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Divided Argument

Will Baude & Dan Epps
Supreme Court
Constitutional Law
Trump Administration
Second Amendment
Affirmative Action
Justice Alito
Voting Rights Act
Fourth Amendment
Shadow Docket
Higher Education
Qualified Immunity
First Amendment
Administrative Law
Recusal Standards
Judicial Ethics
Capital Punishment
Tariffs
Gender Identity
Emergency Docket
Eighth Amendment

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

PublishesWeeklyEpisodes138Founded5 years ago
Number of ListenersCategories
GovernmentNewsPolitics

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Artwork for Divided Argument

Latest Episodes

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 episode to Cisco Systems v. Doe, the Falun Gong surveillance case that closes the door... more

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 really limited to ferrous metals, along with the origins of the S tier and the ... more

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 limit girls' and women's sports teams to biological sex without violation Equal Prot... more

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 scorecard grades our respective forecasting records, and Justices Kagan and Barrett take... more

Key Facts

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Number of Listeners
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Recent Guests

Pam Karlan
Professor of Public Interest Law at Stanford Law School; co-director of the Supreme Court Litigation Clinic
Stanford Law School
Episode: Ninja Court Packing
Justin Driver
Robert R. Slaughter Professor of Law and author of The Fall of Affirmative Action
University of Chicago Law School
Episode: Proust or Plato
Richard Primus
Professor at the University of Michigan Law School and author of The Oldest Constitutional Question, Enumeration and Federal Power
University of Michigan Law School
Episode: Bedrock Con Law 101
Steve Sachs
Antonin Scalia Professor of Law at Harvard Law School with expertise in Civil Procedure and Constitutional Law.
Harvard Law School
Episode: Loose Signification
Rachel Barkow
NYU law professor and author
New York University
Episode: Gorsuch Genie
Oren Kerr
New addition to the Stanford Law Faculty
Stanford Law School
Episode: Double Negatives
Daryl Levinson
David Boyce Professor of Law at NYU School of Law
NYU School of Law
Episode: Separation-of-Powers Police

Hosts

Will Baude
Host of the podcast with Dan Epps; often leads discussions and provides legal analysis and background from a law-educated perspective.
Dan Epps
Co-host and frequent co-analyst; brings scholarly legal analysis and experience from Supreme Court-related work.

Reviews

4.9 out of 5 stars from 1.3k ratings
  • The honest SCOTUS podcast

    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 deliv... more

    Apple Podcasts
    5
    Kfjfjejfiejfnjwiciwjcjwbufhe
    United States20 days ago
  • Best SCOTUS pod

    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 👍

    Apple Podcasts
    5
    Greg Maleska
    United States24 days ago
  • title text goes here

    Well Dan, I don’t have a lot of expectations and artwork for every episode isn’t one. However, I do expect a greater degree of ethical behavior from a couple of law professors than using The Machine Designed to Break Copyright.

    Apple Podcasts
    1
    fullspeedintothesun
    United States25 days ago
  • Deep analysis and crisp audio

    As a civil litigator practicing primarily in federal court, I find Divided Argument consistently enlightening. Dan Epps and Will Baude dig into legal issues with real depth and nuance, and their banter makes even dense topics genuinely fun to follow. The production quality is excellent too, crisp, clear audio throughout. It’s become one of my favorite podcasts to listen to while mowing the lawn or walking my English springer spaniel. Highly recommend for anyone who wants smart, substantive legal... more

    Apple Podcasts
    5
    Edw_Atty
    United Statesa month ago
  • Your KBJ commentary

    I very much respect your perspectives and I generally enjoy the episodes, but perhaps there is a blind spot you are not seeing. Both of you consistently, in episode after episode, dismiss Justice KBJ’s opinions. You both seem to almost revel in it. I am sure you will deny it but in a moment of honest self reflection, you might want to look

    into that. It is my only sore point about the entire podcast.

    Apple Podcasts
    4
    O.F.A88
    United States2 months ago

Listeners Say

Key themes from listener reviews, highlighting what works and what could be improved about the show.

High-quality production and insightful case discussions.
Perceived independence concerns tied to SCOTUSblog affiliation may be noted by listeners.
Polished, deep legal analysis with civil debate.
Credible hosts with strong academic credibility.

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#30
United States/Government
Apple Podcasts
#62
Canada/Government
Apple Podcasts
#65
United Kingdom/Government
Apple Podcasts
#113
Italy/Government
Apple Podcasts
#163
Australia/Government
Apple Podcasts
#220
France/Government

Talking Points

Recent interactions between the hosts and their guests.

Ninja Court Packing
Q: Do you think the Court's handling of the Callais/Milligan posture accurately reflects a principled stance or a strategic one?
Pam Karlan suggests the Court's move was technically narrow and perhaps driven by procedural concerns rather than a clear-merits ruling, indicating a strategic compromise rather than a definitive constitutional stance.
Counter-Counter-Counter-Designations
Q: What did you learn about deposition designations and counter counter designations?
There are interesting procedural layers in law that include terms like counter designations and counter counter designations, showing the complexities in how legal documents are filed and contested.
Proust or Plato
Q: Do you think affirmative action will still be necessary in 25 years?
The challenge is understanding how the timing of admissions policies ties to the Supreme Court's decisions, and future justices might not allow extensions of current practices without clear motivation.
Proust or Plato
Q: What do you think are the rules for how schools can grade them?
Admissions officers would need to credit a white applicant who states their difficulties have a racial dimension, ensuring fairness in evaluation.
Bedrock Con Law 101
Q: What do you think the world should look like if everyone were to accept your book?
First choice would actually be to maintain the tension, as the tension is fine with me. However, the model of implied powers is also a viable way of reducing limitations on congressional authority.

Audience Metrics

Listeners, social reach, demographics and more for this podcast.

Listeners per Episode
Gender Skew
Location
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Frequently Asked Questions About Divided Argument

What is Divided Argument about and what kind of topics does it cover?

Two scholars-turned-hosts unpack Supreme Court decisions with rigorous, doctrine-first analysis and thoughtful banter. Episodes blend close readings of opinions, historical context, and practical implications, often exploring how rules and theories play out in current cases. The format emphasizes civil, back-and-forth debate between two well-credentialed hosts, with occasional guests or references to broader legal discourse, and sponsorship mentions at the end. Its distinctive angle is a balanced, non-dogmatic approach to complex constitutional issues, making arcane topics accessible to educated listeners who want depth without being partisan hype. This makes it a strong pick for listeners who value careful legal reasoning and a transparent... more

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Which podcasts are similar to Divided Argument?

These podcasts share a similar audience with Divided Argument:

1. Advisory Opinions
2. Amarica's Constitution
3. We the People
4. Strict Scrutiny
5. The Dispatch Podcast

How many episodes of Divided Argument are there?

Divided Argument launched 5 years ago and published 138 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Divided Argument?

Recent guests on Divided Argument include:

1. Pam Karlan
2. Justin Driver
3. Richard Primus
4. Steve Sachs
5. Rachel Barkow
6. Oren Kerr
7. Daryl Levinson

To view more recent guests and their details, simply upgrade your Rephonic account. You'll also get access to a typical guest profile to help you decide if the show is worth pitching.

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