Divided Argument

Latest Episodes:

SMUGLER Jun 11, 2022

Show notes

We're back to talk about Wednesday's decision in Egbert v. Boule and the problem of constitutional remedies. But first we catch up on the Court's pace of opinions, the leak investigation, the attempted attack on Justice Kavanaugh, and Puerto Rico (United States v. Vaello-Madero).

Marshal Law May 05, 2022

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We're back to talk about the big news: the draft of Justice Alito's opinion in Dobbs, and the questions that surround it -- how and why this might have happened, what it means for the Court, and what the Court can do about it.

Hoosiers Apr 03, 2022

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We try to clear our backlog after a break. We manage to make it through United States v. Tsarnaev, Ramirez v. Collier, and a few other odds and ends.

Shmoland Mar 12, 2022

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We try to catch up on what the Court did since we last recorded, but end only making it through the Court's opinions in United States v. Zubaydah and Wooden v. United States.

Knife in the Back Mar 02, 2022

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We catch up on the nomination of Judge Ketanji Brown Jackson, a new opinion by Justice Breyer, revisit a debate about who the greatest law professor on the Supreme Court is, and talk through each of our recent scholarly efforts. Tune in to hear Dan surprisingly attack Will's Fourth Amendment views from the right flank, learn an interesting tidbit about Justice Brandeis, and get some insight into the mysterious originalist gathering in San Diego.

Speakin' to the Youth Feb 12, 2022

Show notes

We're back after a long absence, but there's a good excuse. We catch up on the biggest developments from the last couple months, including the Breyer retirement, the Court's COVID decisions, the masking imbroglio, and the Alabama redistricting shadow-docket ruling. We also discuss Dan's childhood meeting with Justice Thomas, speculate about the median age of our listenership, and invent a new empirical metric for evaluating Supreme Court justices.

Completely Naïve Idiot Dec 14, 2021

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Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibility of preenforcement challenges to Texas’s novel abortion ban.

Out of Whack Dec 10, 2021

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We’ve been waiting for months to bring you this one: we can finally talk about the President’s Supreme Court Commission, which just finalized its report this week. We also briefly talk about the recent argument in Dobbs and try to predict what the Court might do.

First in Flight Nov 06, 2021

Show notes

Dan and Will catch up on what the Court's been up to other than dealing with the Texas abortion law, including cert grants addressing the EPA's power to regulate carbon emissions, a couple of summary reversals, and some other shadow-docket action.

Fast and Loose Nov 02, 2021

Show notes

Divided Argument is back after an unscheduled, unpredictable break to kick off a brand new season. We dig into this week's oral arguments in two cases involving Texas's abortion law.

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