Divided Argument

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Rating
4.8
from
547 reviews
This podcast has
63 episodes
Language
Explicit
No
Date created
2021/05/15
Average duration
76 min.
Release period
19 days

Description

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

Podcast episodes

Check latest episodes from Divided Argument podcast


Votin' for Lincoln
2024/02/13
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
2024/01/11
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
2023/12/10
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 mootness. Will also expresses skepticism about Dan's latest AI habit.
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Easy Win
2023/11/16
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 from the October sitting, where the Justices puzzled over deep questions about statutory interpretation.
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Good Dig
2023/10/27
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 jurisdictional ground the Court will rely on to get rid of the case. Then, we give the people what they want and talk about admiralty law in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC.
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Screaming Clown
2023/09/18
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
2023/09/01
The Justices have been 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 3 of the Fourteenth Amendment. We then break down a couple of shadow-docket happenings involving "ghost guns" and the Purdue bankruptcy. We then finally clear our backlog of June opinions by discussing two last opinions: Coinbase v. Bielski, which involves the intersection of arbitration and appellate jurisdiction, and Groff v. DeJoy, which importantly clarified employers' obligations to provide religious accommodations to employees under Title VII of the Civil Rights Act of 1964.
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Map Guy
2023/08/09
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 Clause in Health and Hospital Corporation of Marion County v. Talevski. Along the way, Will reveals his closet cartographical interests.
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Triple Threat
2023/07/31
What could be more unscheduled and unpredictable than our fourth episode in little more than a week? We briefly discuss the jurisdictional complexities in the Mountain Valley Pipeline shadow docket dispute, and then revisit recent ethics controversies. Then, we continue marching through the June cases we missed. We talk about the First Amendment's "true threats" exception in Counterman v. United States, and then ponder the two student loan cases, Biden v. Nebraska and Department of Education v. Brown.
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Dishonorable Tradition
2023/07/27
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
2023/07/24
In the spirit of keeping things unpredictable, we're back with a new episode barely three 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
2023/07/21
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. Texas."
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Podcast reviews

Read Divided Argument podcast reviews


4.8 out of 5
547 reviews
LMALAW 2024/02/14
$29.99 an episode doesn’t get you what it used to — 5 stars
I pay good money for this podcast, tuned in to hear your thoughts on the Section 3 argument, and I don’t even get to hear Will’s reaction to Justice K...
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Jason Orendorff 2023/11/27
The Best Supreme Court Podcast for You (Yes, You)
I can’t do this one justice. It’s a couple of constitutional law professors discussing the Supreme Court’s doings. Medium takes and very good short ba...
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thewaiterfromsandiego 2023/11/25
Give us more
Probably the best legal podcast out there. The discussion is always interesting. Will and Dan are entertaining and always presenting arguments in the ...
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all5horizons09 2023/11/04
Great Show, Could Be Even Better
I love this show, easily my favorite legal podcast. Instead of ranting about why, I would rather offer some constructive feedback. Please stop with th...
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SSJJ119966 2023/10/31
Overall Amazing
This is one of my go to podcasts about the Supreme Court and I love how two people with different opinions are able to converse in such a civil and ad...
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Chiroptera666 2023/10/03
Not a voicemail in song form but
Following through on Dan and Will’s request to say nice things about them. Dan and Will are both insightful, witty, and undogmatic. Plus, the vibe of...
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Also a nerd 07 2023/09/29
Brilliance and good humor
This is simply a fabulous podcast. Will Baude is brilliant and Dan Epps is definitely also a person, and they bring a depth of expertise and insight t...
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MCon11 2023/09/28
I downloaded the Podcasts app just to leave this review
This podcast is one of my favorite things. I truly look forward to every new episode. Dan and Will always add so much nuance and enjoyment to everythi...
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Second Factor First 2023/09/20
Dan is a Constitutional Quaker
There’s an old Quaker joke based on a talk given by Quaker theologian Pink Dandelion (that is his real name). For a variety of theological reasons (n...
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poblin 2023/09/22
Non-lawyer law nerd here
I put Amarica’s Constitution on ahead of anything each week because I’m less of a law nerd and more of a Constitution and America’s founding nerd. For...
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