

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

Aug 5, 2024 • 1h 3min
Hype Music
Dive into the intriguing intersection of music and constitutional interpretation. Discover how tunes inspire educators to teach the Constitution. Explore the Socratic method's influence on legal education and Supreme Court dynamics. Unpack the complexities of taxation in light of recent court opinions and the 16th Amendment. The hosts tackle historical texts and the application of corpus linguistics, shedding light on the nuanced challenges within modern tax law. Expect humor and critical insights into the future of taxation and constitutional interpretations.

Aug 1, 2024 • 1h 12min
Reticulated Python
Dive into the intricacies of criminal law as two key cases are explored in relation to January 6th. Discover President Biden’s proposed Supreme Court reforms and their potential political fallout. The podcast tackles complex legal interpretations surrounding obstruction of justice and the Sarbanes-Oxley Act. Ethical dilemmas arise as bribery and gratuities are dissected through landmark decisions. Delve into mens rea, where negligence meets recklessness, and unravel the nuances of judicial dissent and statutory language.

Jul 29, 2024 • 59min
Ultimatum Game
Dive into the intriguing world of judicial ethics and the challenges of Supreme Court oversight. Explore the complex bankruptcy case of Purdue Pharma amidst the ongoing opioid crisis. Discover how the psychology of fairness shapes decision-making in social interactions through the lens of the ultimatum game. Unpack the intricacies of bankruptcy law and the critical implications of Justice Kavanaugh's interpretations. Lastly, venture into the political and legal enigmas surrounding the Jersey Islands and their governance.

Jul 26, 2024 • 1h 12min
Libertarian Legal Morality Tales
As the dust settles on the end of the term, we look back to examine two of the Court's criminal procedure cases: Smith v. Arizona (applying the Confrontation Clause to expert testimony) and Diaz v. United States (interpreting Federal Rule of Evidence 704(b)) after a brief discussion of AI, political developments, and judicial robes.

Jul 19, 2024 • 1h 25min
Evil Batman
After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (overruling Chevron) and Corner Post v. Board of Governors (time limits for challenges to regulations). We try to figure out just how disruptive these decisions will be for the administrative state and somehow manage not to waste half the episode debating Supreme Court ethics.

Jul 4, 2024 • 1h 15min
Back on the Island
The podcast delves into the Trump v. United States case, exploring legal decisions, presidential powers like the pardon power, immunity challenges, prosecution evidence, and the role of the Chief Justice. They debate statutory arguments, high-profile cases, and speculate on past justices' actions, all while engaging in lively discussions and enthusiastic banter.

Jun 30, 2024 • 1h 34min
Hope Springs Eternal
We break down SEC v. Jarkesy and City of Grants Pass v. Johnson.

Jun 26, 2024 • 1h 8min
Felony-Adjacent
The podcast discusses Supreme Court cases on gun laws and jury sentencing, with insights on separate opinions, tiers of scrutiny in constitutional interpretation, post-enactment history, and the debate between concurrent and consecutive sentences. It also touches on Justice Ginsburg's rulings, tax system concerns, feedback on podcast content, and academic funding impact.

Jun 20, 2024 • 1h 28min
Small Victories
The podcast discusses Supreme Court decisions on bump stocks, abortion laws, and bankruptcy fees. They explore recusal standards, ethical implications of gifts to officials, and statutory interpretation in firearms regulation. The hosts analyze public statements by justices and debate constitutional remedies in bankruptcy cases.

Jun 2, 2024 • 1h 38min
Vexillology
The podcast delves into Supreme Court opinions on voting rights and free speech, listener feedback, and the ongoing Alito flag saga. They discuss Justice Breyer's book review, concurring opinions, flag controversies, and the challenges faced by political figures with family members in politics. Also, they explore Justice Thomas's views on racial gerrymandering, implications of NRA vs. New York Authorities, and a rare reversal of habeas grant in a capital case.