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Divided Argument

Ninja Court Packing

Divided Argument

Will Baude & Dan Epps

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

4.8766 Ratings

🗓️ 19 May 2026

⏱️ 69 minutes

🧾️ Download transcript

Summary

Live from the American Law Institute with Pam Karlan, we untangle a chaotic stretch of the interim docket—the Alabama redistricting GVR, Virginia's denied stay, and the mifepristone cases—then turn to executive power and the Term's big looming decisions.

Transcript

Click on a timestamp to play from that location

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 admonished to give their attention.

0:20.0

Welcome to Divided Argument, an unscheduled,

0:22.7

Unpredictable Supreme Court podcast.

0:24.8

I'm Dan Epps.

0:25.6

And I'm Will Bowd.

0:26.9

So, Will, this is the last live show we're doing of season six, and I think our last one

0:33.9

on the docket for a little while.

0:35.9

And it is at perhaps the most August venue

0:39.3

we've ever done a live show. We are in Washington, D.C. at the American Law Institute annual

0:45.1

meeting. And for listeners on the show who are less familiar with the ALI, although you should be,

0:50.7

it's the organization that publishes the highly influential restatements, the

0:55.0

model penal code, and other projects like that. So we are excited to be here, and we're excited to have

1:01.7

a guest co-host, Professor Pam Carlin, who is the Kenneth and Harrell Montgomery, Professor

1:08.3

of Public Interest Law at Stanford Law School, and also, as particularly

1:11.9

relevant to us, the co-director of the school's Supreme Court litigation clinic.

1:16.3

And also as relevant to some of the things we're going to talk about, she's one of the

1:19.1

nation's leading experts on voting in the political process.

1:23.2

And here at the ALI, she is co-reporter on the forthcoming restatement on constitutional torts. So, Pam, thank you for joining us. Thanks so much for having me. I don't want to get Pam in trouble, but she taught me election law. Well, I just think, you know, almost everything I taught you, it's like Dead Poets Society. You read it. You should stand up and just rip it out of the book because it's not good law anymore.

1:44.9

And Will, you are now an election law professor, right? You're teaching that at Chicago? And this is, in fact, last time I taught it, we just ripped out the Shelby County Section 5 section. I was like, this is dead law. We're on a court system. You don't even need to know about it. There was one something called Section 5, the Voting Rights Act. Yeah, get rid of Section 2 while we're at it.

2:01.4

Yeah, well.

...

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