Divided Argument Divided Argument

A Thriving Atrocities Practice

Aug 19, 2026 · 1h 15m

Summary

Hosts Will Bode and Dan Epps discuss Justice Alito’s refusal to retire, the administration’s new executive orders on birthright citizenship, and declining Supreme Court approval ratings. They preview the upcoming term, highlighting *Suncor*’s climate change preemption issues. The episode primarily analyzes *Cisco Systems v. Doe*, examining the Alien Tort Statute’s history, its jurisdictional nature, and the evolving scope of international law claims in U.S. courts.

Topics discussed

Intro, scheduling constraints, and co-authorship accountability Justice Alito interview, mortality, and political shifts Alito's moral compass, libertarianism, and airport encounters Trump v. Barbier, birth tourism, and passport exceptions Suncor climate case and Rooker-Feldman doctrine Transgender athletes and equal opportunity in sports Supreme Court approval ratings and legitimacy strategies Cisco v. Doe: Alien Tort Statute history and origins Law of Nations, piracy, and evolving international norms Sosa, Jesner, Nestle, and the narrowing of ATS claims Closing the door: Vannoy, Rucho, and Roberts Court trends Blackstone 3, Bivens, and implied causes of action Originalism, Erie doctrine, and selective application Westfall Act, constitutional questions, and outro
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