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Divided Argument

von Will Baude & Dan Epps

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An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps. In partnership with SCOTUSblog.

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  1. You Should See the Other Guy

    Divided Argument — S7E1: Summary & Highlights One-line summary (Beamly) Season 7 opens with a Court busy not deciding: an Alito recusal, a quorum lost to four book deals, and a stern Purcell per curiam for Missouri. Show notes Season 7 open

  2. Shoe of Damocles

    We're back after a break, and the August interim docket handed us two per curiam standing rulings. In Trump v. California (https://www.supremecourt.gov/opinions/25pdf/26a124_hgci.pdf), the Court stayed the injunction against the mail-ballot

  3. A Thriving Atrocities Practice

    After following up on Justice Alito's summer interview, the new birthright-citizenship executive orders, and the Court's record-low approval numbers, we devote the episode to Cisco Systems v. Doe (https://www.scotusblog.com/cases/cisco-syst

  4. Very Civilized Orangutans

    We squeeze in one more episode before Will's vacation, tying the single-season record in the process. The mailbag then demands a reckoning on whether Magneto's powers are really limited to ferrous metals, along with the origins of the S tie

  5. Ice by Magneto

    We're back — maybe getting a little too scheduled — with one opinion on the docket: West Virginia v. B.P.J. (https://www.supremecourt.gov/opinions/25pdf/24-43_2b35.pdf) and Little v. Hecox (https://www.scotusblog.com/cases/little-v-hecox/),

  6. The Based Direction

    We're back from vacation and chipping away at the summer backlog. Before the substance: listeners weigh in on our AI-generated cover art, Claude's new prediction scorecard grades our respective forecasting records, and Justices Kagan and Ba

  7. Norway-Sweden Worshippers

    We picked two immigration decisions from the same day over the transgender-sports case because — Dan’s protests notwithstanding — that’s where the interesting law is. In Mullin v. Doe (https://www.supremecourt.gov/opinions/25pdf/25-1083_f20

  8. Smart Microwave

    After a quick check on the Nina Totenberg embargo kerfuffle and one more revelation from Justice Thomas's memoir, we devote the episode to Chatrie v. United States (https://www.supremecourt.gov/opinions/25pdf/25-112_0am4.pdf), the Court's f

  9. Weird Islands

    It's the last opinion day of the term, and the big one landed: Trump v. Barbara (https://www.scotusblog.com/cases/trump-v-barbara/), the birthright-citizenship case. We read the majority as the rare easy case and spend most of the episode o

  10. Always Already

    The big opinions are coming fast and furious as the Term ends. This episode, we take on two related cases from the penultimate opinion drop day: Trump v. Slaughter (https://www.supremecourt.gov/opinions/25pdf/25-332_qn12.pdf), which overrul

  11. Mechanical / Animal

    We're in triage mode as the Court clears its end-of-term backlog. We run through the week's opinion dump before focusing on two cases that look unrelated but turn on the same question: when may a state rewrite background property law to lim

  12. Alcoholic Originalism

    The big opinions are starting to drop, and we're doing our best to keep pace. We first discuss Landor v. Louisiana Department of Corrections, which concerns religious liberty, the scope of Congress's power to create remedies against individ

  13. Watch Snobs

    We open with the usual grab bag—the "foot fault" pun buried in a Justice Thomas opinion, reading Justice Alito's clerk-hiring tea leaves, and a detour into the metaphysics of conditional resignations and whether you can be confirmed to a va

  14. Impregnable Citadel of Technicality

    After puzzling over an interesting follow-up question about Pitchford v. Cain, we unpack a summary vacatur in Whitton v. Dixon. We then spend a while breaking down the latest developments in Allen v. Milligan line, in which we discuss the f

  15. Smooth Stone in the River

    The Court has been busy, and we somehow manage to cover a number of developments with unpredictable efficiency. We talk about the Court's latest summary reversal on the "party presentation principle"; Justice Kavanaugh's vindication of his

  16. Ninja Court Packing

    We are joined by guest co-host Professor Pam Karlan at the American Law Institute Annual Meeting for the last live show of season 6. We work through a busy stretch of the interim docket: the Alabama GVR in Allen v. Caster and what Callais h

  17. Majordoma

    The Court’s latest Voting Rights Act decision, Louisiana v. Callais, narrows Section 2 in a way that could reshape redistricting, weaken majority-minority districts, and intensify the fight over how race and partisanship interact in electio

  18. Even Eve-ier

    A deep dive into the latest Supreme Court news, a couple of unusual shadow docket rulings, and a cross-ideological merits decision that raises classic questions about federal power, preemption, and how much weight lower courts should give t

  19. Backup backup backup backup argument

    We recap and reflect on the oral arguments in Trump v. Barbara (https://dividedargument.com/episode/backup-backup-backup-backup-argument?t=2m43s) (the birthright citizenship case) and then analyze the Court's recent decision in Chiles v. Sa

  20. Jezebel Shouting

    We're live at WashU Law's Admitted Students Day! After catching up on some shadow docket activity, we dig into Olivier v. City of Brandon (https://dividedargument.com/episode/jezebel-shouting?t=17m22s), the Court's unanimous March 2026 deci

  21. A Subversive Mission

    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 mainta

  22. Cruel and Unusual and Stupid

    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 (https://dividedarg

  23. Betty Boop or Shakespeare

    With unpredictable timeliness, we have a quasi-emergency episode on the 170-page tariffs decision, Learning Resources, Inc. v. Trump (https://dividedargument.com/episode/betty-boop-or-shakespeare?t=15m14s). Come for the in-the-weeds legal a

  24. Ayn Rand Graffiti

    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 (https

  25. Bok Choy

    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 (https://www.scotusblog.com

  26. Lake Shrimp

    We didn't get the tariffs decision this week, but we discuss two of the opinions we did get -- Bost v. Illinois Board of Elections (https://dividedargument.com/episode/lake-shrimp?t=9m7s), a decision about standing and election law, and Cas

  27. The Marshal and the Margarine

    We're back with the first episode of the new year, breaking down the interim docket opinion/order in Trump v. Illinois (https://dividedargument.com/episode/the-marshal-and-the-margarine?t=27m7s), the national guard case, after first warming

  28. Non-Cake Physical Object

    We're back to break down a month's worth of shadow docket activity -- three recent summary reversals, plus the stay in the Texas gerrymandering case (Abbott v. LULAC) (https://dividedargument.com/episode/non-cake-physical-object?t=52m54s).

  29. Counter-Counter-Counter-Designations

    Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff (https://www.wilkinsonstekloff.com). Dan teaches Will some of the

  30. Proximity Mines in the Facility

    After a predictably unpredictable set of detours through Latin grammar, parenting philosophies, and 90s video games, we catch up on the latest shadow (interim?) docket activity and recap the oral argument in the tariffs cases.

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