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Dan Epps

๐Ÿ‘ค Speaker
1989 total appearances

Appearances Over Time

Podcast Appearances

Divided Argument
Reference Check

Well, I do think it's one plausible path in addition to the book expose path is in some number of years someone comes forward and writes the New York Times op-ed. I was the leaker. Yes, I agree. And I don't know who โ€“ I actually am not clued in enough on the behind-the-scenes gossip to know who this person is that the justice is. Or Justice Alito thinks it is.

Divided Argument
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I imagine that there's some folks in D.C. who know enough of the gossip to be like, oh, yeah, they thought it was this person. I don't know who that is. I wish I did. I wouldn't name names on the show. I don't want to get sued, but I would be very curious. But I can imagine the court does something, allows Trump to run for third term.

Divided Argument
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I imagine that there's some folks in D.C. who know enough of the gossip to be like, oh, yeah, they thought it was this person. I don't know who that is. I wish I did. I wouldn't name names on the show. I don't want to get sued, but I would be very curious. But I can imagine the court does something, allows Trump to run for third term.

Divided Argument
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It is something that people on one side think is really even further beyond the pale. And that person writes the op-ed. I think it was important to stand up to the court.

Divided Argument
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It is something that people on one side think is really even further beyond the pale. And that person writes the op-ed. I think it was important to stand up to the court.

Divided Argument
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A kind of second iteration of the famous book Closed Chambers by Edward Lazarus, kind of leaking various things that happened while he was clerking on the court. So we'll see. Okay. So that was a little bit lighthearted. One piece of kind of sad Supreme Court-related news slash gossip, but really news at this point, is that famed Supreme Court litigator and founder of SCOTUSblog โ€“

Divided Argument
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A kind of second iteration of the famous book Closed Chambers by Edward Lazarus, kind of leaking various things that happened while he was clerking on the court. So we'll see. Okay. So that was a little bit lighthearted. One piece of kind of sad Supreme Court-related news slash gossip, but really news at this point, is that famed Supreme Court litigator and founder of SCOTUSblog โ€“

Divided Argument
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And really, a person who fundamentally changed Supreme Court practice, Tom Goldstein, has been criminally indicted for federal income tax evasion in an indictment that indictments are not proof, but indictment contains a bunch of very salacious allegations. Very unfortunate.

Divided Argument
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And really, a person who fundamentally changed Supreme Court practice, Tom Goldstein, has been criminally indicted for federal income tax evasion in an indictment that indictments are not proof, but indictment contains a bunch of very salacious allegations. Very unfortunate.

Divided Argument
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I can't say I know Tom well, but he was actually my professor when I was a 3L as he taught the Harvard Supreme Court litigation clinic. And so I worked with him a little bit on a case called Virginia v. Moore. And really someone who โ€“ it's hard to overstate his role in shaping the way Supreme Court litigation is practiced today.

Divided Argument
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I can't say I know Tom well, but he was actually my professor when I was a 3L as he taught the Harvard Supreme Court litigation clinic. And so I worked with him a little bit on a case called Virginia v. Moore. And really someone who โ€“ it's hard to overstate his role in shaping the way Supreme Court litigation is practiced today.

Divided Argument
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I mean, he's someone who came into it without the traditional prestige credentials. He didn't clerk on the court. He had a D.C. circuit clerkship, but he didn't go to Harvard or Yale. He went to American University. But he sort of said, I can identify myself. Circuit splits. I can identify cases they're going to be interested in, and I can go find them.

Divided Argument
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I mean, he's someone who came into it without the traditional prestige credentials. He didn't clerk on the court. He had a D.C. circuit clerkship, but he didn't go to Harvard or Yale. He went to American University. But he sort of said, I can identify myself. Circuit splits. I can identify cases they're going to be interested in, and I can go find them.

Divided Argument
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I can go talk to these lawyers who represented the cases before, just volunteer to take the cases. He did that to great success before anybody else was trying it. I think that his tactics were kind of seen as ambulance chasing by the kind of more genteel lawyers. members of the Supreme Court bar. I think John Roberts actually famously kind of criticized it.

Divided Argument
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I can go talk to these lawyers who represented the cases before, just volunteer to take the cases. He did that to great success before anybody else was trying it. I think that his tactics were kind of seen as ambulance chasing by the kind of more genteel lawyers. members of the Supreme Court bar. I think John Roberts actually famously kind of criticized it.

Divided Argument
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I don't remember the context, but he said, would you go to a lawyer that called you up on the phone or would you go get a lawyer that you found? And then SCOTUSblog, a tremendously valuable resource in aiding public knowledge of the court, but also in aiding people like you and me. And when I'm trying to figure out what's going on, I go to SCOTUSblog just as often as I go to supremecourt.gov.

Divided Argument
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I don't remember the context, but he said, would you go to a lawyer that called you up on the phone or would you go get a lawyer that you found? And then SCOTUSblog, a tremendously valuable resource in aiding public knowledge of the court, but also in aiding people like you and me. And when I'm trying to figure out what's going on, I go to SCOTUSblog just as often as I go to supremecourt.gov.

Divided Argument
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Yeah. Yeah. So, and I think it's, it's unfortunate because it's the Tom, because of his kind of outsider experience, status. I mean, I think it's the kind of thing where the elite people are going to be kind of snickering a little bit behind closed doors. But that's not the right thing to do right now about someone who is just tremendously successful at what he did.

Divided Argument
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Yeah. Yeah. So, and I think it's, it's unfortunate because it's the Tom, because of his kind of outsider experience, status. I mean, I think it's the kind of thing where the elite people are going to be kind of snickering a little bit behind closed doors. But that's not the right thing to do right now about someone who is just tremendously successful at what he did.

Divided Argument
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And I think he had a persona that I think some people found a little kind of too much. I remember I can't remember what case it was, but there was the case that he argued that was the same day as another huge case. And he says in his opening to the court is, today's undercard presents the issue of, and everyone was kind of rolling their eyes. But maybe this is a selfish thing to worry about.