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Latest Issues

A Court Trapped in Amber

In United States v. Rahimi, the Supreme Court denied that the Second Amendment is “a law trapped in amber.” That metaphor has now exploded onto constitutional law, appearing in six Supreme Court cases this term and hundreds of lower court o...

8 days ago
8
2

Things to Read This Week (8/3/26)

Fact Avoidance. Why didn’t the Court want to grapple with the dubious factual predicates in Learning Resources or Illinois v. Trump? (Or, could one, add, Youngstown?) A very interesting one from Shalev Roisman.

The Constitutionality of Int...

9 days ago
5
2

New Episode: The Based Direction

Our latest episode, The Based Direction, is up. Everything you ever wanted to know about the Rooker-Feldman doctrine but didn’t know who to ask:

We're back from vacation and chipping away at the summer backlog. Before the substance: list...

16 days ago
1
2

Justice Kagan Can See Two Things At Once

Justice Kagan recently made widely reported remarks at the Ninth Circuit judicial conference. Combining quotes reported by the AP and Politico, it appears that Justice Kagan made essentially the following remarks:

Is this court very cons...

19 days ago
16
6

Things to Read This Week (7/20/26)

The Prehistory of the Interim Docket, by Bray and Bamzai. (“This Essay explores the underappreciated history of the Supreme Court’s issuance of interim relief. As we show, the Supreme Court has relied on a wide variety of statutory and comm...

23 days ago
8

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Authors

The writers behind this newsletter.

  • Divided Argument

    An unpredictable legal blog. Founded by Will Baude and Dan Epps.

  • William Baude

    Harry Kalven, Jr. Professor of Law, University of Chicago Law School

  • Samuel Bray

    I am a law professor at the University of Chicago. I teach and write about remedies, equity, constitutional law, and civil procedure.

  • Richard M Re

    Law Prof, Harvard Law School

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