Divided Argument

Will Baude, Dan Epps
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Mar 12, 2022 • 58min

Shmoland

We try to catch up on what the Court did since we last recorded, but end only making it through the Court's opinions in United States v. Zubaydah and Wooden v. United States.
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Mar 2, 2022 • 59min

Knife in the Back

We catch up on the nomination of Judge Ketanji Brown Jackson, a new opinion by Justice Breyer, revisit a debate about who the greatest law professor on the Supreme Court is, and talk through each of our recent scholarly efforts. Tune in to hear Dan surprisingly attack Will's Fourth Amendment views from the right flank, learn an interesting tidbit about Justice Brandeis, and get some insight into the mysterious originalist gathering in San Diego. 
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Feb 12, 2022 • 1h 32min

Speakin' to the Youth

We're back after a long absence, but there's a good excuse. We catch up on the biggest developments from the last couple months, including the Breyer retirement, the Court's COVID decisions, the masking imbroglio, and the Alabama redistricting shadow-docket ruling. We also discuss Dan's childhood meeting with Justice Thomas, speculate about the median age of our listenership, and invent a new empirical metric for evaluating Supreme Court justices. 
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Dec 14, 2021 • 1h 10min

Completely Naïve Idiot

Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibility of preenforcement challenges to Texas’s novel abortion ban.
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Dec 10, 2021 • 1h 13min

Out of Whack

We’ve been waiting for months to bring you this one: we can finally talk about the President’s Supreme Court Commission, which just finalized its report this week. We also briefly talk about the recent argument in Dobbs and try to predict what the Court might do.
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Nov 6, 2021 • 1h 7min

First in Flight

Dan and Will catch up on what the Court's been up to other than dealing with the Texas abortion law, including cert grants addressing the EPA's power to regulate carbon emissions, a couple of summary reversals, and some other shadow-docket action.
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Nov 2, 2021 • 1h 5min

Fast and Loose

Divided Argument is back after an unscheduled, unpredictable break to kick off a brand new season. We dig into this week's oral arguments in two cases involving Texas's abortion law. 
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Sep 25, 2021 • 56min

Sovereign to Sovereign

The road show continues as Will and Dan record another live episode at the National Association of Attorneys General's State Solicitors General and Appellate Chiefs Conference in Chicago. They delve deeper into Texas's abortion law and the US's lawsuit seeking to stop it. Then, they have a broader discussion about the role and power of states in Supreme Court litigation. 
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Sep 22, 2021 • 48min

Unspeakable Cruelty

Divided Argument is live from the University of Chicago Law School! In our first ever episode in front of a live studio audience, we catch up on recent Court-related developments, such as several Justices' recent public remarks pushing back on Court politicization and the Court's latest foray into whether capital prisoners can have spiritual advisors with them in the execution chamber. 
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Sep 2, 2021 • 1h 7min

The Lightning Docket

Will and Dan break down the Court's late-night refusal to block the implementation of Texas's controversial "fetal heartbeat"  law, and what it might mean for the future of the Court's abortion jurisprudence. 

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