Smart Microwave
Divided ArgumentJuly 06, 2026x
24
01:25:13195.05 MB

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-party doctrine and the mosaic theory, and where the separate opinions leave the law.

Weird Islands
Divided ArgumentJuly 02, 2026x
23
01:14:42170.99 MB

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
Divided ArgumentJuly 01, 2026x
22
01:12:37166.19 MB

Always Already

Humphrey's Executor falls and independent agencies lose for-cause protection — but the Fed, alone, somehow survives.

Mechanical / Animal
Divided ArgumentJune 28, 2026x
21
00:56:10128.57 MB

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 look unrelated but turn on the same question: when may a state rewrite background property law to limit a constitutional right? In Wolford v. Lopez , the Court s...

Alcoholic Originalism
Divided ArgumentJune 26, 2026x
20
01:02:47143.7 MB

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 , which concerns religious liberty, the scope of Congress's power to create remedies against individuals under the Spending Clause, and whether there's any red...

Watch Snobs
Divided ArgumentJune 14, 2026x
19
01:16:51175.89 MB

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, and a detour into the metaphysics of conditional resignations and whether you can be confirmed to a vacancy that doesn't exist yet. Then to the merits: Keathley v...

Impregnable Citadel of Technicality
Divided ArgumentJune 08, 2026x
18
01:12:49166.65 MB

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 spend a while breaking down the latest developments in Allen v. Milligan line, in which we discuss the future of the Purcell principle and whether the Court should...

Smooth Stone in the River
Divided ArgumentJune 01, 2026x
17
01:10:40161.73 MB

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 latest summary reversal on the "party presentation principle"; Justice Kavanaugh's vindication of his law journal student note in Pitchford v. Cain ; Rutherford a...

Ninja Court Packing
Divided ArgumentMay 19, 2026x
16
01:08:48157.47 MB

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, Virginia's denied stay, and the mifepristone cases—then turn to executive power and the Term's big looming decisions.

Majordoma
Divided ArgumentMay 07, 2026x
15
01:01:14140.17 MB

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 it could reshape redistricting, weaken majority‑minority districts, and intensify debates over race and partisanship in elections. We unpack the Court’s reason...

Even Eve-ier
Divided ArgumentApril 29, 2026x
14
01:00:51139.29 MB

Even Eve-ier

We cover leaked SCOTUS memos, shadow docket reversals, Sotomayor's Kavanaugh apology, and a contractor preemption case narrowing an infamous Scalia opinion.

Backup backup backup backup argument
Divided ArgumentApril 06, 2026x
13
01:17:5371.31 MB

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 decision in Chiles v. Salazar, about the First Amendment limits on Colorado's conversion therapy ban. We also confront the taboo question: Are judicial opinions too lo...

Jezebel Shouting
Divided ArgumentApril 02, 2026x
12
00:37:4734.6 MB

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, the Court's unanimous March 2026 decision by Justice Kagan. A Mississippi street preacher pleads no-contest to violating an amphitheater protest-zone ordinance, ...

A Subversive Mission
Divided ArgumentMarch 11, 2026x
11
00:50:4646.49 MB

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 the Chief Justice's "no, no, a thousand times no," debate the Court's new policy designed to maintain secrecy, and then take a close look at Galette v. NJ Tran...

Cruel and Unusual and Stupid
Divided ArgumentMarch 06, 2026x
10
00:47:5543.88 MB

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-docket rulings about gender transitions in California Schools (Mirabelli v. Bonta) and redistricting in New York (Malliotakis v. Williams), and also break down t...

Betty Boop or Shakespeare
Divided ArgumentFebruary 21, 2026x
9
01:26:2379.09 MB

Betty Boop or Shakespeare

We take a close look at the tariffs decision.

Ayn Rand Graffiti
Divided ArgumentFebruary 04, 2026x
8
00:57:1852.46 MB

Ayn Rand Graffiti

We're back for another live show at the Northwestern Pritzker School of Law, hosted by the Northwestern Federalist Society! We discuss the term's two Second Amendment arguments -- first recapping the oral argument in Wolford v. Lopez, featuring Hawaii's law about getting consent to bear arms on priv...

Bok Choy
Divided ArgumentJanuary 22, 2026x
7
00:47:2843.47 MB

Bok Choy

With shocking and uncharacteristic efficiency, we manage to discuss three merits opinions and one orders list dissent in only 47 minutes. Specifically, we revisit Coney Island Auto Parts Unlimited, Inc. v. Burton (time limits for moving to vacate void judgments) and break down Berk v. Choy (an inter...

Lake Shrimp
Divided ArgumentJanuary 16, 2026x
6
00:53:3649.08 MB

Lake Shrimp

We didn't get the tariffs decision this week, but we discuss two of the opinions we did get -- Bost v. Illinois Board of Elections, a decision about standing and election law, and Case v. Montana, a rare Fourth Amendment case -- in a remarkably efficient episode (after a brief detour into Grok's jur...

The Marshal and the Margarine
Divided ArgumentJanuary 12, 2026x
5
01:18:3371.93 MB

The Marshal and the Margarine

We're back with the first episode of the new year, breaking down the interim docket opinion/order in Trump v. Illinois, the national guard case, after first warming up with new Erie scholarship, state criminal jurisdiction over federal officers, and some recent online discourse.

Non-Cake Physical Object
Divided ArgumentDecember 19, 2025x
4
01:17:1570.73 MB

Non-Cake Physical Object

We're back to break down a month's worth of shadow docket activity -- three recent summary reversals, plus the stay in the Texas gerrymandering case (Abbott v. LULAC). We also discuss the launch of the SCOTUSblog "interim docket blog."

Counter-Counter-Counter-Designations
Divided ArgumentNovember 20, 2025x
3
00:55:2450.72 MB

Counter-Counter-Counter-Designations

Will and Dan record a rare live show in an unusual venue: the Salamander Resort in Middleburg, Virginia, at the annual attorney retreat for trial boutique Wilkinson Stekloff. Dan teaches Will some of the new lingo he's learned from the firm's trial experts before a deep dive into civil procedure. Fi...

Proximity Mines in the Facility
Divided ArgumentNovember 15, 2025x
2
01:18:2971.85 MB

Proximity Mines in the Facility

After a predictably unpredictable set of detours through Latin grammar, parenting philosophies, and 90s video games, we catch up on the latest shadow (interim?) docket activity and recap the oral argument in the tariffs cases.

Crazy Half-Drunk Unreliable Research Assistant
Divided ArgumentOctober 31, 2025x
1
01:03:4158.31 MB

Crazy Half-Drunk Unreliable Research Assistant

Divided Argument is in its sixth season! Our first episode of the term focuses, of course, on the latest developments on the shadow docket. These include several grants of interim relief to the Trump administration, as well as some dissents from the denial of certiorari. But first, an update on Dan'...