Counter-Counter-Counter-Designations
20 Nov 2025
Contributed by Lukas
Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virgi...
Proximity Mines in the Facility
15 Nov 2025
Contributed by Lukas
After a predictably unpredictable set of detours through Latin grammar, parenthing philosophies, and...
Crazy Half-Drunk Unreliable Research Assistant
31 Oct 2025
Contributed by Lukas
Divided Argument is in its sixth season! Our first episode of the term focuses, of course, on the la...
Proust or Plato
03 Oct 2025
Contributed by Lukas
For the season finale, we're joined by Yale law professor Justin Driver to talk about his new book, ...
Byzantine Wall
11 Sep 2025
Contributed by Lukas
We extend our record-breaking run with a discussion of the Court's two big recent emergency docket r...
Bedrock Con Law 101
29 Aug 2025
Contributed by Lukas
We're joined by Michigan law professor Richard Primus to talk about his new book, "The Oldest Consti...
Originalism Hulk
09 Aug 2025
Contributed by Lukas
Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis ...
The Country of the Future
28 Jul 2025
Contributed by Lukas
We finally circle back to the two big structural constitutional law cases from the last day of the t...
The Thunder Docket
25 Jul 2025
Contributed by Lukas
Acting with unpredictable alacrity and unpredictable brevity, we break down the Supreme Court's rece...
Snake-Charmer-Specific
19 Jul 2025
Contributed by Lukas
Moving with shockingly unpredictable efficiency, we respond to feedback, debate which of us is more ...
Didactic and Inculcatory
08 Jul 2025
Contributed by Lukas • Default Dataset
We look at the final orders list before summer break, and then continue to work through last month's...
Schrödinger's Innocence Right
02 Jul 2025
Contributed by Lukas • Default Dataset
We talk a bit more about Trump v. CASA, revisit the usage of "general," answer some voicemails, and ...
Why Are We Here?
27 Jun 2025
Contributed by Lukas • Default Dataset
We celebrate the 100th episode of the podcast with a special cross-over episode with Sarah Isgur at ...
Loose Signification
26 Jun 2025
Contributed by Lukas • Default Dataset
We're joined by a special guest, Harvard Law Professor Stephen Sachs, to talk about Fuld v. Palestin...
Caesar's Face
25 Jun 2025
Contributed by Lukas • Default Dataset
After some feedback and further thoughts on our Skrmetti episode and a shocking revelation about "La...
Low Horse
21 Jun 2025
Contributed by Lukas • Default Dataset
Without much introductory ado, we interrupt Will's vacation to give you a thorough breakdown of Unit...
Truth and Reconciliation
07 Jun 2025
Contributed by Lukas • Default Dataset
We start out by debating who's responsible for Dan's audio snafus last time before digging into a va...
Delete This. Call Me.
02 Jun 2025
Contributed by Lukas • Default Dataset
With apologies for Dan's horrendous audio quality: we catch up on the latest emergency-docket happen...
Gorsuch Genie
22 May 2025
Contributed by Lukas • Default Dataset
We're joined by NYU law professor Rachel Barkow to talk about her new book Justice Abandoned: How th...
Friends with Oprah Winfrey
20 May 2025
Contributed by Lukas • Default Dataset
We're back with another unexpectedly short and timely episode, focusing on last Friday's emergency d...
A Trees Guy in a Forest Court
16 May 2025
Contributed by Lukas • Default Dataset
We reflect on the death of Justice Souter and sort out some loose ends from the last episode. We the...
Moot, Wrong, and Irrelevant
25 Apr 2025
Contributed by Lukas • Default Dataset
The shadow docket strikes once again! We break down the Court's unusual immigration ruling in AARP v...
Vaxxed and Relaxed
16 Apr 2025
Contributed by Lukas • Default Dataset
We have another short administrative law episode, analyzing the Supreme Court's decision about e-cig...
In Whack ASAP
11 Apr 2025
Contributed by Lukas • Default Dataset
Thanks to the Harvard Law Review, we recorded a live episode in the famed Austin Hall at Harvard Law...
Sufficiently IKEA-like
02 Apr 2025
Contributed by Lukas • Default Dataset
We are back with an unexpectedly concise episode focused on last week's "ghost guns" decision, Bondi...
