The Marshal and the Margarine

Divided Argument

Will Baude & Dan Epps

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

4.8 • 766 Ratings

🗓️ 12 January 2026

⏱️ 79 minutes

🔗️ Recording | iTunes | RSS

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Summary

We're back with the first episode of the new year, breaking down the interim docket opinion/order in Trump v. Illinois, the national guard case, after first warming up with new Erie scholarship, state criminal jurisdiction over federal officers, and some recent online discourse.

Transcript

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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 to 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 Divided Argument, an unscheduled, un-predictable Supreme Court podcast.
0:25.4	I'm Will Bode.
0:26.5	And I'm Dan Epps.
0:28.3	First episode of the New Year, 26.
0:32.2	Here we are.
0:33.5	Do you know what that means?
0:35.4	Do you wear our funny heads?
0:38.5	Maybe you do, but it means we are approaching ever closer the five-year anniversary of the creation of this show.
0:47.3	When was our first episode, do you remember?
0:49.2	I was just looking at that.
0:50.2	It was May of 2021. May 15th, 2021. That late, I think of it as even older.
1:01.6	Like, what do you think of it? I would have said we started the podcast in 2020.
1:05.8	Oh, okay. No, it was still a pandemic period. It was the long 2020. There are a lot of things that
1:10.6	happen in 2021 that I've convinced must have happened in 2020 because I can't believe that it was still a pandemic period. It was the long 2020. There are a lot of things that happened in 2021 that I've convinced must have happened in 2020
1:12.8	because I can't believe that it was still going on.
1:16.1	Yeah.
1:16.6	So, no, we came in sort of towards the tail end of that term.
1:19.8	That was in our, it was sort of a half season.
	...

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