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Divided Argument

Proximity Mines in the Facility

Divided Argument

Will Baude & Dan Epps

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

4.8766 Ratings

🗓️ 15 November 2025

⏱️ 78 minutes

🧾️ Download transcript

Summary

After a predictably unpredictable set of detours through Latin grammar, parenting philosophies, and 90s video games, we catch up on the latest shadow (interim?) docket activity and recap the oral argument in the tariffs cases.

Transcript

Click on a timestamp to play from that location

0:00.0

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

0:08.1

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

0:10.9

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

0:20.1

Welcome to Divided Argument,

0:21.9

an unscheduled, unpredictable Supreme Court podcast.

0:24.6

I'm Dan Apps.

0:25.5

And I'm well-bode.

0:27.0

I was trying to think of what my lead-in would be.

0:30.0

I usually say, you know, it's been a long time since we've recorded.

0:33.3

I think it's been kind of a neutral amount of time.

0:36.5

A medium time?

0:37.3

Medium time. Yeah, mid, as they say. So I think we's been kind of a neutral amount of time. A medium time? Medium time, yeah, mid, as they say.

0:39.9

So I think we last recorded late October, October 29th.

0:43.7

And I think I joked that, you know, the Supreme Court would surely issue some interesting

0:48.3

emergency docket thing between the time we recorded and our episode dropped.

0:52.2

And that did indeed happen the afternoon after

0:54.3

recorded the last episode. The Supreme Court called for supplemental briefing in Trump v. Illinois,

1:00.1

which is the pending case about the deployment of the National Guard. They called for the parties are

1:06.6

directed to file supplemental letter briefs addressing the following question, whether the term

1:11.1

regular forces refers to the regular forces of the United States military, and if so, how that

1:15.1

interpretation affects the operation of 10 U.S.C. 12-4.063. Those briefs are due over the course of

1:20.1

November, so one round of those briefs came in a couple days ago. This question about regular

...

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