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Crazy Half-Drunk Unreliable Research Assistant
Divided Argument is in its sixth season! Our first episode of the term focuses, of course, on the latest developments on the shadow docket. These include several grants of interim relief to the Trump administration, as well as some dissents
Proust or Plato
For the season finale, we're joined by Yale law professor Justin Driver to talk about his new book, "The Fall of Affirmative Action: Race, the Supreme Court, and the Future of Higher Education." We discuss the conservative cases for and aga
Byzantine Wall
We extend our record-breaking run with a discussion of the Court's two big recent emergency docket rulings: Noem v. Vasquez Perdomo (https://dividedargument.com/episode/byzantine-wall?t=39m53s) and NIH v. American Public Health Association
Bedrock Con Law 101
We're joined by Michigan law professor Richard Primus to talk about his new book, "The Oldest Constitutional Question: Enumerated and Federal Power." Richard describes one of the the most widespread beliefs about constitutional law -- that
Originalism Hulk
Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis v. United States (https://dividedargument.com/episode/originalism-hulk?t=26m9s) and Thompson v. United States (https://dividedargument.com/e
The Country of the Future
We finally circle back to the two big structural constitutional law cases from the last day of the term. First is Kennedy v. Braidwood (https://dividedargument.com/episode/the-country-of-the-future?t=18m54s) Management, which upheld the app
The Thunder Docket
Acting with unpredictable alacrity and unpredictable brevity, we break down the Supreme Court's recent interim order in Trump v. Boyle (https://dividedargument.com/episode/the-thunder-docket?t=3m31s), and discuss what it means for the unita
Snake-Charmer-Specific
Moving with shockingly unpredictable efficiency, we respond to feedback, debate which of us is more composting-friendly, catch up on the emergency docket, and chip away at our end-of-Term backlog by digging into Diamond Alternative Energy v
Didactic and Inculcatory
We look at the final orders list before summer break, and then continue to work through last month's opinions, this time with an extended analysis of two decisions about children and culture wars -- Mahmoud v. Taylor (https://dividedargumen
Schrödinger's Innocence Right
We talk a bit more about Trump v. CASA, revisit the usage of "general," answer some voicemails, and then turn to Gutierrez v. Saenz (https://dividedargument.com/episode/schrodingers-innocence-right?t=24m22s), a procedural tangle about wheth
Why Are We Here?
We celebrate the 100th episode of the podcast with a special cross-over episode with Sarah Isgur at Advisory Opinions! Sarah, Will, and Dan break down today's blockbuster decision in Trump v. CASA (https://dividedargument.com/episode/why-ar
Loose Signification
We're joined by a special guest, Harvard Law Professor Stephen Sachs, to talk about Fuld v. Palestine Liberation Organization (https://dividedargument.com/episode/loose-signification?t=4m49s). Fuld is last week's big personal jurisdiction c
Caesar's Face
After some feedback and further thoughts on our Skrmetti episode and a shocking revelation about "LabCorp," we circle back to an earlier June opinion about religious distinctions, Catholic Charities Bureau v. Wisconsin Labor & Industry Revi
Low Horse
Without much introductory ado, we interrupt Will's vacation to give you a thorough breakdown of United States v. Skrmetti (https://dividedargument.com/episode/low-horse?t=7m29s), the trans health care case that is one of the most-watched ca
Truth and Reconciliation
We start out by debating who's responsible for Dan's audio snafus last time before digging into a various odds and ends, such as the Chief Justice's toast at the Supreme Court Historical Society dinner and President Trump's renunciation of
Delete This. Call Me.
With apologies for Dan's horrendous audio quality: we catch up on the latest emergency-docket happenings and debate whether Trump v. Wilcox (https://dividedargument.com/episode/delete-this-call-me?t=30m55s) is a big deal or small potatoes.
Gorsuch Genie
We're joined by NYU law professor Rachel Barkow to talk about her new book Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration (https://www.hup.harvard.edu/books/9780674294226). Listen to learn a
Friends with Oprah Winfrey
We're back with another unexpectedly short and timely episode, focusing on last Friday's emergency docket decision in AARP v. Trump (https://dividedargument.com/episode/friends-with-oprah-winfrey?t=12m27s). We also spend a few minutes on a
A Trees Guy in a Forest Court
We reflect on the death of Justice Souter and sort out some loose ends from the last episode. We then dig into the Court's only opinion from Thursday, Barnes v. Felix (https://dividedargument.com/episode/a-trees-guy-in-a-forest-court?t=22m3
Moot, Wrong, and Irrelevant
The shadow docket strikes once again! We break down the Court's unusual immigration ruling in AARP v. Trump (https://dividedargument.com/episode/moot-wrong-and-irrelevant?t=22m0s) (no, not that AARP!), and then briefly discuss the much-hera
Vaxxed and Relaxed
We have another short administrative law episode, analyzing the Supreme Court's decision about e-cigarettes in FDA v. Wages and White Lion (https://dividedargument.com/episode/vaxxed-and-relaxed?t=20m25s). But first we field some listener p
In Whack ASAP
Thanks to the Harvard Law Review, we recorded a live episode in the famed Austin Hall at Harvard Law School. While we hoped to discuss merits cases, the Court gave us far too much shadow docket activity to break down.
Sufficiently IKEA-like
We are back with an unexpectedly concise episode focused on last week's "ghost guns" decision, Bondi v. Vanderstok (https://dividedargument.com/episode/sufficiently-ikea-like?t=16m48s). But first we talk about the calls to reconsider the Co
Stunned But Respectful
We announce the new Divided Argument blog! After discussing the blog and some listener feedback, we break down two recent 5-4 decisions -- the shadow docket fight over USAID funding in Department of State v. Aids Vaccine Advocacy Coalition
Natural Side Effect
Back in the studio after a couple of fun live shows, we discover that the Court has finally given us too much to talk about. We discuss the new Trump Administration's first shadow docket adventure, a number of interesting solo opinions from
Hypothetical Unicorn
Divided Argument is live from the Northwestern Pritzker School of Law, hosted by the Northwestern Federalist Society! We discuss whether we are in the middle of a constitutional crisis, the coming demise of Humphrey's Executor (https://divi
Double Negatives
Divided Argument is live from Stanford Law School, hosted by the Stanford Constitutional Law Center! We review an unusual summary reversal in a capital habeas case and the latest universal injunction developments, and discuss some of the im
Reference Check
In unpredictable fashion, we record a shockingly timely episode to reflect on the Court's hasty per curiam in the TikTok case (https://dividedargument.com/episode/reference-check?t=34m40s). Along the way, we catch up on the shadow docket ha
Aide-de-camp
After an unpredictably long hiatus, we're back to break down what we missed. We debate the off-the-rails FedSoc panel Dan was on, work through some shadow docket happenings and the Court's two recent DIGs, ponder the implications of the ele
Separation-of-Powers Police
After a long hiatus, we're particularly unpredictable with an episode that isn't about the Supreme Court. We're joined by NYU law professor Daryl Levinson to talk about his exciting and important new book on constitutional theory, Law For L
