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Divided Argument

Cruel and Unusual and Stupid

Divided Argument

Will Baude & Dan Epps

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

4.8766 Ratings

🗓️ 6 March 2026

⏱️ 48 minutes

🧾️ Download transcript

Summary

It's our live show at the University of Chicago! Hosted by the University of Chicago Federalist Society, we discuss this week's big shadow-docket rulings about gender transitions in California Schools (Mirabelli v. Bonta) and redistricting in New York (Malliotakis v. Williams), and also break down the recent merits decision about the right to counsel when a defendant is testifying (Villareal v. Texas).

Transcript

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0:00.0

Oh, yay. Oh, yay. Oh, yay. Oh, yeah. The judicial power of the United States shall be vested in one Supreme Court.

0:08.0

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

0:10.8

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

0:22.7

Welcome to Divided Argument, an unscheduled, unpredictable,

0:26.0

Supreme Court podcast. I'm Dan Epps. And I'm Will Bowdo.

0:28.5

Will, as your prerogative, why don't you tell our listeners where we are today?

0:32.5

We are here on my home court at the University of Chicago. We've got a great group of students here ready to

0:39.6

listen to us to talk about some cases. Does home court imply some kind of adversarial relationship

0:45.2

between us? Let's see when people cheer. Okay. So you had a plan for what we were going to cover

0:53.4

today that seemed to me a bit ambitious,

0:56.7

but we're still going to try to see if we can do it. So let me jump into it. And I'm going to be

1:02.2

the kind of taskmaster trying to keep us on pace. We're doomed. Okay. First thing,

1:06.7

just to deal with a little bit of feedback from the last episode. We talked about the tariffs case,

1:13.3

learning resources. We talked about a lot of different angles in that case. People were very

1:17.6

interested about one thing we said, which is our attempt to find the origin of the phrase,

1:24.0

no, no, a thousand times no. I'll just say that the investigation continues.

1:28.6

We've gotten more email about that than we have about anything else in the history of the show.

1:33.5

And it's quite puzzling. There's a lot of threads that go back hundreds of years.

1:37.8

So you're going to have to wait for that one. But for those who've written in, we appreciate it.

1:43.1

Another little tidbit that I don't think there's a ton to say about, but I thought might have a slight scotis angle.

1:49.6

Did you see how the Trump administration, you know, has brought these, tried to, tried to enforce these orders against law firms that the president dislikes, imposing all sorts of restrictions on them.

1:59.6

Those have been enjoined by district court

...

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