Stunned But Respectful
14 Mar 2025
Contributed by Lukas • Default Dataset
We announce the new Divided Argument blog! After discussing the blog and some listener feedback, we ...
Natural Side Effect
27 Feb 2025
Contributed by Lukas • Default Dataset
Back in the studio after a couple of fun live shows, we discover that the Court has finally given us...
Hypothetical Unicorn
14 Feb 2025
Contributed by Lukas • Default Dataset
Divided Argument is live from the Northwestern Pritzker School of Law, hosted by the Northwestern Fe...
Double Negatives
30 Jan 2025
Contributed by Lukas • Default Dataset
Divided Argument is live from Stanford Law School, hosted by the Stanford Constitutional Law Center!...
Reference Check
19 Jan 2025
Contributed by Lukas • Default Dataset
In unpredictable fashion, we record a shockingly timely episode to reflect on the Court's hasty per ...
Aide-de-camp
17 Dec 2024
Contributed by Lukas • Default Dataset
After an unpredictably long hiatus, we're back to break down what we missed. We debate the off-the-r...
Separation-of-Powers Police
26 Sep 2024
Contributed by Lukas • Default Dataset
After a long hiatus, we're particularly unpredictable with an episode that isn't about the Supreme C...
Not the Best Founder
09 Aug 2024
Contributed by Lukas • Default Dataset
We take a long last look at two more end-of-term cases, where the Court made news with what it did N...
Hype Music
05 Aug 2024
Contributed by Lukas • Default Dataset
Unpredictably, our recent torrent of episodes continues. We take a deep dive into Moore v. United St...
Reticulated Python
01 Aug 2024
Contributed by Lukas • Default Dataset
We continue our breakneck pace and dig into two substantive criminal law opinions: Fischer v. United...
Ultimatum Game
29 Jul 2024
Contributed by Lukas • Default Dataset
We're back just a few days after our last episode to dive in to Harrington v. Purdue Pharma, a 5-4 d...
Libertarian Legal Morality Tales
26 Jul 2024
Contributed by Lukas • Default Dataset
As the dust settles on the end of the term, we look back to examine two of the Court's criminal proc...
Evil Batman
19 Jul 2024
Contributed by Lukas • Default Dataset
After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (overrul...
Back on the Island
04 Jul 2024
Contributed by Lukas • Default Dataset
Will makes Dan interrupt his vacation to talk about the case you've all been clamoring for: Trump v....
Hope Springs Eternal
30 Jun 2024
Contributed by Lukas • Default Dataset
We break down SEC v. Jarkesy and City of Grants Pass v. Johnson.
Felony-Adjacent
26 Jun 2024
Contributed by Lukas • Default Dataset
We cut to the chase with extended discussions of two of last week's cases: United States v. Rahimi, ...
Small Victories
20 Jun 2024
Contributed by Lukas • Default Dataset
After another discussion of Supreme Court ethics and legitimacy (hopefully our last for a long time)...
Vexillology
02 Jun 2024
Contributed by Lukas • Default Dataset
Unpredictably, we take a new approach and record immediately after the Court drops new opinions. We ...
p(doom)
24 May 2024
Contributed by Lukas • Default Dataset
Continuing our pattern of staying a week behind the Court's latest output, we discuss last week's op...
Poison Pill in Your Pocket
16 May 2024
Contributed by Lukas • Default Dataset
We follow up on feedback, puzzle over the Court's apparent continued lack of interest in Fourth Amen...
Radical Agreement
26 Apr 2024
Contributed by Lukas • Default Dataset
After taking some listener questions, we analyze the lengthy shadow docket opinions in Labrador v. P...
Bootlegging-Adjacent
16 Apr 2024
Contributed by Lukas • Default Dataset
After discussing a few pending issues at the Court, we look back to analyze several decisions from l...
Dinkus
20 Mar 2024
Contributed by Lukas • Default Dataset
After grappling with listener feedback ranging from the acoustic to the typographical, we catch up o...
Political Hacks Pretending to be Lawyers
05 Mar 2024
Contributed by Lukas • Default Dataset
We (of course) break down the Court's opinions in Trump v. Anderson, the Section Three case from Col...
Votin' for Lincoln
13 Feb 2024
Contributed by Lukas • Default Dataset
After quick review of an order about admissions at West Point and two new unanimous opinions, we spe...
