Divided Argument

Will Baude, Dan Epps
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14 snips
Nov 15, 2025 • 1h 18min

Proximity Mines in the Facility

Dive into a lively discussion about the Supreme Court's interpretation of 'regular forces' in a high-stakes case involving the National Guard. The hosts hilariously reminisce about 90s video games, particularly GoldenEye, while debating the nature of originalism in law. They tackle pressing topics like sex-at-birth policies on passports and the profound implications of Justice Jackson's dissent on emergency stays. Expect engaging insights on legal procedures, statutory interpretations, and even nostalgic gaming strategies!
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5 snips
Oct 31, 2025 • 1h 4min

Crazy Half-Drunk Unreliable Research Assistant

The hosts kick off the season with intriguing discussions about the shadow docket and its implications for the Trump administration. They delve into the reliability of ChatGPT for legal research and correct previous misconceptions about law clerk demographics. Academic travels and speaking invitations highlight the latest trends in legal education. Key cases involving immigration, parental rights, and the Supreme Court's operational status during a shutdown are explored, along with a critique of recent judicial decisions.
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9 snips
Oct 3, 2025 • 53min

Proust or Plato

Justin Driver, a Yale Law professor and author of *The Fall of Affirmative Action*, dives into pressing issues surrounding higher education and race. He discusses the implications of the Supreme Court's decision on affirmative action, presenting both conservative critiques and their counterarguments. Driver highlights how admissions policies shape students' belonging and explores the nuances of evaluating race-related essays. The conversation also covers the historical context of elite hiring and the future of diversity in law clerks, sparking thought-provoking insights on systemic change.
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9 snips
Sep 11, 2025 • 1h 17min

Byzantine Wall

The discussion kicks off with a humorous look at the latest Supreme Court rulings, emphasizing the podcast's dedication to ongoing dialogue. The hosts dive into the complexities of judicial dockets and recent legal battles over research grants. They analyze the implications of rulings during the Trump era and the shadow docket's impact on constitutional law. Immigration raids spark a conversation on racial profiling and civil rights. Justice Kavanaugh's views on executive power raise eyebrows, particularly regarding immigration policies and the rule of law.
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12 snips
Aug 29, 2025 • 1h 7min

Bedrock Con Law 101

In this intriguing discussion, Richard Primus, a Michigan Law professor and author of 'The Oldest Constitutional Question,' challenges the belief in the federal government's limited powers. He explores how constitutional interpretation can vary greatly and the disconnect between legal narratives and actual practices. Primus invites listeners to reconsider the implications of the Tenth Amendment, the complexities of originalism, and how historical context shapes our understanding of federal authority, emphasizing the nuanced dynamics at play in constitutional law.
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24 snips
Aug 9, 2025 • 1h 27min

Originalism Hulk

In this enlightening discussion, the hosts tackle intriguing legal puzzles and the complexities of Supreme Court opinions. They humorously reflect on past predictions and political frustrations, while exploring the nuances of redistricting and its ties to the Voting Rights Act. The dynamics of fraud are examined through various examples, revealing the challenges of trust in legal dealings. They also dive into the ethics of deception, highlighting the complexities of 'stolen valor' and how authenticity plays a significant role in both law and literature.
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7 snips
Jul 28, 2025 • 1h 31min

The Country of the Future

Explore the quirks of government acronyms with a hilarious pronunciation debate. Delve into the implications of kayakers protesting against a Supreme Court justice and the complexities of civil rights protests. Unpack the challenges of agency independence and the non-delegation doctrine while navigating legal nuances in telecommunications. Discover how mootness impacts gun law contexts and the balance between legislative power and agency discretion. All of this, wrapped up with a lighthearted look at Brazil as the 'country of the future'!
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4 snips
Jul 25, 2025 • 31min

The Thunder Docket

The podcast dives into the Supreme Court's interim order in Trump v. Boyle, discussing its implications for executive power and the enigmatic shadow docket. The hosts debate the best terminology for emergency orders while navigating the complexities of legal precedents and agency powers. They reflect on judicial responses to COVID-19, highlighting confusion in rulings and the balance between urgency and clarity. The conversation also touches on the evolving dynamics between government branches and the recent court decisions impacting voting rights.
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8 snips
Jul 19, 2025 • 1h 4min

Snake-Charmer-Specific

The hosts dive into the Supreme Court's summer recess actions, analyzing its decision-making evolution. They blend humor with legal insights, sharing anecdotes about historical figures while debating strategic lawyering. Parenting styles spark laughter as they contrast traditional and progressive methods, engaging with listener feedback. The complexities of judicial rulings during the Trump era come to light, alongside discussions on ethical drug use and food regulation. A provocative dissent highlights tensions between corporate interests and marginalized communities.
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8 snips
Jul 8, 2025 • 1h 29min

Didactic and Inculcatory

The hosts delve into recent Supreme Court rulings, highlighting controversies surrounding LGBTQ+ education and parental rights. They analyze the complexities of legal objections tied to cultural wars, especially regarding age verification for online content. Discussions also tackle the delicate balance of free speech, obscenity laws, and historical legal precedents. With insights on educational neutrality and the challenges of accommodating diverse beliefs, this conversation reveals the ongoing battles within the intersecting realms of law, culture, and society.

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