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Divided Argument

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

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

PublishesWeeklyEpisodes134Founded5 years ago
Number of ListenersCategories
GovernmentPoliticsNews

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Artwork for Divided Argument

Latest Episodes

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 Mullin v. Doe the Court lets the administration terminate temporary protected st... more

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 Court's first major Fourth Amendment decision in years. We trace how the geofence... more

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 most of the episode on why the four dissents each end up somewhere different — and ... more

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 overrules Humphrey's Executor and clears away for-cause protection for the inde... more

Key Facts

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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
Co-host and regular host; law professor with a focus on constitutional law and statutory interpretation.
Dan Epps
Co-host and regular host; law professor with expertise in constitutional law and Supreme Court procedure.

Reviews

4.9 out of 5 stars from 1.2k ratings
  • 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 States16 days ago
  • Love this Podcast

    I work for DOJ and listen to the show during my commute to and from work. It is my favorite podcast.

    Apple Podcasts
    5
    Welcome to the Octagon
    United States18 days ago
  • Royal Flush

    Long time listener, always enjoy the podcast as you stumble roughshod over general morals to explain where the court is coming from. But honestly.. you guys are clearly flush with cash given your career choices.. do we really need the ai generated covers for these episodes? They are always fitting, but equally devoid of life. Hire an artist.. although I suppose if trampling about to fit pieces into holes comes so naturally.. Who cares.

    Apple Podcasts
    3
    RedSkyBurns
    United States19 days ago
  • Love the back and forth

    Even when I, as a non-lawyer, get lost when precedents are cited, I still appreciate the back and forth and microscopic and macroscopic analyses.

    Apple Podcasts
    5
    Pepperjack2
    United States19 days ago
  • Best

    This is the best Supreme Court podcast.

    Apple Podcasts
    5
    Bryce Farrington
    United States25 days ago

Listeners Say

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

Great balance of depth and accessibility; occasionally dense for casual listeners.
Chemistry between hosts makes complex topics approachable.
Insightful, rigorous analysis of Supreme Court issues.
Strong guest dynamics and up-to-date coverage of major cases.

Chart Rankings

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

Apple Podcasts
#27
United States/Government
Apple Podcasts
#161
United Kingdom/Government
Apple Podcasts
#174
Canada/Government
Apple Podcasts
#127
Italy/Government
Apple Podcasts
#174
Australia/Government
Apple Podcasts
#237
Germany/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
Interests
Professions
Age Range
Household Income
Social Media Reach

Frequently Asked Questions About Divided Argument

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

This unscheduled, unpredictable Supreme Court podcast features two law professors who dissect high-profile decisions and the broader doctrinal shifts they signal. Across episodes, deep dives into voting rights, shadow docket dynamics, procedural nuance, and the Court's approach to federalism and executive power are balanced with witty banter and lively debate. Notable for its long-form, argumentative style and willingness to reframe conventional narratives, it often pairs rigorous legal analysis with accessible commentary, guest experts, and occasional live audience energy. A strong selling point is the chemistry and clear, candid exchanges between the hosts, making complex constitutional questions approachable for legally literate listener... 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. The Dispatch Podcast
5. Law Talk With Epstein, Yoo & Cooke

How many episodes of Divided Argument are there?

Divided Argument launched 5 years ago and published 134 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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