Dan Epps
@danepps
Professor of Law, @WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤@DividedArgument. A "smarter legal mind than mine." — @PeteButtigieg.
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).

Short 🧵👇: Thanks to @WilliamBaude for shouting out my @MinnesotaLawRev article on state standing, Not-So-Special Solicitude (papers.ssrn.com/sol3/papers.cf…), in Friday's crossover episode of @DividedArgument & the Advisory Opinions Podcast (@thedispatch)... 1/3 dividedargument.com/episodes/why-a…
Join me at @SCOTUSblog, where I'll be live-blogging today's opinion hand-down starting in about 30 minutes! scotusblog.com/2025/06/announ…
A guest appearance on @DividedArgument , discussing the opinions in Fuld v PLO!
While you’re waiting for today’s opinions to drop: blog.dividedargument.com/p/new-podcast-…
I think -- am I wrong? -- that this sentence (from the just-announced Trump v. Wilcox) is the most extensive and important explanation for how and why Supreme Court interim orders are vertically "binding": "Although our interim orders are not conclusive as to the merits, they…
🎙️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…
10 year old has had an Apple watch for about 24 hours and has already mastered the art of the passive aggressive text

I’m very sad about the death of Richard Fallon, an amazing scholar, teacher, and person. He was my fed courts prof—one of my favorite classes ever. An unsolicited email from him complimenting my harmless error piece is one of the academic honors of which I’m proudest. A big loss.
Dorf, Remembering Richard Fallon dorfonlaw.org/2025/07/rememb…
I’m quoted in this @adamliptak @nytimes piece on unexplained SCOTUS orders (🎁 link): nytimes.com/2025/07/16/us/…


Zotero is a huge time-saver. Law profs: it can generate Bluebooked footnotes with supras instantly. It’s well worth learning how to use.
Zotero is the best citation management tool for academic writing. Here's how to automate your citations and bibliography: You can learn this in 15 minutes, and it will save you hours of work.
"Divided Argument" with @danepps and @WilliamBaude is always a must-listen for SCOTUS nerds, and I thought this latest episode—focusing on Mahmoud and Paxton—was particularly interesting. Good stuff. dividedargument.com/episodes/didac…
Law professors like to complain about grading exams and say it's the worst part of the job. This is incorrect. Grading is not that bad. The most painful part, by far, is having to revise your own papers.
Asking the important questions about CASA v. Trump: Is this a typo or not? I think so but I'm not 100% sure. (From SS's dissent).

Good news: @WilliamBaude and I recorded a new @DividedArgument episode. Bad news: we lost the audio files due to a technical snafu with our recording service. Great news: they were able to restore them! New episode incoming in the next day or so.
But as I've made clear, it's @WilliamBaude's fault when I sound bad because he should notice!
Now it's 2:1 on the sound-snafus! Quick, are there any Epps partisans at the University of Chicago who sabotage Will's setup before the next podcast?
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.
My latest on the @DividedArgument blog: "Trump 2.0 and the Supreme Court Reform Debate" open.substack.com/pub/dividedarg…