couple of messages received on our voicemail line (314-649-3790 for anyone else who wants to chime in).
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2 months ago
1 hour 19 minutes 4 seconds

Divided Argument
Gorsuch Genie
We're joined by NYU law professor Rachel Barkow to talk about her new book, "Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration." Listen to learn about five (or six) Supreme Court cases that arguably ignored the original meaning of the Constitution to enable our current policing and punishment practices. Along the way, a hypothetical genie offers Professor Barkow a very tough tradeoff.
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3 months ago
1 hour 6 minutes 54 seconds

Divided Argument
Friends with Oprah Winfrey
We're back with another unexpectedly short and timely episode, focusing on last Friday's emergency docket decision in AARP v. Trump. We also spend a few minutes on a few other orders: the administration's partial victory in Noem v. National TPS Alliance and a puzzling mass recusal.
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3 months ago
49 minutes 1 second

Divided Argument
A Trees Guy in a Forest Court
We reflect on the death of Justice Souter and sort out some loose ends from the last episode. We then dig into the Court's only opinion from Thursday, Barnes v. Felix, which we previewed with friend of the show Orin Kerr back in February at Stanford. Along the way we make a short detour into generative AI and its potential for SCOTUS research. Most importantly, we react to the oral argument in Trump v. Casa, the shadow docket case about (or, not about?) President Trump's birthright citizenship executive order.
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3 months ago
1 hour 54 seconds

Divided Argument
Moot, Wrong, and Irrelevant
The shadow docket strikes once again! We break down the Court's unusual immigration ruling in AARP v. Trump (no, not that AARP!), and then briefly discuss the much-heralded ERISA case (Cunningham v. Cornell). But first we discuss some blog news, some SCOTUS news, and some SCOTUSblog news.
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4 months ago
1 hour 9 minutes 33 seconds

Divided Argument
Vaxxed and Relaxed
We have another short administrative law episode, analyzing the Supreme Court's decision about e-cigarettes in FDA v. Wages and White Lion. But first we field some listener pushback about facial challenges in administrative law, and discuss the shadow docket ruling, and ensuing fallout, in Noem v. Abrego Garcia.
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4 months ago
56 minutes 14 seconds

Divided Argument
In Whack ASAP
Thanks to the Harvard Law Review, we recorded a live episode in the famed Austin Hall at Harvard Law School. While we hoped to discuss merits cases, the Court gave us far too much shadow docket activity to break down.
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4 months ago
59 minutes 1 second

Divided Argument
Sufficiently IKEA-like
We are back with an unexpectedly concise episode focused on last week's "ghost guns" decision, Bondi v. Vanderstok. But first we talk about the calls to reconsider the Court's Confrontation Clause doctrine and also return to the number of votes needed to call for the views of the Solicitor General (CVSG).
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5 months ago
48 minutes 17 seconds

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