Dan Epps

whatever we want, and judges who are constrained and who are not kind of engaged in that kind of same kind of inquiry, same kind of freewheeling discussion, they're somewhat constrained. And then lawyers who are also somewhat constrained. Maybe it seems like you should have academic panels and you should have judge panels.

Yeah. But again, even that would be awkward, right? It would be awkward. It would be hella awkward, but it would be interesting. It would be interesting, for sure. And this was interesting. Okay. So yeah, I'm not a no on future invites, but I would be curious to know who's on the panel. This is the second FedSoc event I've done.

Yeah. But again, even that would be awkward, right? It would be awkward. It would be hella awkward, but it would be interesting. It would be interesting, for sure. And this was interesting. Okay. So yeah, I'm not a no on future invites, but I would be curious to know who's on the panel. This is the second FedSoc event I've done.

The other one was a Zoom event, but where there was somebody else on the panel who was saying stuff I thought was not just kind of that I disagreed with, but was kind of like wrong and dumb. And that dumb enough that I, you know, maybe dumb is the wrong word, but just required a response. Otherwise it was going to be problematic for me to not, you know, weigh in on this.

The other one was a Zoom event, but where there was somebody else on the panel who was saying stuff I thought was not just kind of that I disagreed with, but was kind of like wrong and dumb. And that dumb enough that I, you know, maybe dumb is the wrong word, but just required a response. Otherwise it was going to be problematic for me to not, you know, weigh in on this.

And again, that is a stressful situation to be in. And so I, you know, I think that I might, you know, see who's on the panel and not participate if I feel like it's going to be that kind of a situation just because it's Sure.

And again, that is a stressful situation to be in. And so I, you know, I think that I might, you know, see who's on the panel and not participate if I feel like it's going to be that kind of a situation just because it's Sure.

Honestly, not really. I feel like I kind of made the point I wanted. I mean, I think I've expanded on it some here, and I really just do think that... I continue to think we should be able to talk about the structure of the court system and the right way to design it and acknowledge that there are partisan stakes and also try to evaluate the arguments on their merits.

Honestly, not really. I feel like I kind of made the point I wanted. I mean, I think I've expanded on it some here, and I really just do think that... I continue to think we should be able to talk about the structure of the court system and the right way to design it and acknowledge that there are partisan stakes and also try to evaluate the arguments on their merits.

The partisan stakes might explain why any kind of changes are never going to be possible, but I still think we should be able to say, yes, this is a good way for constructing a judiciary or this is bad or they're not good arguments here and maybe it's one we're stuck with.

The partisan stakes might explain why any kind of changes are never going to be possible, but I still think we should be able to say, yes, this is a good way for constructing a judiciary or this is bad or they're not good arguments here and maybe it's one we're stuck with.

But I do think this exercise of trying to paint people we disagree with as hypocritical, I just – I don't think it accomplishes anything. I don't think it persuades people. And I think it maybe scores points among co-partisans. I mean Mitch McConnell liked Judge Jones' remarks. He came to her. Her defense on the Senate floor, calling Steve the general patent of the legal left, which is great.

But I do think this exercise of trying to paint people we disagree with as hypocritical, I just – I don't think it accomplishes anything. I don't think it persuades people. And I think it maybe scores points among co-partisans. I mean Mitch McConnell liked Judge Jones' remarks. He came to her. Her defense on the Senate floor, calling Steve the general patent of the legal left, which is great.

I guess, I don't know what that makes me. It makes me just like, I don't know, aide-de-camp or something. There are a lot of generals. Am I part of the legal left-ish? I don't know. This podcast is not really part of the legal left. So yeah, I don't know. All right. So there's a lot potentially to catch up on. Much of it we're going to gloss over. There was an election.

I guess, I don't know what that makes me. It makes me just like, I don't know, aide-de-camp or something. There are a lot of generals. Am I part of the legal left-ish? I don't know. This podcast is not really part of the legal left. So yeah, I don't know. All right. So there's a lot potentially to catch up on. Much of it we're going to gloss over. There was an election.

Yeah, there seems to be a lot of speculation that Justices Alito and Thomas are going to leave and be replaced by their former clerks. I don't really know if that's based on anybody's inside information or if that's wishful thinking or what.

Yeah, there seems to be a lot of speculation that Justices Alito and Thomas are going to leave and be replaced by their former clerks. I don't really know if that's based on anybody's inside information or if that's wishful thinking or what.

If that were to happen, I mean, you would then have a kind of five justice, very strong conservative majority, all of whom would be kind of in their 50s or younger. Yeah. Wait, why five? Oh, because the chief would be old. Yeah, I'm not counting the chief.

If that were to happen, I mean, you would then have a kind of five justice, very strong conservative majority, all of whom would be kind of in their 50s or younger. Yeah. Wait, why five? Oh, because the chief would be old. Yeah, I'm not counting the chief.

I mean, they would still have the chief, but I just mean you would have a full majority of the court that was appointed within a short period of time. And so it could continue collectively to kind of control the court for some significant period of time. Which would be good for some people, bad for others.