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Divided Argument

von Will Baude & Dan Epps

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  1. Not the Best Founder

    We take a long last look at two more end-of-term cases, where the Court made news with what it did NOT decide: Moyle v. United States (https://dividedargument.com/episode/not-the-best-founder?t=27m22s) (the abortion/EMTALA case), and Moody

  2. Hype Music

    Unpredictably, our recent torrent of episodes continues. We take a deep dive into Moore v. United States (https://dividedargument.com/episode/hype-music?t=9m59s), which addressed the scope of Congress's constitutional power to tax.

  3. Reticulated Python

    We continue our breakneck pace and dig into two substantive criminal law opinions: Fischer v. United States (https://dividedargument.com/episode/reticulated-python?t=2m22s) and Snyder v. United States (https://dividedargument.com/episode/re

  4. Ultimatum Game

    We're back just a few days after our last episode to dive in to Harrington v. Purdue Pharma (https://dividedargument.com/episode/ultimatum-game?t=8m54s), a 5-4 decision about the power of the bankruptcy system to release claims against thir

  5. 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 (https://dividedargument.com/episode/libertarian-legal-morality-tales?t=15m24s) (applying the Confrontation Cl

  6. Evil Batman

    After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (https://dividedargument.com/episode/evil-batman?t=13m10s) (overruling Chevron) and Corner Post v. Board of Governors (https://dividedargument.com/e

  7. Back on the Island

    Will makes Dan interrupt his vacation to talk about the case you've all been clamoring for: Trump v. United States (https://dividedargument.com/episode/back-on-the-island?t=5m16s).

  8. Hope Springs Eternal

    We break down SEC v. Jarkesy (https://dividedargument.com/episode/hope-springs-eternal?t=14m22s) and City of Grants Pass v. Johnson (https://dividedargument.com/episode/hope-springs-eternal?t=53m28s).

  9. Felony-Adjacent

    We cut to the chase with extended discussions of two of last week's cases: United States v. Rahimi (https://dividedargument.com/episode/felony-adjacent?t=4m49s), which upheld a federal gun law against Second Amendment challenge and produced

  10. Small Victories

    After another discussion of Supreme Court ethics and legitimacy (hopefully our last for a long time), we discuss three of last week's decisions. We cover issues of statutory interpretation in Garland v. Cargill (https://dividedargument.com/

  11. Vexillology

    Unpredictably, we take a new approach and record immediately after the Court drops new opinions. We dig into Alexander v. South Carolina State Conference of the NAACP (https://dividedargument.com/episode/vexillology?t=52m35s) (voting rights

  12. p(doom)

    Continuing our pattern of staying a week behind the Court's latest output, we discuss last week's opinions: CFPB v. Community Financial Services Association (https://dividedargument.com/episode/pdoom?t=42m23s) (the Appropriations Clause), H

  13. Poison Pill in Your Pocket

    We follow up on feedback, puzzle over the Court's apparent continued lack of interest in Fourth Amendment cases, and then discuss two of the latest opinions—Culley v. Marshall (https://dividedargument.com/episode/poison-pill-in-your-pocket?

  14. Radical Agreement

    After taking some listener questions, we analyze the lengthy shadow docket opinions in Labrador v. Poe (https://dividedargument.com/episode/radical-agreement?t=15m41s), dealing with universal relief, emergency applications, and more. We the

  15. Bootlegging-Adjacent

    After discussing a few pending issues at the Court, we look back to analyze several decisions from last month-- FBI v. Fikre (https://dividedargument.com/episode/bootlegging-adjacent?t=45m40s), a mootness case with national security implica

  16. Dinkus

    After grappling with listener feedback ranging from the acoustic to the typographical, we catch up on last month's decisions in Great Lakes v. Raiders Retreat Realty (https://dividedargument.com/episode/dinkus?t=9m25s) (admiralty) and McElr

  17. Political Hacks Pretending to be Lawyers

    We (of course) break down the Court's opinions in Trump v. Anderson, (https://dividedargument.com/episode/political-hacks-pretending-to-be-lawyers?t=21m44s) the Section Three case from Colorado. We also discuss the Court's cert. grant on Tr

  18. Votin' for Lincoln

    After quick review of an order about admissions at West Point and two new unanimous opinions, we spend almost all of the episode breaking down last week's oral arguments in Trump v. Anderson. What excuse will the Supreme Court use to keep C

  19. Into the Brick Wall

    After catching up on a few odds and ends, we decide to give the people what they want and discuss Section Three of the Fourteenth Amendment and whether the Supreme Court could possibly declare Donald Trump ineligible for the Presidency. You

  20. Muppetproof

    We discuss the passing of Justice Sandra Day O'Connor, then turn to two interesting opinions on the shadow docket (in Griffin v. HM Florida (https://dividedargument.com/episode/muppetproof?t=14m42s) and DuPont v. Abbott (https://dividedargu

  21. Easy Win

    We discuss the Court's new Code of Conduct, catch up on shadow docket happenings, and debate what historians can teach originalists. We then recap the argument United States v. Rahimi (https://dividedargument.com/episode/easy-win?t=40m0s),

  22. Good Dig

    The October Term is now underway, and that means it's time for Season 4 of the show. We catch up on the inevitable shadow docket happenings before diving into a discussion of two cases that were argued earlier in the month. First, we dig in

  23. Screaming Clown

    The Court hasn't done too much while the summer recess drags on, but we're back for what might be our last episode of Season 3 before Season 4 kicks off with the new Term. We manage to piece together an episode with some items from the mail

  24. Lib Fanfiction

    The Justices have beenoff on their European vacations for a couple of months but we're still cranking out episodes breaking down last Term. We start off by discussion Will and Michael Stokes Paulsen's SSRN-breaking article arguing that Dona

  25. Map Guy

    We recap some shadow docket happenings and catch up on the latest SCOTUS ethics news before continuing our march through June opinions we missed. This time, we dive back into Indian law in Arizona v. Navajo Nation (https://dividedargument.c

  26. Triple Threat

    What could be more unscheduled and unpredictable than our fourth episode in little more than a week? We briefly discuss the latest developments in the Mountain Valley Pipeline (https://dividedargument.com/episode/triple-threat?t=3m6s) shado

  27. Dishonorable Tradition

    We defy all predictions by releasing a third episode in a week. This time, we talk about the intersection of public accommodations law and the First Amendment in 303 Creative (https://dividedargument.com/episode/dishonorable-tradition?t=50m

  28. Peak SG

    In the spirit of keeping things unpredictable, we're back with a new episode barely days after the last one. This time, we take a deep dive into two jurisdiction-y cases in the Divided Argument wheelhouse: Jones v. Hendrix (https://divideda

  29. My Despised World

    After some inevitable self-flagellation for our lengthy hiatus, we catch up on some recent news and debate SCOTUS ethics. We then talk about implications of the Harvard/UNC affirmative action case (https://dividedargument.com/episode/my-des

  30. Demokratia

    We record our first inter-continental episode, as Will reports in from a visit to Tel Aviv. We then dive in to two of this month's opinions: Haaland v. Brackeen (https://dividedargument.com/episode/demokratia?t=15m39s), which rejects a seri

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