Into the Brick Wall
11 Jan 2024
Contributed by Lukas • Default Dataset
After catching up on a few odds and ends, we decide to give the people what they want and discuss Se...
Muppetproof
10 Dec 2023
Contributed by Lukas • Default Dataset
We discuss the passing of Justice Sandra Day O'Connor, then turn to two interesting opinions on the ...
Easy Win
16 Nov 2023
Contributed by Lukas • Default Dataset
We discuss the Court's new Code of Conduct, catch up on shadow docket happenings, and debate what hi...
Good Dig
27 Oct 2023
Contributed by Lukas • Default Dataset
The October Term is now underway, and that means it's time for Season 4 of the show. We catch up on ...
Screaming Clown
18 Sep 2023
Contributed by Lukas • Default Dataset
The Court hasn't done too much while the summer recess drags on, but we're back for what might be ou...
Lib Fanfiction
01 Sep 2023
Contributed by Lukas • Default Dataset
The Justices have beenoff on their European vacations for a couple of months but we're still crank...
Map Guy
09 Aug 2023
Contributed by Lukas • Default Dataset
We recap some shadow docket happenings and catch up on the latest SCOTUS ethics news before continui...
Triple Threat
31 Jul 2023
Contributed by Lukas • Default Dataset
What could be more unscheduled and unpredictable than our fourth episode in little more than a week?...
Dishonorable Tradition
27 Jul 2023
Contributed by Lukas • Default Dataset
We defy all predictions by releasing a third episode in a week. This time, we talk about the interse...
Peak SG
24 Jul 2023
Contributed by Lukas • Default Dataset
In the spirit of keeping things unpredictable, we're back with a new episode barely days after the l...
My Despised World
21 Jul 2023
Contributed by Lukas • Default Dataset
After some inevitable self-flagellation for our lengthy hiatus, we catch up on some recent news and ...
Demokratia
28 Jun 2023
Contributed by Lukas • Default Dataset
We record our first inter-continental episode, as Will reports in from a visit to Tel Aviv. We then ...
Justified True Belief
05 Jun 2023
Contributed by Lukas • Default Dataset
We discuss a recent effort to identify the least interesting SCOTUS case, and then discuss Tyler v. ...
Pale Fire
24 May 2023
Contributed by Lukas • Default Dataset
We debate Justice Gorsuch's unusual "statement" in Arizona v. Mayorkas. Then, we don't let our compl...
Break the Fourth Wall
18 May 2023
Contributed by Lukas • Default Dataset
After catching up on news and bemoaning some listener feedback, we look at some opinions that the Co...
Provocative Subtitle
16 May 2023
Contributed by Lukas • Default Dataset
We talk (and argue) with special guest Steve Vladeck about his new book, The Shadow Docket, just pub...
Creator of the Stars of Night
06 May 2023
Contributed by Lukas • Default Dataset
We cover many developments -- Justice Alito's unusual interview in the Wall Street Journal, the rele...
Best Suits
24 Apr 2023
Contributed by Lukas • Default Dataset
We revisit a story about Justice Scalia from last episode and then discuss recent allegations about ...
A Chanting of Morrison v. Olson
03 Apr 2023
Contributed by Lukas • Default Dataset
We spend most of our time on some meaty opinions on the orders list -- including separate opinions i...
Mr. Jurisdiction
06 Mar 2023
Contributed by Lukas • Default Dataset
We're back to break down two of the Supreme Court's recent 5-4 opinions—Bittner v. United States, ...
Least Incorrect
18 Feb 2023
Contributed by Lukas • Default Dataset
We're live at Washington University School of Law in St. Louis! After a check-in with our most faith...
Marching Orders
11 Feb 2023
Contributed by Lukas • Default Dataset
We revisit the leak investigation, catch up on recent news, and then take a deep dive into the recen...
Soft Target
21 Jan 2023
Contributed by Lukas • Default Dataset
We're back sooner than expected to talk about the Court's release of the Marshal's report about the ...
Expanded Universe
14 Jan 2023
Contributed by Lukas • Default Dataset
We catch up on some odds and ends, take a long detour through a debate about the merits of the Star ...
Unpersuasive Scholar Trolling
24 Nov 2022
Contributed by Lukas • Default Dataset
We talk through the implications of the story about an alleged leak in the Hobby Lobby case, respond...
