PodcastsGovernmentDivided Argument

Divided Argument

Will Baude, Dan Epps
Divided Argument
Latest episode

120 episodes

  • Divided Argument

    A Subversive Mission

    11/03/2026 | 50 mins.
    We announce an exciting new partnership with SCOTUSblog and introduce the show to new listeners. We then return to the mysterious origins of the Chief Justice's "no, no, a thousand times no," debate the Court's new policy designed to maintain secrecy, and then take a close look at Galette v. New Jersey Transit Corporation, a sovereign immunity decision in which the Court may, or may not, have paid attention to Will's amicus brief.
  • Divided Argument

    Cruel and Unusual and Stupid

    06/03/2026 | 47 mins.
    It's our live show at the University of Chicago! Hosted by the University of Chicago Federalist Society, we discuss this week's big shadow-docket rulings about gender transitions in California Schools (Mirabelli v. Bonta) and redistricting in New York (Malliotakis v. Williams), and also break down the recent merits decision about the right to counsel when a defendant is testifying (Villareal v. Texas).
  • Divided Argument

    Betty Boop or Shakespeare

    21/02/2026 | 1h 26 mins.
    With unpredictable timeliness, we have a quasi-emergency episode on the 170-page tariffs decision, Learning Resources, Inc. v. Trump. Come for the in-the-weeds legal analysis, stay for the deep dive into the origins of the phrase "no, no, a thousand times no."
  • Divided Argument

    Ayn Rand Graffiti

    04/02/2026 | 57 mins.
    We're back for another live show at the Northwestern Pritzker School of Law, hosted by the Northwestern Federalist Society! We discuss the term's two Second Amendment arguments -- first recapping the oral argument in Wolford v. Lopez, featuring Hawaii's law about getting consent to bear arms on private property; and then previewing the oral argument in United States v. Hemani, about the ban on possession of guns by drug users.
  • Divided Argument

    Bok Choy

    22/01/2026 | 47 mins.
    With shocking and uncharacteristic efficiency, we manage to discuss three merits opinions and one orders list dissent in only 47 minutes. Specifically, we  revisit Coney Island Auto Parts Unlimited, Inc. v. Burton (time limits for moving to vacate void judgments) and break down Berk v. Choy (an Erie doctrine puzzle), and Ellingburg v. United States (criminal restitution and the Ex Post Facto Clause), while also managing to discuss Justice Jackson's broadside against the Court's practice of "martinization."

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About Divided Argument

An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.
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