Soft Target

FromDivided Argument

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Soft Target

FromDivided Argument

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Length:

48 minutes

Released:

Jan 21, 2023

Format:

Podcast episode

Description

We're back sooner than expected to talk about the Court's release of the Marshal's report about the investigation of the Dobbs leak!

Released:

Jan 21, 2023

Format:

Podcast episode

Titles in the series (74)

An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps.

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Normal Procedural Regularity: Will and Dan have the first part of a two-episode discussion of the Supreme Court's "shadow docket." by Divided Argument
55 min listen
Grandma's House of Vice: 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. by Divided Argument
64 min listen
Sovereign to Sovereign: 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 discussion about the role and power of states in Supreme Court litigation. by Divided Argument
56 min listen
Inner Sanctum: 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. by Divided Argument
59 min listen
So What: 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. by Divided Argument
53 min listen
Unspeakable Cruelty: 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 whether capital prisoners can have spiritual advisors with them in the execution chamber. by Divided Argument
48 min listen
Early Wittgenstein: 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. by Divided Argument
60 min listen
Out on a Limb: 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 learn the relevance of Catskills humor to the shadow docket. by Divided Argument
27 min listen
Woke to the Trend: Will and Dan finish up their conversation about the shadow docket. by Divided Argument
40 min listen
Faith in Princes: 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. by Divided Argument
56 min listen
House Parties: 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 school confessions. by Divided Argument
70 min listen
The Lightning Docket: 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. by Divided Argument
67 min listen
Relentless Personal Attacks: In this mega-episode, we catch up on the orders list, circle back to Mallory, which we talked about last episode, and the dive into oral arguments in the affirmative action cases. by Divided Argument
85 min listen
Very Breyeresque: 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. by Divided Argument
76 min listen
Secondary Trolling: 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 he worships the justices too much; and Dan takes issue with a bold claim that Will snuck in on a previous episode. by Divided Argument
60 min listen
Settling of Scores: We reflect on the Supreme Court term as a whole, and the direction and politics of the Court. We focus on West Virginia v. EPA, which canonized the "major questions" doctrine, and the upcoming case of Moore v. Harper, which confronts the "independent state legislature doctrine." by Divided Argument
81 min listen
Everybody Procrastinates: 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. by Divided Argument
62 min listen
Beyond The Pale by Divided Argument
56 min listen
Triple Bank Shot: Will and Dan break down the Court's sudden burst of interesting opinions – California v. Texas, Fulton v. Philadelphia, and Nestle v. Doe. by Divided Argument
81 min listen
Knife in the Back: We catch up on the nomination of Judge Ketanji Brown Jackson, a new opinion by Justice Breyer, revisit a debate about who the greatest law professor on the Supreme Court is, and talk through each of our recent scholarly efforts. Tune in to hear Dan surprisingly attack Will's Fourth Amendment views from the right flank, learn an interesting tidbit about Justice Brandeis, and get some insight into the mysterious originalist gathering in San Diego. by Divided Argument
59 min listen
My Despised World: After some inevitable self-flagellation for our lengthy hiatus, we catch up on some recent news and debate SCOTUS ethics. We then talk about implications of the Harvard/UNC affirmative action case, revisit Mallory v. Norfolk Southern, and break down the latest case captioned "United States v. Texas." by Divided Argument
115 min listen
Crime of the Day: 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! by Divided Argument
47 min listen
Evil and Corrupt Language, Images, and Thoughts: 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. by Divided Argument
67 min listen
Shmoland by Divided Argument
58 min listen
Out of Whack: We’ve been waiting for months to bring you this one: we can finally talk about the President’s Supreme Court Commission, which just finalized its report this week. We also briefly talk about the recent argument in Dobbs and try to predict what the Court might do. by Divided Argument
73 min listen
Character Sketches: In our longest episode yet, we break down two massively consequential cases: Dobbs v. Jackson Women's Health Organization and New York State Rifle & Pistol Association v. Bruen. by Divided Argument
117 min listen
COBRA: We try to catch up after the Court's big opinion dump this week, and end up focusing on Ysleta del Sur Pueblo v. Texas, Denezpi v. United States, Viking River Cruises, Inc. v. Moriana, and the DIG in Arizona v. San Francisco. Come for the legal analysis, stay for the health insurance advice. by Divided Argument
89 min listen
Completely Naïve Idiot: Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibility of preenforcement challenges to Texas’s novel abortion ban. by Divided Argument
70 min listen
Fast and Loose: Divided Argument is back after an unscheduled, unpredictable break to kick off a brand new season. We dig into this week's oral arguments in two cases involving Texas's abortion law. by Divided Argument
65 min listen
Least Incorrect: We're live in at Washington University School of Law in St. Louis! After a check-in with our most faithful corrector, Prof. Ron Levin, we take a deep dive into the two upcoming cases about the legality of President Biden's student loan forgiveness plan. Will explains his theory of why the challengers should lose because they lack standing—but also predicts that the Court is unlikely to agree. by Divided Argument
65 min listen

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Soft Target

Soft Target

Description

Titles in the series (74)

More Episodes from Divided Argument