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Divided Argument

Divided Argument

De : Will Baude & Dan Epps
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An unscheduled, unpredictable Supreme Court podcast. Hosted by Will Baude and Dan Epps. In partnership with SCOTUSblog.© 2026. Will Baude & Dan Epps Politique et gouvernement Sciences politiques
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  • Even Eve-ier
    Apr 29 2026

    A deep dive into the latest Supreme Court news, a couple of unusual shadow docket rulings, and a cross-ideological merits decision that raises classic questions about federal power, preemption, and how much weight lower courts should give to context.

    We open with reporting on leaked internal Supreme Court memoranda related to the 2016 stay of the Clean Power Plan, including what the documents may reveal, why the leak itself is so unusual, and whether timing and incomplete records change the story. We also discuss Justice Sotomayor’s public apology after comments about Justice Kavanaugh, and what that moment says about judicial professionalism and public exchange.

    From there, we turn to some shadow docket happenings: a one-line summary reversal in a Texas redistricting case and a Fourth Amendment summary reversal out of the D.C. courts. Finally, we move to the merits docket and consider Hencely v. Fluor Corporation (24-924), a case involving federal contractor preemption and a terrorist attack in Afghanistan, where the Court narrows a (possibly infamous) Scalia opinion.

    Key Topics

    [00:05:32] - NYT leak of Supreme Court memoranda on the Clean Power Plan stay
    [00:10:13] - Whether document leaks are better than source-based leaks
    [00:21:30] - Justice Sotomayor’s remarks about Justice Kavanaugh and her apology
    [00:27:27] - Summary reversal in Abbott v. LULAC and Texas redistricting
    [00:35:18] - D.C. Fourth Amendment summary reversal and reasonable suspicion
    [00:47:04] - Hencely v. Fluor Corp.: military contractor liability and preemption
    [00:52:48] - Little v. Barreme, general law, and the limits of contractor immunity

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    1 h et 1 min
  • Backup backup backup backup argument
    Apr 6 2026

    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 long?

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    1 h et 18 min
  • Jezebel Shouting
    Apr 2 2026

    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, pays his $304 fine, then sues under §1983 to stop future enforcement — and the Fifth Circuit says the puzzling Heck v. Humphrey rule bars the whole thing. We work through why Heck is stranger than it first appears, what the Court got right in resolving the circuit split, and what the decision reveals about the ongoing mess at the intersection of §1983 and habeas.

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    38 min
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