The road show continues as Will and Dan record another live episode at the National Association of Attorneys General's State Solicitors General and Appellate Chiefs Conference in Chicago. They delve deeper into Texas's abortion law and the US's lawsuit seeking to stop it. Then, they have a broader d...

Divided Argument is live from the University of Chicago Law School! In our first ever episode in front of a live studio audience, we catch up on recent Court-related developments, such as several Justices' recent public remarks pushing back on Court politicization and the Court's latest foray into w...

Will and Dan break down the Court's late-night refusal to block the implementation of Texas's controversial "fetal heartbeat" law, and what it might mean for the future of the Court's abortion jurisprudence.

Dan and will try to catch up on the flurry of news from Thursday afternoon, including an update on the Acting Solicitor General and the Court’s surprising grant of injunctive relief against New York’s eviction procedures. Come for the breaking news, stay to find out how Dan procrastinate and to lear...

As Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the qui tam statute indirectly saved Roe v. Wade. We then catch up on a few legal developments: The Biden Administration has renewed its eviction moratorium, confusing many legal observers in the process...

As October Term 2020 recedes in the rear-view mirror, Dan and Will take a moment to reflect. We ponder the current balance of power on the Court and how the pandemic era might change the institution. We also address some listener feedback on Transunion; Will defends himself against the charge that h...

Will and Dan deal with listener feedback that prompts them to recall some of the Court's most bad-faith decisions in recent years. They then do a deep dive into Transunion v. Ramirez, the Court's major standing decision from the end of the Term.

Will and Dan deal with some tough but fair listener feedback, and then get through AFP v. Bonta (finally). Listen to see if they get further!

Dan and Will return after their vacations to catch up on what they've missed. After checking in briefly on Justice Breyer, they try to talk about two of the Court's biggest cases from the end of the Term. They only manage to get through one of them: Brnovich v. DNC.

Will and Dan break down two more decisions from Wednesday. First is Collins v. Yellen, a complicated separation of powers and severability case with a lot of money on the line. Second is Lange v. California, a Fourth Amendment case about the "hot pursuit" doctrine, which gives rise to some high scho...

The Court dropped four fascinating constitutional law opinions on Wednesday, and Will & Dan talk through two of them. First up is Mahanoy, which addresses First Amendment protections for Snapchatting school kids. Then we have Cedar Point, an important decision about the Takings Clause.

As October Term 2020 hurtles towards a thrilling conclusion (well, hopefully), Dan and Will break down two of Monday's decisions. They explore the separation of powers and severability in United States v. Arthrex and talk about antitrust law's implications for college sports in NCAA v. Alston.

Will and Dan break down the Court's sudden burst of interesting opinions – California v. Texas, Fulton v. Philadelphia, and Nestle v. Doe.

Will and Dan break down the Court's fascinating decision yesterday in Van Buren v. United States, which interpreted the Computer Fraud and Abuse Act.

Dan and Will discuss the Court's recent run of unanimous cases, paying particular attention to United States v. Cooley; ponder weighty issues like the role of the Hart & Wechsler casebook in defining the field of federal courts; and announce a fun new way for listeners to engage with the show.

Will and Dan ponder what this podcast is about, continue their discussion of good faith in judging, try to game out exactly what the Court is up to in Dobbs v. Jackson Women's Health, and respond to listener feedback.

Will and Dan discuss Edwards v. Vannoy and other opinions released this week, as well as the Court's decision to grant cert in an abortion case.

Will and Dan finish up their conversation about the shadow docket.

Will and Dan have the first part of a two-episode discussion of the Supreme Court's "shadow docket."