Divided Argument artwork

Government · Will Baude & Dan Epps

Divided Argument

by Will Baude & Dan Epps

An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps. In partnership with SCOTUSblog.

Latest episodes

Showing 20 · updated from the feed

Shoe of Damocles

We're back after a break, and the August interim docket handed us two per curiam standing rulings. In Trump v. California, the Court stayed the injunction against the mai

Sep 10
1 h 19 min

A Thriving Atrocities Practice

After following up on Justice Alito's summer interview, the new birthright-citizenship executive orders, and the Court's record-low approval numbers, we devote the episod

Aug 19
1 h 15 min

Very Civilized Orangutans

We squeeze in one more episode before Will's vacation, tying the single-season record in the process. The mailbag then demands a reckoning on whether Magneto's powers are

Aug 12
1 h 09 min

Ice by Magneto

We're back — maybe getting a little too scheduled — with one opinion on the docket: West Virginia v. B.P.J. and Little v. Hecox, where the Court held that states may limi

Aug 3
1 h 04 min

The Based Direction

We're back from vacation and chipping away at the summer backlog. Before the substance: listeners weigh in on our AI-generated cover art, Claude's new prediction scorecar

Jul 27
54 min

Norway-Sweden Worshippers

We picked two immigration decisions from the same day over the transgender-sports case because — Dan’s protests notwithstanding — that’s where the interesting law is. In

Jul 13
1 h 29 min

Smart Microwave

After a quick check on the Nina Totenberg embargo kerfuffle and one more revelation from Justice Thomas's memoir, we devote the episode to Chatrie v. United States, the C

Jul 6
1 h 25 min

Weird Islands

It's the last opinion day of the term, and the big one landed: Trump v. Barbara, the birthright-citizenship case. We read the majority as the rare easy case and spend mos

Jul 2
1 h 14 min

Always Already

The big opinions are coming fast and furious as the Term ends. This episode, we take on two related cases from the penultimate opinion drop day: Trump v. Slaughter, which

Jul 1
1 h 12 min

Mechanical / Animal

We're in triage mode as the Court clears its end-of-term backlog. We run through the week's opinion dump before focusing on two cases that look unrelated but turn on the

Jun 28
56 min

Alcoholic Originalism

The big opinions are starting to drop, and we're doing our best to keep pace. We first discuss Landor v. Louisiana Department of Corrections, which concerns religious lib

Jun 26
1 h 02 min

Watch Snobs

We open with the usual grab bag—the "foot fault" pun buried in a Justice Thomas opinion, reading Justice Alito's clerk-hiring tea leaves, and a detour into the metaphysic

Jun 14
1 h 16 min

Impregnable Citadel of Technicality

After puzzling over an interesting follow-up question about Pitchford v. Cain, we unpack a summary vacatur in Whitton v. Dixon. We then spend a while breaking down the la

Jun 8
1 h 12 min

Smooth Stone in the River

The Court has been busy, and we somehow manage to cover a number of developments with unpredictable efficiency. We talk about the Court's latest summary reversal on the "

Jun 1
1 h 10 min

Ninja Court Packing

We are joined by guest co-host Professor Pam Karlan at the American Law Institute Annual Meeting for the last live show of season 6. We work through a busy stretch of the

May 19
1 h 08 min

Majordoma

The Court’s latest Voting Rights Act decision, Louisiana v. Callais, narrows Section 2 in a way that could reshape redistricting, weaken majority-minority districts, and

May 7
1 h 01 min

Even Eve-ier

A deep dive into the latest Supreme Court news, a couple of unusual shadow docket rulings, and a cross-ideological merits decision that raises classic questions about fed

Apr 29
1 h 00 min

Backup backup backup backup argument

We recap and reflect on the oral arguments in Trump v. Barbara (the birthright citizenship case) and then analyze the Court's recent decision in Chiles v. Salazar, about

Apr 6
1 h 17 min

Jezebel Shouting

We're live at WashU Law's Admitted Students Day! After catching up on some shadow docket activity, we dig into Olivier v. City of Brandon, the Court's unanimous March 202

Apr 2
37 min

A Subversive Mission

We announce an exciting new partnership with SCOTUSblog and introduce the show to new listeners. We then return to the mysterious origins of the Chief Justice's "no, no,

Mar 11
50 min

Chart trend

Position in the Government chart (US), last 90 days.

#2
all-time peak
5
days in the top 3 since Nov 2024

Chart positions

Where Divided Argument ranks today in each Apple Podcasts chart (US, Sep 20, 2026).

#30 ▼ 1 Government US

What listeners say

A curated, balanced selection of Apple Podcasts reviews.

I’m a current law student and have been looking for a podcast where the hosts are interesting and have opinions, but that also provides high quality legal analysis without too much proselytizing. This is perfect!

kaw1013 · Sep 2026

It is a favorite podcast of mine. I find the analysis approachable but more thoughtful than any other scotus podcast I have heard.

Omom WB · Aug 2026

Thoughtful, good faith, deep analysis of SCOTUS opinions by two commenters with different ideological preferences but a shared willingness to debate them civilly. And they have a sense of humor, too. My only criticism is the lack of assurances over their independence following affiliation with SCOTUSblog and its acquisition by Dispatch. Dispatch is a conservative (or moderate-conservative) outlet. At least one of its founders (Goldberg) has, at times, veered into pure partisan hackery. To deliver on the pod’s promise, its listeners deserve to understand what safeguards were implemented to ensure the pod remains free of pressure to toe a party line, or if none, disclosure of that fact.

Kfjfjejfiejfnjwiciwjcjwbufhe · Aug 2026

Consistently the best Supreme Court podcast out there. None of the justices are demonized by the hosts. They give excellent case analysis and background information. They give careful intellectual scrutiny to decisions rather than demonize any of the justices. Your favorite lawyer’s favorite podcast. PS- if you could do a guest episode with Orin Kerr for his new article on Chatrie that would be awesome 👍

Greg Maleska · Aug 2026

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Here you find the Apple Podcasts chart positions of Divided Argument, its latest episodes to listen to directly, and reviews from listeners. Rankings are updated daily for the United States.

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