Divided Argument

Latest Episodes:

Expanded Universe Jan 14, 2023

Show notes

We catch up on some odds and ends, take a long detour through a debate about the merits of the Star Wars trilogies, and then dig into Türkiye Halk Bankasi A.S. v. United States (starting at 38:10), an interesting case about the scope of foreign sovereign immunity being heard in the January sitting.

Unpersuasive Scholar Trolling Nov 24, 2022

Show notes

We talk through the implications of the story about an alleged leak in the Hobby Lobby case, respond to a mysterious voicemail, and then break down two interesting federal criminal fraud cases, Cimenelli v. United States and Percoco v. United States.

Relentless Personal Attacks Nov 14, 2022

Show notes

In this mega-episode, we catch up on the orders list, circle back to Mallory, which we talked about last episode, and the dive into oral arguments in the affirmative action cases.

For Liberty and not for Fascism Nov 02, 2022

Show notes

We check in on some Court-related news and developments and Dan gives Will a hard time for his recent bold claim about the conservative justices. We then dig deep into Mallory v. Norfolk Southern Railway Co., a fascinating personal jurisdiction case being argued in the November sitting.

Horse Sausage Oct 02, 2022

Show notes

We provided an extended preview of the arguments in one of the October cases, National Pork Producers Council v. Ross, which takes us into a long discussion of the "dormant" Commerce Clause and extraterritorial regulation. But first we discuss some statements from Justice Alito and Ginni Thomas, the newest circuit justice assignment, and some updates from last episode.

Maoist Takeover Sep 19, 2022

Show notes

We open Season 3 with a live show at William and Mary Law School, part of the Scalia-Ginsburg Collegiality Speaker Series. With our first-ever guest, we discuss the limits of friendship and offer advice on civil disagreement. But first we break down the Supreme Court's ruling on an important stay application from Yeshiva University.

I Say "Timbre" Jul 30, 2022

Show notes

We catch up on listener questions and feedback (both positive and negative), and then spend a while on the neglected case of Vega v. Tekoh, about the intersection of remedies and Miranda. We also discuss Kennedy v. Bremerton, the case of the praying football coach. Unfortunately, Will recorded all of this into the wrong microphone.

Settling of Scores Jul 10, 2022

Show notes

We reflect on the Supreme Court term as a whole, and the direction and politics of the Court. We focus on West Virginia v. EPA, which canonized the "major questions" doctrine, and the upcoming case of Moore v. Harper, which confronts the "independent state legislature doctrine."

Character Sketches Jun 28, 2022

Show notes

In our longest episode yet, we break down two massively consequential cases: Dobbs v. Jackson Women's Health Organization and New York State Rifle & Pistol Association v. Bruen.

COBRA Jun 19, 2022

Show notes

We try to catch up after the Court's big opinion dump this week, and end up focusing on Ysleta del Sur Pueblo v. Texas, Denezpi v. United States, Viking River Cruises, Inc. v. Moriana, and the DIG in Arizona v. San Francisco. Come for the legal analysis, stay for the health insurance advice.

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