Divided Argument

Will Baude, Dan Epps
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8 snips
Jan 16, 2026 • 54min

Lake Shrimp

The hosts delve into the Supreme Court's latest opinions on election law and the Fourth Amendment. They dissect Bost v. Illinois, where the Court ruled on candidate standing in vote-counting disputes, sparking debate about voters versus candidates. Next, Case v. Montana introduces the emergency-aid doctrine, leading to discussions on evidentiary standards and Justice Sotomayor's insights on de-escalation. The episode blends legal analysis with humor, all while revealing a generous donation to the Constitutional Law Institute.
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4 snips
Jan 12, 2026 • 1h 19min

The Marshal and the Margarine

Delve into the intriguing world of legal discourse with a focus on the interim docket in the Trump v. Illinois case. The hosts explore the balance between narrow and broad dissenting styles among justices. Engage in a lively debate about the implications of undoing Erie and what it means for federal officers. Discover the controversial dynamics of state prosecutions and federal immunity, while examining the Court's latest decisions and strategic motives. All this, sprinkled with personal anecdotes and reflections on the shifting landscape of law.
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11 snips
Dec 19, 2025 • 1h 17min

Non-Cake Physical Object

The hosts dive into a month of Supreme Court shadow docket activity, discussing recent summary reversals and the Texas gerrymandering case. They tackle the significance of the new SCOTUSblog interim docket blog and debate the implications of the 'interim docket' label. With intriguing anecdotes about kids and non-cake cake creations, they also delve into curious circuit issues and Justice Sotomayor's perspectives on reasonable doubt. The episode wraps up with a thoughtful examination of potential redistricting reforms and the future of gerrymandering.
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Nov 20, 2025 • 55min

Counter-Counter-Counter-Designations

Join a lively discussion recorded live from a unique venue as legal experts dive into pressing civil procedure topics. Explore the intricacies of the Coney Island case, focusing on void judgments and the ethical implications of litigation offers. Then, pivoting to LabCorp, they dissect accessibility issues and class action dynamics, questioning how standing impacts certifications. Delve into whether poor advocacy can lead to malpractice claims and what it means for class definitions in the legal landscape.
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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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