Divided Argument Jezebel Shouting
Apr 2, 2026
Live law-school banter leads into a close look at a street-preacher conviction and the puzzling Heck v. Humphrey rule. They unpack a unanimous Supreme Court opinion narrowing Heck and trace the messy split among circuits. The hosts also riff on qualified immunity, summary reversals, and the optics around advocates and new defender-general roles.
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Magnet Carrying Caused Airport Security Delay
- Dan Epps brought stickers and magnets for attendees and had a security delay due to the magnets.
- He spent about 25 minutes at airport security, with most time spent explaining the podcast magnets to a suspicious security officer.
The Court Prioritizes Cases Granting Constitutional Remedies
- The Court disproportionately intervenes when lower courts allow constitutional remedies like habeas or §1983 suits.
- Dan Epps notes the Justices often prioritize cases where prisoners get relief or plaintiffs can sue officers, creating an asymmetry in discretionary review.
How Qualified Immunity Raises The Bar For Suits
- Qualified immunity requires officials' conduct to be not only unconstitutional but also 'clearly established' by prior precedent.
- Will Baude explains the doctrine often bars suits unless a prior case had nearly identical facts showing the violation.