

Divided Argument
Will Baude, Dan Epps
An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps. In partnership with SCOTUSblog.
Episodes
Mentioned books

13 snips
Mar 11, 2026 • 51min
A Subversive Mission
They announce a new SCOTUSblog partnership and explain their subversive mission to analyze law, not punditry. They hunt the mystery behind the Chief Justice's "a thousand times no" line and debate new Court secrecy and NDA concerns. They break down Galette v. New Jersey Transit, sovereign immunity questions, and practical consequences for public institutions.

10 snips
Mar 6, 2026 • 48min
Cruel and Unusual and Stupid
A live University of Chicago discussion of recent Supreme Court shadow-docket rulings about school policies on gender transitions and parental notice. They also unpack a redistricting stay in New York and debate why the Court stepped in early. The conversation covers limits on lawyer consultation while a defendant testifies and constitutional puzzles over standing and jurisdiction.

17 snips
Feb 21, 2026 • 1h 26min
Betty Boop or Shakespeare
An urgent same-day legal deep dive into a sprawling tariffs decision and its surprising votes. They unpack recent Supreme Court rule changes, filing and recusal quirks, and ethics questions about justices and stock sales. The conversation traces statutory text, major-questions debate, and conflicting opinions. They end by hunting the origin of the colorful phrase 'no, no, a thousand times no.'

Feb 4, 2026 • 57min
Ayn Rand Graffiti
A live law-school conversation tackling two major Second Amendment disputes. They unpack Hawaii's rule flipping private-property defaults about carrying firearms. They debate whether property rules or constitutional rights should decide access to guns. They preview a case on barring firearm possession by unlawful drug users and tease the Court's possible split and vagueness concerns.

9 snips
Jan 22, 2026 • 47min
Bok Choy
In a brisk discussion, the hosts tackle the fascinating practice of 'martinization' and its implications for incarcerated petitioners. They meticulously dissect cases like Coney Island Auto Parts and the nuances of reasonable time limits. The complexities of the Erie doctrine are explored through Berk v. Choy, highlighting federal and state law interactions. They also dive into the retroactive aspects of restitution under the MVRA and review shifts in judicial interpretation. A lively debate on the broader consequences of these rulings adds an engaging twist.

8 snips
Jan 16, 2026 • 54min
Lake Shrimp
The hosts delve into the Supreme Court's latest opinions on election law and the Fourth Amendment. They dissect Bost v. Illinois, where the Court ruled on candidate standing in vote-counting disputes, sparking debate about voters versus candidates. Next, Case v. Montana introduces the emergency-aid doctrine, leading to discussions on evidentiary standards and Justice Sotomayor's insights on de-escalation. The episode blends legal analysis with humor, all while revealing a generous donation to the Constitutional Law Institute.

7 snips
Jan 12, 2026 • 1h 19min
The Marshal and the Margarine
Delve into the intriguing world of legal discourse with a focus on the interim docket in the Trump v. Illinois case. The hosts explore the balance between narrow and broad dissenting styles among justices. Engage in a lively debate about the implications of undoing Erie and what it means for federal officers. Discover the controversial dynamics of state prosecutions and federal immunity, while examining the Court's latest decisions and strategic motives. All this, sprinkled with personal anecdotes and reflections on the shifting landscape of law.

11 snips
Dec 19, 2025 • 1h 17min
Non-Cake Physical Object
The hosts dive into a month of Supreme Court shadow docket activity, discussing recent summary reversals and the Texas gerrymandering case. They tackle the significance of the new SCOTUSblog interim docket blog and debate the implications of the 'interim docket' label. With intriguing anecdotes about kids and non-cake cake creations, they also delve into curious circuit issues and Justice Sotomayor's perspectives on reasonable doubt. The episode wraps up with a thoughtful examination of potential redistricting reforms and the future of gerrymandering.

Nov 20, 2025 • 55min
Counter-Counter-Counter-Designations
Join a lively discussion recorded live from a unique venue as legal experts dive into pressing civil procedure topics. Explore the intricacies of the Coney Island case, focusing on void judgments and the ethical implications of litigation offers. Then, pivoting to LabCorp, they dissect accessibility issues and class action dynamics, questioning how standing impacts certifications. Delve into whether poor advocacy can lead to malpractice claims and what it means for class definitions in the legal landscape.

14 snips
Nov 15, 2025 • 1h 18min
Proximity Mines in the Facility
Dive into a lively discussion about the Supreme Court's interpretation of 'regular forces' in a high-stakes case involving the National Guard. The hosts hilariously reminisce about 90s video games, particularly GoldenEye, while debating the nature of originalism in law. They tackle pressing topics like sex-at-birth policies on passports and the profound implications of Justice Jackson's dissent on emergency stays. Expect engaging insights on legal procedures, statutory interpretations, and even nostalgic gaming strategies!


