Hope Springs Eternal

FromDivided Argument

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Hope Springs Eternal

FromDivided Argument

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Length:

94 minutes

Released:

Jun 30, 2024

Format:

Podcast episode

Description

We break down SEC v. Jarkesy and City of Grants Pass v. Johnson.

Released:

Jun 30, 2024

Format:

Podcast episode

Titles in the series (73)

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

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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
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
Woke to the Trend: Will and Dan finish up their conversation about the shadow docket. by Divided Argument
40 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
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
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
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
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
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
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
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
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
First in Flight: Dan and Will catch up on what the Court's been up to other than dealing with the Texas abortion law, including cert grants addressing the EPA's power to regulate carbon emissions, a couple of summary reversals, and some other shadow-docket action. by Divided Argument
67 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
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
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
For Liberty and not for Fascism: We check in on some Court-related news and Dan gives Will a hard time for his recent bold claim about the conservative justices. We then dig deep into Mallory v. Norfolk Southern Railway Co., a fascinating personal jurisdiction case being argued in the November sitting. by Divided Argument
61 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
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
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
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
Beyond The Pale by Divided Argument
56 min listen
Speakin' to the Youth: We're back after a long absence, but there's a good excuse. We catch up on the biggest developments from the last couple months, including the Breyer retirement, the Court's COVID decisions, the masking imbroglio, and the Alabama redistricting shadow-docket ruling. We also discuss Dan's childhood meeting with Justice Thomas, speculate about the median age of our listenership, and invent a new empirical metric for evaluating Supreme Court justices. by Divided Argument
92 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
Maoist Takeover: We open Season 3 with a live show at William and Mary Law School, part of the Scalia-Ginsburg Collegiality Speaker Series. With our first-ever guest, we discuss the limits of friendship and offer advice on civil disagreement. But first we break down the Supreme Court's ruling on an important stay application from Yeshiva University. by Divided Argument
64 min listen
Soft Target: 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! by Divided Argument
48 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
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
Marshal Law: We're back to talk about the big news: the draft of Justice Alito's opinion in Dobbs, and the questions that surround it -- how and why this might have happened, what it means for the Court, and what the Court can do about it. by Divided Argument
61 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

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Hope Springs Eternal

Hope Springs Eternal

Description

Titles in the series (73)

More Episodes from Divided Argument