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Dan Epps

๐Ÿ‘ค Speaker
3246 total appearances

Appearances Over Time

Podcast Appearances

Divided Argument
Jezebel Shouting

And there's other doctrines like this, right?

Divided Argument
Jezebel Shouting

I love how judges have made up, and maybe you think this one is more justified, made up the rule of absolute judicial immunity.

Divided Argument
Jezebel Shouting

Oh, yeah, that's real.

Divided Argument
Jezebel Shouting

Okay, judges can't be sued, prosecutorial immunity, presidential immunity, right?

Divided Argument
Jezebel Shouting

That one's more made up.

Divided Argument
Jezebel Shouting

That's more made up, yeah.

Divided Argument
Jezebel Shouting

Okay, so this is a place where the court has kind of found rules that at least none of these are textual.

Divided Argument
Jezebel Shouting

None of them are textual.

Divided Argument
Jezebel Shouting

And the justices who are doing that, you know, are ones that, you know, criticize the court and criticize other justices for doing things that they perceive are made up in other contexts.

Divided Argument
Jezebel Shouting

And yet he's joining, or at least not dissenting from these opinions, enforcing qualified immunity.

Divided Argument
Jezebel Shouting

So what's going on there?

Divided Argument
Jezebel Shouting

Yeah, I mean, these cases, you know, I've said this before, but these cases frustrate me because of all the situations where it makes sense for the court to expend limited resources to come in and correct some injustice.

Divided Argument
Jezebel Shouting

These ones don't strike me as fitting in that category because, yes, these are cases where a police officer is being sued for money.

Divided Argument
Jezebel Shouting

But basically 100% of the time, the city, the county is going to pay the damages award.

Divided Argument
Jezebel Shouting

So there's not really a little guy who's being smushed the way there is in a habeas case where there's someone who is wrongfully in prison and wants to get out.

Divided Argument
Jezebel Shouting

There's lots of bad decisions that implicate taxpayers, I would say.