Dan Epps

And part of the way justice works is that you kind of roll the dice.

What do you mean by coincidence? I mean, it's not like they're randomly choosing the outcomes. It's just they have more conservative judicial philosophies, right? Right.

What do you mean by coincidence? I mean, it's not like they're randomly choosing the outcomes. It's just they have more conservative judicial philosophies, right? Right.

Yeah. The point is that if you have a system with lots of judges, there's going to be outliers, and a system that enables litigants to, even without any particular connections to the forum, just to pick those judges, I think is bad.

Yeah. The point is that if you have a system with lots of judges, there's going to be outliers, and a system that enables litigants to, even without any particular connections to the forum, just to pick those judges, I think is bad.

Yeah. I just thought that was what we had all settled on. As an originalist, I thought you'd go with the kind of older school pronunciation. I should not know what the older school one is.

Yeah. I just thought that was what we had all settled on. As an originalist, I thought you'd go with the kind of older school pronunciation. I should not know what the older school one is.

Yeah, that's reasonable.

Yeah, that's reasonable.

Yeah, I guess I share some of your reaction that like, part of what bothered me about it was the kind of intellectual and seriousness of the arguments and the criticism. And I thought that, you know, I am very biased in the debate, but I really did think that if anything, it proved the, both the points Steve and I were making, like at least certainly didn't detract from them.

Yeah, I guess I share some of your reaction that like, part of what bothered me about it was the kind of intellectual and seriousness of the arguments and the criticism. And I thought that, you know, I am very biased in the debate, but I really did think that if anything, it proved the, both the points Steve and I were making, like at least certainly didn't detract from them.

And I don't really understand the position being advanced. The position is that, is that what you can't criticize the public can't criticize the way the judiciary is structured. Like,

And I don't really understand the position being advanced. The position is that, is that what you can't criticize the public can't criticize the way the judiciary is structured. Like,

I was trying to kind of encapsulate the argument, and I am struggling to come up with the principle that it's going to lead – if you say that, gosh, this system is bad because it enables judge shopping, that necessarily leads to death threats, and so we can't make those arguments. I really don't understand the argument. Yeah.

I was trying to kind of encapsulate the argument, and I am struggling to come up with the principle that it's going to lead – if you say that, gosh, this system is bad because it enables judge shopping, that necessarily leads to death threats, and so we can't make those arguments. I really don't understand the argument. Yeah.

Yeah, there could be, but it's, if it's going to, you know, if you're going to make that accusation, you know, you should really back it up.

Yeah, there could be, but it's, if it's going to, you know, if you're going to make that accusation, you know, you should really back it up.

I mean, it could be. I mean, but it could be. I mean, if no... Media organization reported on what the courts were doing. Nobody would know who the judges were. I mean, I just don't know where you possibly are supposed to draw that line. I mean, your colleague, Adam Mortara, was tweeting about this a bunch.

I mean, it could be. I mean, but it could be. I mean, if no... Media organization reported on what the courts were doing. Nobody would know who the judges were. I mean, I just don't know where you possibly are supposed to draw that line. I mean, your colleague, Adam Mortara, was tweeting about this a bunch.

And I struggled to kind of figure out, you know, he was very supportive of Judge Jones and he's been very critical of Steve and has, you know, kind of Trumpian, you know, derisive nicknames for him.