Divided Argument

Counter-Counter-Counter-Designations | Divided Argument Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff. Dan teaches Will some of ...

NEW EPISODE: "Counter-Counter-Counter-Designations"

Live from Wilkinson Stekloff's attorney retreat, we dive into the legal (and ethical?) issues in Coney Island Auto Parts Unlimited v. Burton before revisiting last Term's DIG'd case LabCorp v. Davis.

dividedargument.simplecast.com/episodes/cou...

Proust or Plato Podcast Episode · Divided Argument · 10/03/2025 · 53m

“I really do believe that we are in the midst of seeing, or perhaps more accurately, not seeing a lost generation of Black students at elite colleges.”

🎧 Justin Driver joined @dividedargument.bsky.social to talk about his new book THE FALL OF AFFIRMATIVE ACTION
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Cutting Prices by Fiat Can Trump rewire how Medicare pays for drugs without going to Congress?

Can Trump rewire how Medicare pays for drugs without going to Congress?

Read "Cutting Prices by Fiat" by Professor @nbagley.bsky.social in @dividedargument.bsky.social

blog.dividedargument.com/p/cutting-pr...

Originalism Hulk | Divided Argument Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis v. United States and Thompson v. United States, two interesting federal criminal law puzzles.

NEW EPISODE: "Originalism Hulk"

It's fraud day as we dig into Kousis v. US and Thompson v. US!

dividedargument.simplecast.com/episodes/ori...

I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link):

www.nytimes.com/2025/07/16/u...

Why Are We Here? | Divided Argument 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, fo...

Short 🧵👇: Thanks to @williambaude.bsky.social for shouting out my Minn. L. Rev. (@umnlawschool.bsky.social) article, Not-So-Special Solicitude, in Friday's crossover @dividedargument.bsky.social & Advisory Opinions (@thedispatchmedia.bsky.social) episode... 1/3
dividedargument.com/episodes/why...

Birthright Citizenship and Class Actions after CASA David Marcus has a terrific essay explaining why class certification in the birthright citizenship cases is an easy yes under existing law: The Class Action after Trump v.

Sam Bray on David Marcus on the birthright-citizenship class actions.

(Tl;dr is class certification is right.)

@dividedargument.bsky.social

substack.com/home/post/p-...

Didactic and Inculcatory | Divided Argument 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 -- M...

"Divided Argument" with @epps.bsky.social and @williambaude.bsky.social is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff.
dividedargument.com/episodes/did...

Truth and Reconciliation | Divided Argument 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 dinne...

NEW EPISODE: "Truth and Reconciliation"

We play a blame game for Dan's audio snafus last time, catch up on odds and ends like the Chief Justice's Historical Society toast, dig into the Labcorp DIG, and break down Smith & Wesson.

dividedargument.simplecast.com/episodes/tru...

Delete This. Call Me. | Divided Argument With apologies for Dan's horrendous audio quality: we catch up on the latest emergency-docket happenings and debate whether Trump v. Wilcox is a big deal or small potatoes. We also catch up on listene...

NEW EPISODE: "Delete This. Call Me."

With apologies for Dan's horrendous audio quality, we catch up on the emergency docket, debate Trump v. Wilcox, talk about prediction markets, play a couple voicemails, and more!

dividedargument.simplecast.com/episodes/del...

Gorsuch Genie | Divided Argument 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." Listen to learn about fi...

NEW EPISODE: "Gorsuch Genie"

We're joined by NYU Prof ‪@rachelbarkow.bsky.social‬ to discuss her new book, "Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration."

dividedargument.simplecast.com/episodes/gor...

Guest Post: Mila Sohoni on Trump v. CASA Professor Mila Sohoni of Stanford Law School, one of the nation's leading contributors to the debate over universal injunctions, weighs in on the implications of Thursday's oral argument.

