A Thriving Atrocities Practice
Cisco Systems v. Doe shuts the Alien Tort Statute door Sosa left open — pirates, ambassadors, and one Phoenix bar band excepted.
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Government & Organizations
Divided Argument
An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.
Divided Argument Podcast Guide
Listen to Divided Argument, a Government & Organizations podcast by Will Baude & Dan Epps. Stream 138 episodes in English, follow new audio stories, and play episodes online on Radio and Podcast.
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Episodes
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Very Civilized Orangutans
Hunter v. United States makes appeal waivers yield to "miscarriages of justice" — and nobody, including the Court, can quite say why.
Ice by Magneto
We finally tackle the trans-sports cases and walk through the Court’s Equal Protection and Title IX analysis.
The Based Direction
Rooker-Feldman, pronounced dead two decades ago, turns out to be alive — and the Court's formalists split right down the middle.
Norway-Sweden Worshippers
We cover two immigration wins in one day: the Court clears the way to end TPS for Haiti and Syria, then decides asylum turns on whether you...
Smart Microwave
We break down Chatrie v. United States, the Court's ruling that a geofence warrant is a Fourth Amendment search — what it does to the third-...
Weird Islands
The birthright-citizenship order goes down — but the vote is closer than anyone bet, and the four dissenters can't agree on why.
Always Already
Humphrey's Executor falls and independent agencies lose for-cause protection — but the Fed, alone, somehow survives.
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 l...
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...
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, an...
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 spe...
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 la...
Ninja Court Packing
Live from the American Law Institute with Pam Karlan, we untangle a chaotic stretch of the interim docket—the Alabama redistricting GVR, Vir...
Majordoma
We dissect the Supreme Court’s Louisiana v. Callais decision and its sweeping narrowing of Section 2 of the Voting Rights Act, exploring how...
Even Eve-ier
We cover leaked SCOTUS memos, shadow docket reversals, Sotomayor's Kavanaugh apology, and a contractor preemption case narrowing an infamous...
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 decisio...
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 ,...
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...
Cruel and Unusual and Stupid
It's our live show at the University of Chicago! Hosted by the University of Chicago Federalist Society, we discuss this week's big shadow-d...