Divided Argument

Vaxxed and Relaxed

Divided Argument

Show Notes

We have another short administrative law episode, analyzing the Supreme Court's decision about e-cigarettes in FDA v. Wages and White Lion. But first we field some listener pushback about facial challenges in administrative law, and discuss the shadow docket ruling, and ensuing fallout, in Noem v. Abrego Garcia.

More from Divided Argument

Sep 10, 2026

Two August per curiams find no one with standing to challenge the mail-ballot order or the White House ballroom—and a third drops while we're recording.

Aug 19, 2026

Cisco Systems v. Doe shuts the Alien Tort Statute door Sosa left open — pirates, ambassadors, and one Phoenix bar band excepted.

Aug 12, 2026

Hunter v. United States makes appeal waivers yield to "miscarriages of justice" — and nobody, including the Court, can quite say why.

Aug 3, 2026

We finally tackle the trans-sports cases and walk through the Court’s Equal Protection and Title IX analysis.

Jul 27, 2026

Rooker-Feldman, pronounced dead two decades ago, turns out to be alive — and the Court's formalists split right down the middle.

See all episodes →