Divided Argument
Episodes
The Lightning Docket
02 Sep 2021
Contributed by Lukas
Will and Dan break down the Court's late-night refusal to block the implementation of Texas's controversial "fetal heartbeat" law, and what it might...
Out on a Limb
14 Aug 2021
Contributed by Lukas
Dan and will try to catch up on the flurry of news from Thursday afternoon, including an update on the Acting Solicitor General and the Court’s surp...
Beyond The Pale
14 Aug 2021
Contributed by Lukas
As Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the qui tam statute indirectly saved Roe v. Wade. We ...
Secondary Trolling
02 Aug 2021
Contributed by Lukas
As October Term 2020 recedes in the rear-view mirror, Dan and Will take a moment to reflect. We ponder the current balance of power on the Court and h...
Inner Sanctum
28 Jul 2021
Contributed by Lukas
Will and Dan deal with listener feedback that prompts them to recall some of the Court's most bad-faith decisions in recent years. They then do a deep...
Crime of the Day
24 Jul 2021
Contributed by Lukas
Will and Dan deal with some tough but fair listener feedback, and then get through AFP v. Bonta (finally). Listen to see if they get further!
Very Breyeresque
17 Jul 2021
Contributed by Lukas
Dan and Will return after their vacations to catch up on what they've missed. After checking in briefly on Justice Breyer, they try to talk about two ...
House Parties
24 Jun 2021
Contributed by Lukas
Will and Dan break down two more decisions from Wednesday. First is Collins v. Yellen, a complicated separation of powers and severability case with a...
Evil and Corrupt Language, Images, and Thoughts
24 Jun 2021
Contributed by Lukas
The Court dropped four fascinating constitutional law opinions on Wednesday, and Will & Dan talk through two of them. First up is Mahanoy, which addre...
Early Wittgenstein
21 Jun 2021
Contributed by Lukas
As October Term 2020 hurtles towards a thrilling conclusion (well, hopefully), Dan and Will break down two of Monday's decisions. They explore the sep...
Triple Bank Shot
18 Jun 2021
Contributed by Lukas
Will and Dan break down the Court's sudden burst of interesting opinions – California v. Texas, Fulton v. Philadelphia, and Nestle v. Doe.
So What
04 Jun 2021
Contributed by Lukas
Will and Dan break down the Court's fascinating decision yesterday in Van Buren v. United States, which interpreted the Computer Fraud and Abuse Act. ...
Everybody Procrastinates
03 Jun 2021
Contributed by Lukas
Dan and Will discuss the Court's recent run of unanimous cases, paying particular attention to United States v. Cooley; ponder weighty issues like t...
Faith in Princes
23 May 2021
Contributed by Lukas
Will and Dan ponder what this podcast is about, continue their discussion of good faith in judging, try to game out exactly what the Court is up to in...
Grandma's House of Vice
18 May 2021
Contributed by Lukas
Will and Dan ponder the significance Court's grant of certiorari in an abortion case, Dobbs v. Jackson Women's Health Organization, before going on to...
Woke to the Trend
17 May 2021
Contributed by Lukas
Will and Dan finish up their conversation about the shadow docket. They discuss the Court’s summary reversal practices, try to get to the bottom of ...
Normal Procedural Regularity
15 May 2021
Contributed by Lukas
In the inaugural episode of Divided Argument, Will and Dan have the first part of a two-part discussion of the Supreme Court's "shadow docket." Will e...