Separation-of-Powers Police
Thu, 26 Sep 2024
After a long hiatus, we're particularly unpredictable with an episode that isn't about the Supreme C...
Not the Best Founder
Fri, 9 Aug 2024
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
Mon, 5 Aug 2024
Unpredictably, our recent torrent of episodes continues. We take a deep dive into Moore v. United St...
Reticulated Python
Thu, 1 Aug 2024
We continue our breakneck pace and dig into two substantive criminal law opinions: Fischer v. United...
Ultimatum Game
Mon, 29 Jul 2024
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
Fri, 26 Jul 2024
As the dust settles on the end of the term, we look back to examine two of the Court's criminal proc...
Evil Batman
Fri, 19 Jul 2024
After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (overrul...
Back on the Island
Thu, 4 Jul 2024
Will makes Dan interrupt his vacation to talk about the case you've all been clamoring for: Trump v....
Hope Springs Eternal
Sun, 30 Jun 2024
We break down SEC v. Jarkesy and City of Grants Pass v. Johnson.
Felony-Adjacent
Wed, 26 Jun 2024
We cut to the chase with extended discussions of two of last week's cases: United States v. Rahimi, ...
Small Victories
Thu, 20 Jun 2024
After another discussion of Supreme Court ethics and legitimacy (hopefully our last for a long time)...
Vexillology
Sun, 2 Jun 2024
Unpredictably, we take a new approach and record immediately after the Court drops new opinions. We ...
p(doom)
Fri, 24 May 2024
Continuing our pattern of staying a week behind the Court's latest output, we discuss last week's op...
Poison Pill in Your Pocket
Thu, 16 May 2024
We follow up on feedback, puzzle over the Court's apparent continued lack of interest in Fourth Amen...
Radical Agreement
Fri, 26 Apr 2024
After taking some listener questions, we analyze the lengthy shadow docket opinions in Labrador v. P...
Bootlegging-Adjacent
Tue, 16 Apr 2024
After discussing a few pending issues at the Court, we look back to analyze several decisions from l...
Dinkus
Wed, 20 Mar 2024
After grappling with listener feedback ranging from the acoustic to the typographical, we catch up o...
Political Hacks Pretending to be Lawyers
Tue, 5 Mar 2024
We (of course) break down the Court's opinions in Trump v. Anderson, the Section Three case from Col...
Votin' for Lincoln
Tue, 13 Feb 2024
After quick review of an order about admissions at West Point and two new unanimous opinions, we spe...
Into the Brick Wall
Thu, 11 Jan 2024
After catching up on a few odds and ends, we decide to give the people what they want and discuss Se...
Muppetproof
Sun, 10 Dec 2023
We discuss the passing of Justice Sandra Day O'Connor, then turn to two interesting opinions on the ...
Easy Win
Thu, 16 Nov 2023
We discuss the Court's new Code of Conduct, catch up on shadow docket happenings, and debate what hi...
Good Dig
Fri, 27 Oct 2023
The October Term is now underway, and that means it's time for Season 4 of the show. We catch up on ...
Screaming Clown
Mon, 18 Sep 2023
The Court hasn't done too much while the summer recess drags on, but we're back for what might be ou...
Lib Fanfiction
Fri, 1 Sep 2023
The Justices have beenoff on their European vacations for a couple of months but we're still crank...
Map Guy
Wed, 9 Aug 2023
We recap some shadow docket happenings and catch up on the latest SCOTUS ethics news before continui...
Triple Threat
Mon, 31 Jul 2023
What could be more unscheduled and unpredictable than our fourth episode in little more than a week?...
Dishonorable Tradition
Thu, 27 Jul 2023
We defy all predictions by releasing a third episode in a week. This time, we talk about the interse...
Peak SG
Mon, 24 Jul 2023
In the spirit of keeping things unpredictable, we're back with a new episode barely days after the l...
My Despised World
Fri, 21 Jul 2023
After some inevitable self-flagellation for our lengthy hiatus, we catch up on some recent news and ...
Demokratia
Wed, 28 Jun 2023
We record our first inter-continental episode, as Will reports in from a visit to Tel Aviv. We then ...
Justified True Belief
Mon, 5 Jun 2023
We discuss a recent effort to identify the least interesting SCOTUS case, and then discuss Tyler v. ...
Pale Fire
Wed, 24 May 2023
We debate Justice Gorsuch's unusual "statement" in Arizona v. Mayorkas. Then, we don't let our compl...
Break the Fourth Wall
Thu, 18 May 2023
After catching up on news and bemoaning some listener feedback, we look at some opinions that the Co...
Provocative Subtitle
Tue, 16 May 2023
We talk (and argue) with special guest Steve Vladeck about his new book, The Shadow Docket, just pub...
Creator of the Stars of Night
Sat, 6 May 2023
We cover many developments -- Justice Alito's unusual interview in the Wall Street Journal, the rele...
Best Suits
Mon, 24 Apr 2023
We revisit a story about Justice Scalia from last episode and then discuss recent allegations about ...
A Chanting of Morrison v. Olson
Mon, 3 Apr 2023
We spend most of our time on some meaty opinions on the orders list -- including separate opinions i...
Mr. Jurisdiction
Mon, 6 Mar 2023
We're back to break down two of the Supreme Court's recent 5-4 opinions—Bittner v. United States, ...
Least Incorrect
Sat, 18 Feb 2023
We're live at Washington University School of Law in St. Louis! After a check-in with our most faith...
Marching Orders
Sat, 11 Feb 2023
We revisit the leak investigation, catch up on recent news, and then take a deep dive into the recen...
