

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

13 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.

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'!

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.

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.

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.

8 snips
Jul 2, 2025 • 1h 17min
Schrödinger's Innocence Right
Dive into a gripping discussion about high-stakes Supreme Court cases like Trump v. CASA and Gutierrez v. Saenz. Explore the complexities of legal education, clerkship dynamics, and the philosophical battleground of originalism. Enjoy listener insights, from playful critiques to thoughtful reflections on due process and DNA evidence in capital cases. The hosts balance serious legal discourse with lighter pop culture banter, examining how films like 'X-Men' and 'Star Wars' shape their conversations about justice.

8 snips
Jun 27, 2025 • 1h 12min
Why Are We Here?
Join attorney and political commentator Sarah Isgur as she dives into the latest Supreme Court ruling in Trump v. CASA. She unpacks the implications of birthright citizenship and challenges posed by nationwide injunctions. The discussion reveals the tensions within the judiciary, particularly between Justices Barrett and Jackson. They also explore the complexities of the shadow docket and the rising polarization surrounding judicial appointments. Plus, celebrate a milestone with reflections on the podcast's journey and what's ahead!

6 snips
Jun 26, 2025 • 1h 2min
Loose Signification
Harvard Law Professor Stephen Sachs, an expert in civil procedure and constitutional law, joins to dissect the Fuld v. Palestine Liberation Organization case. He explains the implications of personal jurisdiction and international law in federal courts regarding antiterrorism lawsuits. The discussion includes the complexities of asserting jurisdiction over international entities and the evolving rules around due process. Sachs also touches on the legal status of the Palestinian Authority and the challenges U.S. courts face when it involves foreign entities.

9 snips
Jun 25, 2025 • 1h 4min
Caesar's Face
The hosts humorously navigate a significant Supreme Court case involving religious non-profits and unemployment insurance. They delve into the complexities of LGBTQ+ rights and the struggles of legal interpretations surrounding them. The conversation highlights the nuances of language in law and the challenges faced by religious organizations in maintaining their autonomy within a secular framework. Additionally, they address how tax laws impact various faiths, sparking thoughtful reflections on fairness and equality in religious practices.

Jun 21, 2025 • 1h 13min
Low Horse
Dive into a thorough breakdown of the significant U.S. Supreme Court case, exploring its implications on trans healthcare and youth treatment. Discover the complexities of discrimination law and how evolving understandings of gender influence judicial decisions. The hosts cleverly balance humor with serious discussions on legal scrutiny, equal protection, and the dynamics of justices in tackling LGBTQ+ rights. Tune in for a blend of insightful analysis and engaging listener interactions.