The Volokh Conspiracy

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Law & Government

Recent Episodes of Divided Argument


Divided Argument, my podcast about the Supreme Court with Dan Epps, has been in high season this month, as the Court has released the majority of its important opinions. Here are the episodes from this month so far:

SMUGLER: We discuss the Bivens decision in Egbert v. Boule and the problem of constitutional remedies. But first we catch up on the Court's pace of opinions, the Dobbs leak investigation, the attempted attack on Justice Kavanaugh, and Puerto Rico (United States v. Vaello-Madero).

COBRA: We focus on two Indian law decisions—Ysleta del Sur Pueblo v. Texas and Denezpi v. United States—as well as the arbitration case of Viking River Cruises, Inc. v. Moriana, and the DIG in Arizona v. San Francisco. Dan offers some health insurance advice.

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. I make the extremely controversial claim that Justice Kavanaugh doesn't particularly care what most people think about him, and that isn't why he writes those concurrences.

We also have transcripts for 2/3 of the episodes already (and the third will come soon) for those who apparently don't listen to things while they drive, walk, work out, or do housework.