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Divided Argument

Jezebel Shouting

Divided Argument

Will Baude & Dan Epps

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

4.8766 Ratings

🗓️ 2 April 2026

⏱️ 38 minutes

🧾️ Download transcript

Summary

We're live at WashU Law's Admitted Students Day! After catching up on some shadow docket activity, we dig into Olivier v. City of Brandon, the Court's unanimous March 2026 decision by Justice Kagan. A Mississippi street preacher pleads no-contest to violating an amphitheater protest-zone ordinance, pays his $304 fine, then sues under §1983 to stop future enforcement — and the Fifth Circuit says the puzzling Heck v. Humphrey rule bars the whole thing. We work through why Heck is stranger than it first appears, what the Court got right in resolving the circuit split, and what the decision reveals about the ongoing mess at the intersection of §1983 and habeas.

Transcript

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0:00.0

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

0:03.3

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

0:07.9

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 in minus to give their attention.

0:27.9

Welcome to Divided Argument, an unscheduled, unpredictable,

0:29.9

Supreme Court podcast. I'm Dan Epps.

0:30.7

And I'm well-vode.

0:33.3

So, Will, we have yet another live show.

0:36.1

We've done a few more of these recently than we tend to do.

0:39.5

This one is back at a friendly location for me.

0:44.8

We're at my home institution, Wash U Law, and we are here for admitted student days. So we have in the audience a number of prospective students, and my job is to convince them to come here and not to a place like the University of Chicago.

0:58.0

So we'll see at the end, maybe we should take a poll and see whether we've persuaded people of that by the end.

1:05.0

And I should also mention this podcast is in partnership with SCOTUS blog.

1:08.9

This is, I think, just our second episode since that partnership

1:11.9

began. And so hopefully we have some new listeners coming from the SCOTUS blog side.

1:17.7

For my part, I brought stickers and magnets that people should feel free to come up and grab at the end of the show. Take them home, put them on your fridge. i will say bringing them was a little bit of a

1:28.5

more of a travail than i expected i spent maybe 25 minutes getting through security over half of

1:33.0

which was spent on the magnets uh the guy pulled my bag aside and was like what do you have in here sir

1:40.2

uh and when i told them they were magnets for a podcast, he just seemed even more suspicious.

1:45.9

So I don't know.

1:55.0

And I'm surprised because you actually usually do things to cause more trouble when you're flying around because you have a sweatshirt that says get rid of qualified immunity.

1:55.7

Yeah.

...

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