🎙️ New episode: "Ice by Magneto" We dig into West Virginia v. B.P.J. & Little v. Hecox on trans athletes in girls' sports, plus a new cert grant. https://dividedargument.com/podcast/divided-argument/episode/ice-by-magneto

🎙️ New episode: "The Based Direction" We're back from vacation, talking AI cover art, Claude's prediction scorecard, and Rooker-Feldman's surprise return. https://dividedargument.com/podcast/divided-argument/episode/the-based-direction

🎙️ New episode: "Norway-Sweden Worshippers" We cover two immigration rulings: ending TPS for Haiti/Syria, and whether migrants at the border 'arrive in' the US. https://dividedargument.com/podcast/divided-argument/episode/norway-sweden-worshippers

🎙️ New episode: "Smart Microwave" We dig into Chatrie v. United States, the Court's big geofence-warrant Fourth Amendment ruling, plus a quick hit on the Totenberg embargo mess and a Justice Thomas memoir update. https://dividedargument.com/podcast/divided-argument/episode/smart-microwave

🎙️ New episode: "Weird Islands" We cover Trump v. Barbara, the birthright-citizenship ruling, break down four very different dissents, plus a Landor GVR and a wild Nina Totenberg rumor. https://dividedargument.com/podcast/divided-argument/episode/weird-islands

🎙️ New episode: "Always Already" We dig into Trump v. Slaughter—overruling Humphrey's Executor—and Trump v. Cook, which somehow spares the Fed. What makes the Fed different? https://dividedargument.com/podcast/divided-argument/episode/always-already

🎙️ New episode: "Mechanical / Animal" We're in triage mode as SCOTUS clears its backlog. We dig into Wolford v. Lopez, Pung v. Isabella County, a Landor flip theory, and the week's 6-3 wins. https://dividedargument.com/podcast/divided-argument/episode/mechanical-animal

🎙️ New episode: "Watch Snobs" We dig into a Thomas pun, Alito clerk rumors, judicial estoppel's 1857 roots, a faked FBI document, and Yellowstone's 'zone of death.' Fun stuff. https://dividedargument.com/podcast/divided-argument/episode/watch-snobs

🎙️ New episode: "Impregnable Citadel of Technicality" We dig into Pitchford v. Cain, unpack Whitton v. Dixon, break down Allen v. Milligan updates, and wrap up with SEC v. Sripetch on disgorgement. https://dividedargument.com/podcast/divided-argument/episode/impregnable-citadel

🎙️ New episode: "Smooth Stone in the River" We cover SCOTUS developments: a summary reversal, Kavanaugh's student note vindicated, compassionate release cases, and a capital punishment DIG. https://dividedargument.com/podcast/divided-argument/episode/smooth-stone-in-the-river

🎙️ New episode: "Ninja Court Packing" Live from ALI with guest Pam Karlan! We dig into Alabama's GVR, mifepristone cases, Virginia redistricting, exec power, and more. https://dividedargument.com/podcast/divided-argument/episode/ninja-court-packing

🎙️ New episode: "Majordoma" We dig into Louisiana v. Callais, the Court's big new Voting Rights Act ruling—what it said, what it quietly overruled, and why it matters way beyond Louisiana. https://dividedargument.com/podcast/divided-argument/episode/majordoma

🎙️ New episode: "Even Eve-ier" We cover leaked SCOTUS memos, shadow docket reversals, Sotomayor's Kavanaugh apology, and a contractor preemption case narrowing a Scalia opinion. https://dividedargument.com/podcast/divided-argument/episode/even-eve-ier

My thoughts on the Learning Resources and Hemani over at @dividedargument.bsky.social: blog.dividedargument.com/p/guest-post...

Guest Post: The Learning Resources Roadmap for Hemani

by Joel S. Johnson

blog.dividedargument.com

🎤 NEW EPISODE 📷: "Betty Boop or Shakespeare" With uncharacteristic promptness, we take a deep dive into the tariffs decision. dividedargument.com/episodes/bet...

Betty Boop or Shakespeare | Divided Argument

We take a close look at the tariffs decision.

dividedargument.com

🎧 NEW EPISODE 🎤: "Bok Choy" We're shockingly efficient as we break down the merits opinions in Coney Island, Berk v. Choy, and Ellingburg v. US, while also looking at Justice Jackson's broadside against "martinization." dividedargument.com/episodes/bok...

Bok Choy | Divided Argument

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, I...

dividedargument.com

NEW EPISODE: "The Marshal and the Margarine" We catch up on 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. dividedargument.simplecast.com/episodes/the...

The Marshal and the Margarine | Divided Argument

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...

dividedargument.simplecast.com

NEW EPISODE: "Counter-Counter-Counter-Designations" Live from Wilkinson Stekloff's attorney retreat, we dive into the legal (and ethical?) issues in Coney Island Auto Parts Unlimited v. Burton before revisiting last Term's DIG'd case LabCorp v. Davis. dividedargument.simplecast.com/episodes/cou...

