Divided Argument

By popular demand: we now have Divided Argument merchandise! Check out our store for shirts, hoodies, mugs, stickers, and more! store.dividedargument.com

NEW EPISODE: “Friends of Oprah Winfrey” Analysis of Friday’s opinion in AARP v. Trump, plus a mysterious mass recusal, and a partial victory for the administration’s suspension of temporary protective status. dividedargument.com/episodes/frien…

NEW EPISODE: "A Trees Guy in a Forest Court" We break down the opinion in Barnes v. Felix, react to the oral argument in Trump v. CASA, make a detour into AI, and more! dividedargument.simplecast.com/episodes/a-tre…

NEW ARTICLE on @SSRN: "The Practice of Executive Constitutionalism," by me and @conorjclarke (forthcoming in @VirginiaLawRev). Check it out! (Link in next tweet to avoid being crushed by the @X algorithm).

🎙️ICYMI: our latest episode in which we chip away at our end-of-Term backlog by digging into Diamond Alternative Energy v. EPA is here 👇 dividedargument.com/episodes/snake…

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

Congratulations to @RichardMRe on joining the faculty @Harvard_Law. Such a superb addition. hls.harvard.edu/faculty/richar…

.@RichardMRe on the Court’s equal protection methodology in United States v. Skrmetti in the latest @DividedArgument blog 👉blog.dividedargument.com/p/some-thought…

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/truth…

Good news: new @DividedArgument episode. Bad news: due to another technical snafu my sound is horrendous. I promise this won’t happen again…

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/delet…

This is a worthwhile thought experiment from @danepps over at @DividedArgument.

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

My latest on the @DividedArgument blog: "Trump 2.0 and the Supreme Court Reform Debate" open.substack.com/pub/dividedarg…

Sharing my latest on the @DividedArgument blog: Universal Injunctions in All But Name? blog.dividedargument.com/p/guest-post-e… I discuss how the Court seems poised to embrace other procedural devices to fill the void left by universal injunctions--devices that may carry with them the same…

New on the Divided Argument blog: a guest post from @StanfordLaw Prof. Mila Sohoni, a leading contributor to the universal injunction debate, on the oral argument in Trump v. CASA: blog.dividedargument.com/p/guest-post-m…

The Supreme Court asked for supplemental briefing in the big case about preventive services and the Appointments Clause that was just argued. I've got a rundown on the order over at @DividedArgument (link below):

We're pleased to add @nicholas_bagley as a permanent contributor to the @DividedArgument blog. Read his first solo post here: blog.dividedargument.com/p/by-law-vest