Relentless Personal Attacks
14 Nov 2022
Contributed by Lukas • Default Dataset
In this mega-episode, we catch up on the orders list, circle back to Mallory, which we talked about ...
For Liberty and not for Fascism
02 Nov 2022
Contributed by Lukas • Default Dataset
We check in on some Court-related news and developments and Dan gives Will a hard time for his recen...
Horse Sausage
02 Oct 2022
Contributed by Lukas • Default Dataset
We provided an extended preview of the arguments in one of the October cases, National Pork Producer...
Maoist Takeover
19 Sep 2022
Contributed by Lukas • Default Dataset
We open Season 3 with a live show at William and Mary Law School, part of the Scalia-Ginsburg Colleg...
I Say "Timbre"
30 Jul 2022
Contributed by Lukas • Default Dataset
We catch up on listener questions and feedback (both positive and negative), and then spend a while ...
Settling of Scores
10 Jul 2022
Contributed by Lukas • Default Dataset
We reflect on the Supreme Court term as a whole, and the direction and politics of the Court. We foc...
Character Sketches
28 Jun 2022
Contributed by Lukas • Default Dataset
In our longest episode yet, we break down two massively consequential cases: Dobbs v. Jackson Women'...
COBRA
19 Jun 2022
Contributed by Lukas • Default Dataset
We try to catch up after the Court's big opinion dump this week, and end up focusing on Ysleta del S...
SMUGLER
11 Jun 2022
Contributed by Lukas • Default Dataset
We're back to talk about Wednesday's decision in Egbert v. Boule and the problem of constitutional r...
Marshal Law
05 May 2022
Contributed by Lukas • Default Dataset
We're back to talk about the big news: the draft of Justice Alito's opinion in Dobbs, and the questi...
Hoosiers
03 Apr 2022
Contributed by Lukas • Default Dataset
We try to clear our backlog after a break. We manage to make it through United States v. Tsarnaev, R...
Shmoland
12 Mar 2022
Contributed by Lukas • Default Dataset
We try to catch up on what the Court did since we last recorded, but end only making it through the ...
Knife in the Back
02 Mar 2022
Contributed by Lukas • Default Dataset
We catch up on the nomination of Judge Ketanji Brown Jackson, a new opinion by Justice Breyer, revis...
Speakin' to the Youth
12 Feb 2022
Contributed by Lukas • Default Dataset
We're back after a long absence, but there's a good excuse. We catch up on the biggest developments ...
Completely Naïve Idiot
14 Dec 2021
Contributed by Lukas • Default Dataset
Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibilit...
Out of Whack
10 Dec 2021
Contributed by Lukas • Default Dataset
We’ve been waiting for months to bring you this one: we can finally talk about the President’s S...
First in Flight
06 Nov 2021
Contributed by Lukas • Default Dataset
Dan and Will catch up on what the Court's been up to other than dealing with the Texas abortion law,...
Fast and Loose
02 Nov 2021
Contributed by Lukas • Default Dataset
Divided Argument is back after an unscheduled, unpredictable break to kick off a brand new season. W...
Sovereign to Sovereign
25 Sep 2021
Contributed by Lukas • Default Dataset
The road show continues as Will and Dan record another live episode at the National Association of A...
Unspeakable Cruelty
22 Sep 2021
Contributed by Lukas • Default Dataset
Divided Argument is live from the University of Chicago Law School! In our first ever episode in fro...
The Lightning Docket
02 Sep 2021
Contributed by Lukas • Default Dataset
Will and Dan break down the Court's late-night refusal to block the implementation of Texas's contro...
Out on a Limb
14 Aug 2021
Contributed by Lukas • Default Dataset
Dan and will try to catch up on the flurry of news from Thursday afternoon, including an update on t...
Beyond The Pale
14 Aug 2021
Contributed by Lukas • Default Dataset
As Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the...
Secondary Trolling
02 Aug 2021
Contributed by Lukas • Default Dataset
As October Term 2020 recedes in the rear-view mirror, Dan and Will take a moment to reflect. We pond...
Inner Sanctum
28 Jul 2021
Contributed by Lukas • Default Dataset
Will and Dan deal with listener feedback that prompts them to recall some of the Court's most bad-fa...