Divided Argument
An unscheduled, unpredictable Supreme Court podcast.
In partnership with SCOTUSblog.
Recent Episodes
Recent Reviews
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.
Love this Podcast
I work for DOJ and listen to the show during my commute to and from work. It is my favorite podcast.
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.
Best
This is the best Supreme Court podcast.
Love it !
Amazing show
Law schools readings optional
When my professors cold call me, I just say I stayed up all night reading the Constitution in Congress.
Excellent podcast
I enjoy this podcast a lot. Among all the Supreme Court podcasts I t’s more “conservative” than, say, Law and Chaos, but less so than Advisory Opinions. For example, Dan and Will were comfortable with the (obvious to liberal me) fact that the Court has, in its recent election opinions, produced the appearance, if not the fact, of partisanship benefiting Republicans. Advisory Opinions scoffed at the very idea of an appearance of partisanship. Law and Chaos says the Court is unambiguously partisan. This podcast finds a reasonable middle ground, which I appreciate. Always a good listen.
Best legal pod
DA is by far the best legal pod. A real commitment to discussing the law and doctrine and taking the cases at face value puts DA in a league of its own. While some pods are essentially just recitations of the facts and holdings of the cases with some hackery layered on top, DA provides useful commentary and discussion that goes well beyond what one would get from simply reading the cases. One request - the people (me) want an unscheduled and unpredictable hat!
Delightfully Inside Baseball
As a retired trial lawyer I thoroughly enjoy learning about this part of the practice. I even enjoy their off topic conversations.
Smart, engaging discussion
As a fellow jurist I can appreciate a well informed examination of American jurisprudence.
My favorite Supreme Court podcast
There are quite a few popular podcasts focused on the Supreme Court these days. Divided Argument is in a class of its own. If you’re looking for partisan takes that confirm your priors, look elsewhere. Baude and Epps are serious legal scholars who would find hackery embarrassing. If Learned Hand was right that the spirit of liberty is the spirit which is not too sure that it is right, Divided Argument exudes the spirit of liberty. Baude comes from the right-of-center originalist world, Epps from the left-of-center project-skeptical world, but even these tentative descriptions suggest pigeon holes that the hosts avoid. Their tone is droll and witty, and I find their digressions and geeking out over Supreme Court minutiae — both were Supreme Court clerks — charming and enlightening. Their analyses of Supreme Court cases remind me of the best law school classes, the ones that pushed back, explored problems and puzzles, and resisted tidy closure. Whether you went to law school or not, Divided Argument offers smart, serious commentary that generates more light than heat and is a breath of fresh air.
Top notch
Funny, informative and really smart. Just the right amount of conflict, too. I’m hoping for decades of running commentary on the Court from this duo.
Good stuff
A couple bros who take the law thing seriously, yapping. Scratches the conlaw cartalk itch. Not for people who want super-political takes or can’t fathom law existing conceptually beyond tribalist politics. Repeat themselves often, go on some bizarre tangents, but always at least intellectually stimulating or entertaining. Often both. Caveat, I’m occasionally lost by some commentary if I didn’t read the case.
Likely best legal pod
Not always for non-lawyers, but for lawyers it’s probably the best legal podcast—at least for appellate/SCOTUS cases. Both hosts are brilliant, challenge each other’s ideas, and bring top-notch analysis to complex legal issues. Also pretty funny.
Latest episode
Continues to be the most interesting, entertaining, and educational Supreme Court podcast out there. Keep it up.
The best discussion of SCOTUS legal doctrine
In an era when most people want to complain about — or cheer about — the OUTCOMES of cases, Will and Dan focus on explaining (and sometimes debating) the legal arguments, doctrine, and precedent that leads to those outcomes. They do so in a way that is smart, informed (I believe both clerked at the Supreme Court, so they know what they are talking about in both the law and court procedure), and clear for non-experts. We need more of this kind of discussion to counter what appears to be a solidifying beliefs that the Court is “illegitimate” or “just doing politics.” It’s not. The Court is nine really smart people generally doing their best to answer often challenging questions in good faith based on relevant legal texts, the evidence presented to them, and reliable methods of logic and reasoning. And this podcast is two smart people doing their best to explain the texts, evidence, and methods for us non-experts. The result is better understanding of and, hopefully, more faith the branch of government that is currently functioning the most like its original design.
Vocal fry hall of fame
Title
Charmingly Genuine
I find Will and Dan to be the most willing of all the current court-watching podcasts to have genuine discussions about the validity of their opinions. Will is immensely well-informed, and Dan does a great job of reminding Will when he’s losing sight of the forest for the trees regarding the real world implications of the Court’s decisions. DA remains just about the only legal podcast where I can’t automatically predict the hosts views purely from partisan break down. I suppose at times the deep dives into minute points of law could be a bit dry for non-legal nerds, but I think they are delightful. Not to mention, the guys are down right funny.
Fun but sometimes esoteric
I like both posts! Been listening to Dan’s pods since 2018. Sometimes DA discussions are a bit too esoteric for me (as a hobbyist but not a lawyer) but I still enjoy the show. And the AI art is very fun!
Great Show
Two highly regarded and influential legal scholars discuss topical national legal issues.