Soft Target
Sat, 21 Jan 2023
We're back sooner than expected to talk about the Court's release of the Marshal's report about the ...
Expanded Universe
Sat, 14 Jan 2023
We catch up on some odds and ends, take a long detour through a debate about the merits of the Star ...
Unpersuasive Scholar Trolling
Thu, 24 Nov 2022
We talk through the implications of the story about an alleged leak in the Hobby Lobby case, respond...
Relentless Personal Attacks
Mon, 14 Nov 2022
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
Wed, 2 Nov 2022
We check in on some Court-related news and developments and Dan gives Will a hard time for his recen...
Horse Sausage
Sun, 2 Oct 2022
We provided an extended preview of the arguments in one of the October cases, National Pork Producer...
Maoist Takeover
Mon, 19 Sep 2022
We open Season 3 with a live show at William and Mary Law School, part of the Scalia-Ginsburg Colleg...
I Say "Timbre"
Sat, 30 Jul 2022
We catch up on listener questions and feedback (both positive and negative), and then spend a while ...
Settling of Scores
Sun, 10 Jul 2022
We reflect on the Supreme Court term as a whole, and the direction and politics of the Court. We foc...
Character Sketches
Tue, 28 Jun 2022
In our longest episode yet, we break down two massively consequential cases: Dobbs v. Jackson Women'...
COBRA
Sun, 19 Jun 2022
We try to catch up after the Court's big opinion dump this week, and end up focusing on Ysleta del S...
SMUGLER
Sat, 11 Jun 2022
We're back to talk about Wednesday's decision in Egbert v. Boule and the problem of constitutional r...
Marshal Law
Thu, 5 May 2022
We're back to talk about the big news: the draft of Justice Alito's opinion in Dobbs, and the questi...
Hoosiers
Sun, 3 Apr 2022
We try to clear our backlog after a break. We manage to make it through United States v. Tsarnaev, R...
Shmoland
Sat, 12 Mar 2022
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
Wed, 2 Mar 2022
We catch up on the nomination of Judge Ketanji Brown Jackson, a new opinion by Justice Breyer, revis...
Speakin' to the Youth
Sat, 12 Feb 2022
We're back after a long absence, but there's a good excuse. We catch up on the biggest developments ...
Completely Naïve Idiot
Tue, 14 Dec 2021
Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibilit...
Out of Whack
Fri, 10 Dec 2021
We’ve been waiting for months to bring you this one: we can finally talk about the President’s S...
First in Flight
Sat, 6 Nov 2021
Dan and Will catch up on what the Court's been up to other than dealing with the Texas abortion law,...
Fast and Loose
Tue, 2 Nov 2021
Divided Argument is back after an unscheduled, unpredictable break to kick off a brand new season. W...
Sovereign to Sovereign
Sat, 25 Sep 2021
The road show continues as Will and Dan record another live episode at the National Association of A...
Unspeakable Cruelty
Wed, 22 Sep 2021
Divided Argument is live from the University of Chicago Law School! In our first ever episode in fro...
The Lightning Docket
Thu, 2 Sep 2021
Will and Dan break down the Court's late-night refusal to block the implementation of Texas's contro...
Out on a Limb
Sat, 14 Aug 2021
Dan and will try to catch up on the flurry of news from Thursday afternoon, including an update on t...
Beyond The Pale
Sat, 14 Aug 2021
As Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the...
Secondary Trolling
Mon, 2 Aug 2021
As October Term 2020 recedes in the rear-view mirror, Dan and Will take a moment to reflect. We pond...
Inner Sanctum
Wed, 28 Jul 2021
Will and Dan deal with listener feedback that prompts them to recall some of the Court's most bad-fa...
Crime of the Day
Sat, 24 Jul 2021
Will and Dan deal with some tough but fair listener feedback, and then get through AFP v. Bonta (fin...
Very Breyeresque
Sat, 17 Jul 2021
Dan and Will return after their vacations to catch up on what they've missed. After checking in brie...
House Parties
Thu, 24 Jun 2021
Will and Dan break down two more decisions from Wednesday. First is Collins v. Yellen, a complicated...
Evil and Corrupt Language, Images, and Thoughts
Thu, 24 Jun 2021
The Court dropped four fascinating constitutional law opinions on Wednesday, and Will & Dan talk thr...
Early Wittgenstein
Mon, 21 Jun 2021
As October Term 2020 hurtles towards a thrilling conclusion (well, hopefully), Dan and Will break do...
Triple Bank Shot
Fri, 18 Jun 2021
Will and Dan break down the Court's sudden burst of interesting opinions – California v. Texas, Fu...
So What
Fri, 4 Jun 2021
Will and Dan break down the Court's fascinating decision yesterday in Van Buren v. United States, wh...
Everybody Procrastinates
Thu, 3 Jun 2021
Dan and Will discuss the Court's recent run of unanimous cases, paying particular attention to Uni...
Faith in Princes
Sun, 23 May 2021
Will and Dan ponder what this podcast is about, continue their discussion of good faith in judging, ...
Grandma's House of Vice
Tue, 18 May 2021
Will and Dan ponder the significance Court's grant of certiorari in an abortion case, Dobbs v. Jacks...
Woke to the Trend
Mon, 17 May 2021
Will and Dan finish up their conversation about the shadow docket. They discuss the Court’s summar...
Normal Procedural Regularity
Sat, 15 May 2021
In the inaugural episode of Divided Argument, Will and Dan have the first part of a two-part discuss...