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Divided Argument

Betty Boop or Shakespeare

Divided Argument

Will Baude & Dan Epps

Politics, Government, Justice, Legal, Supreme Court, News, Law

4.8766 Ratings

🗓️ 21 February 2026

⏱️ 86 minutes

🧾️ Download transcript

Summary

We take a close look at the tariffs decision.

Transcript

Click on a timestamp to play from that location

0:00.0

Oh, yay, oh, yay, oh, yay, oh, yeah.

0:03.5

The judicial power of the United States shall be vested in one Supreme Court.

0:08.1

Unless there is any more question, be able to find an argument in this case.

0:11.0

All persons having business before the Honorable, the Supreme Court of the United States are admonished to give their attention.

0:20.2

Welcome to Div an argument,

0:22.2

an unscheduled, unpredictable,

0:23.7

Supreme Court podcast.

0:25.0

I'm Will Bode, and I'm Dan Epps.

0:28.2

So Will, this is, you know,

0:30.8

what passes on our show for an emergency episode.

0:34.3

I don't think we do true emergency episodes because we're not ever trying to be super,

0:40.8

super timely, but we did get the tariff's decision, learning resources versus Trump. And we are

0:47.6

recording same day. And hopefully we'll have this episode to you fairly promptly.

0:56.1

Does it feel like an emergency to you?

1:00.4

Well, I guess that's probably the question of the case, right?

1:01.4

I guess.

1:09.0

Okay, so we'll get to that, all 170 pages of the opinion,

1:14.4

which we've both read to the extent possible in the brief hours between its release and this recording session. Before that, something maybe a little bit less

1:19.6

consequential, which is the amendments to the court's rules. Not the most exciting thing, but, you know, for those who practice in Supreme Court litigation, kind of interesting.

1:33.7

So two things.

1:36.2

One, the court has changed the rules in ways that I think are designed to make it easier for the court to catch recusal issues?

1:47.0

Yes.

...

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