A characteristically thoughtful response to the Supreme Court argument over nationwide injunctions in the Birthright Citizenship case by Mila Sohoni. blog.dividedargument.com/p/guest-post...

Trump 2.0 and the Supreme Court Reform Debate Does the left's turn to the courts in response to the Second Trump Administration's excesses show advocates of structural reform of the Supreme Court were wrong?

My latest on the @dividedargument.bsky.social blog:

"Trump 2.0 and the Supreme Court Reform Debate"

open.substack.com/pub/divideda...

A Trees Guy in a Forest Court | Divided Argument 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, which we previewed with friend o...

NEW EPISODE: "A Trees Guy in a Forest Court"

We break down the opinion in Barnes v. Felix, react to the oral argument in Trump v. CASA, make a detour into AI, and more!

dividedargument.simplecast.com/episodes/a-t...

In the Trump 2.0 Era, The Courts Are Listening—And Not Just to Lawyers What a small footnote in the Fourth Circuit's Abrego Garcia opinion tells us about how courts might approach the Second Trump Administration

My latest in the @dividedargument.bsky.social blog, riffing on a footnote in JHW's Abrego Garcia opinion:

blog.dividedargument.com/p/in-the-tru...

Vaxxed and Relaxed | Divided Argument We have another short administrative law episode, analyzing the Supreme Court's decision about e-cigarettes in FDA v. Wages and White Lion. But first we field some listener pushback about facial chall...

NEW EPISODE: “Vaxxed and Relaxed”

We discuss FDA v. Wages & White Lion, follow up on Abrego Garcia, respond to tough feedback, and more!

dividedargument.simplecast.com/episodes/vax...

Listen to the very end for @williambaude.bsky.social's reminder that, as to disqualification of Trump under section 3 of the 14th amendment, "it's not too late."

(The best case to raise the argument might be a lawsuit by Jerome Powell in the event Trump tries to fire him as Fed Chair.)

In Whack ASAP | Divided Argument 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 activi...

NEW EPISODE: "In Whack ASAP"

Live from Harvard Law School thanks to the Harvard Law Review, we break down the Court's latest shadow docket activity.

dividedargument.simplecast.com/episodes/in-...

Shout out to @dividedargument.bsky.social for the Supreme Court podcast’s funniest moment ever, in which @williambaude.bsky.social and @epps.bsky.social note SCOTUS’s recent peak shadow docket opinion, in which the Court did nothing for no reason, and it was still 5-4

Natural Side Effect | Divided Argument 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 ...

NEW EPISODE: "Natural Side Effect"

We take a deep dive into Glossip v. Oklahoma, discuss the new Trump Administration's first shadow docket adventure, ponder some interesting opinions from the orders list, and more.

dividedargument.simplecast.com/episodes/nat...

SCOTUS-interested people: this is my favorite podcast on the court. @williambaude.bsky.social and @epps.bsky.social always bring the 🔥

As TikTok goes dark, Dan and I discuss the TikTok case ….

Reference Check | Divided Argument In unpredictable fashion, we record a shockingly timely episode to reflect the Court's hasty per curiam in the TikTok case. Along the way, we catch up on the shadow docket happenings, manage not to ge...

NEW EPISODE: "Reference Check"

We provide unpredictably hot takes on the TikTok case, break down Royal Canin, and discover an opinion revision in real time. Most importantly, the listeners help Dan collect on an unwise bet by Will.

dividedargument.simplecast.com/episodes/ref...

SURPRISE! New episode of Divided Argument: https://buff.ly/3VIsb9x

Aide-de-camp | Divided Argument After an unpredictably long hiatus, we're back to talk about 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 ...

NEW EPISODE (finally!): "Aide-de-camp"

After saying sorry not sorry for our accidental hiatus, we discuss @epps.bsky.social's wild FedSoc panel, the Court's recent DIGs, other shadow docket activity, what the election might mean for the Court, + more!

dividedargument.simplecast.com/episodes/aid...