Counter-Counter-Counter-Designations | Divided Argument

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 ...

dividedargument.simplecast.com

“I really do believe that we are in the midst of seeing, or perhaps more accurately, not seeing a lost generation of Black students at elite colleges.” 🎧 Justin Driver joined @dividedargument.bsky.social to talk about his new book THE FALL OF AFFIRMATIVE ACTION podcasts.apple.com/us/podcast/p...

Proust or Plato

Podcast Episode · Divided Argument · 10/03/2025 · 53m

podcasts.apple.com

Can Trump rewire how Medicare pays for drugs without going to Congress? Read "Cutting Prices by Fiat" by Professor @nbagley.bsky.social in @dividedargument.bsky.social blog.dividedargument.com/p/cutting-pr...

Cutting Prices by Fiat

Can Trump rewire how Medicare pays for drugs without going to Congress?

blog.dividedargument.com

NEW EPISODE: "Originalism Hulk" It's fraud day as we dig into Kousis v. US and Thompson v. US! dividedargument.simplecast.com/episodes/ori...

Originalism Hulk | Divided Argument

Continuing our long slog through the end-of-Term opinion dump, it's fraud day! We dig into Kousisis v. United States and Thompson v. United States, two interesting federal criminal law puzzles.

dividedargument.simplecast.com

I’m quoted in this @adamliptak.bsky.social @nytimes.com piece on unexplained SCOTUS orders (🎁 link): www.nytimes.com/2025/07/16/u...

Short 🧵👇: Thanks to @williambaude.bsky.social for shouting out my Minn. L. Rev. (@umnlawschool.bsky.social) article, Not-So-Special Solicitude, in Friday's crossover @dividedargument.bsky.social & Advisory Opinions (@thedispatchmedia.bsky.social) episode... 1/3 dividedargument.com/episodes/why...

Why Are We Here? | Divided Argument

We celebrate the 100th episode of the podcast with a special cross-over episode with Sarah Isgur at Advisory Opinions! Sarah, Will, and Dan break down today's blockbuster decision in Trump v. CASA, fo...

dividedargument.com

Sam Bray on David Marcus on the birthright-citizenship class actions. (Tl;dr is class certification is right.) @dividedargument.bsky.social substack.com/home/post/p-...

Birthright Citizenship and Class Actions after CASA

David Marcus has a terrific essay explaining why class certification in the birthright citizenship cases is an easy yes under existing law: The Class Action after Trump v.

substack.com

"Divided Argument" with @epps.bsky.social and @williambaude.bsky.social is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff. dividedargument.com/episodes/did...

Didactic and Inculcatory | Divided Argument

We look at the final orders list before summer break, and then continue to work through last month's opinions, this time with an extended analysis of two decisions about children and culture wars -- M...

dividedargument.com

NEW EPISODE: "Truth and Reconciliation" We play a blame game for Dan's audio snafus last time, catch up on odds and ends like the Chief Justice's Historical Society toast, dig into the Labcorp DIG, and break down Smith & Wesson. dividedargument.simplecast.com/episodes/tru...

Truth and Reconciliation | Divided Argument

We start out by debating who's responsible for Dan's audio snafus last time before digging into a various odds and ends, such as the Chief Justice's toast at the Supreme Court Historical Society dinne...

dividedargument.simplecast.com

NEW EPISODE: "Delete This. Call Me." With apologies for Dan's horrendous audio quality, we catch up on the emergency docket, debate Trump v. Wilcox, talk about prediction markets, play a couple voicemails, and more! dividedargument.simplecast.com/episodes/del...

Delete This. Call Me. | Divided Argument

With apologies for Dan's horrendous audio quality: we catch up on the latest emergency-docket happenings and debate whether Trump v. Wilcox is a big deal or small potatoes. We also catch up on listene...

dividedargument.simplecast.com

NEW EPISODE: "Gorsuch Genie" We're joined by NYU Prof ‪@rachelbarkow.bsky.social‬ to discuss her new book, "Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration." dividedargument.simplecast.com/episodes/gor...

Gorsuch Genie | Divided Argument

We're joined by NYU law professor Rachel Barkow to talk about her new book, "Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration." Listen to learn about fi...

dividedargument.simplecast.com

A characteristically thoughtful response to the Supreme Court argument over nationwide injunctions in the Birthright Citizenship case by Mila Sohoni. blog.dividedargument.com/p/guest-post...

Guest Post: Mila Sohoni on Trump v. CASA

Professor Mila Sohoni of Stanford Law School, one of the nation's leading contributors to the debate over universal injunctions, weighs in on the implications of Thursday's oral argument.

blog.dividedargument.com

My latest on the @dividedargument.bsky.social blog: "Trump 2.0 and the Supreme Court Reform Debate" open.substack.com/pub/divideda...

Trump 2.0 and the Supreme Court Reform Debate

Does the left's turn to the courts in response to the Second Trump Administration's excesses show advocates of structural reform of the Supreme Court were wrong?

open.substack.com