Divided Argument

Latest Episodes:

Hype Music Aug 05, 2024

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Unpredictably, our recent torrent of episodes continues. We take a deep dive into Moore v. United States, which addressed the scope of Congress's constitutional power to tax.

Reticulated Python Aug 01, 2024

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We continue our breakneck pace and dig into two substantive criminal law opinions: Fischer v. United States and Snyder v. United States.

Ultimatum Game Jul 29, 2024

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We're back just a few days after our last episode to dive in to Harrington v. Purdue Pharma, a 5-4 decision about the power of the bankruptcy system to release claims against third parties.

Libertarian Legal Morality Tales Jul 26, 2024

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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 (applying the Confrontation Clause to expert testimony) and Diaz v. United States (interpreting Federal Rule of Evidence 704(b)) after a brief discussion of AI, political developments, and judicial robes.

Evil Batman Jul 19, 2024

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After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (overruling Chevron) and Corner Post v. Board of Governors (time limits for challenges to regulations). We try to figure out just how disruptive these decisions will be for the administrative state and somehow manage not to waste half the episode debating Supreme Court ethics.

Back on the Island Jul 04, 2024

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Will makes Dan interrupt his vacation to talk about the case you've all been clamoring for: Trump v. United States.

Hope Springs Eternal Jun 30, 2024

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We break down SEC v. Jarkesy and City of Grants Pass v. Johnson.

Felony-Adjacent Jun 26, 2024

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We cut to the chase with extended discussions of two of last week's cases: United States v. Rahimi, which upheld a federal gun law against Second Amendment challenge and produced six concurring and dissenting opinions; and Erlinger v. United States, a case about the jury's role in sentencing that continues a line of cases starting 25 years ago in Apprendi v. New Jersey.

Small Victories Jun 20, 2024

Show notes

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 (the bump stock case), of standing in FDA v. Alliance for Hippocratic Medicine (the mifepristone case), and of constitutional remedies in US Trustee v. John Q Hammons (a bankruptcy case).

Vexillology Jun 02, 2024

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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 (voting rights) and NRA v. Vullo (free speech). Before that, we engage with listener feedback and talk about the latest developments in the endless Alito flag saga.

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