Divided Argument Divided Argument

Very Civilized Orangutans

Aug 12, 2026 · 1h 9m

Summary

Hosts Dan Epps and Will Bode discuss *Hunter v. United States*, where Justice Kagan’s majority opinion establishes a “miscarriage of justice” exception to enforce appeal waivers in plea bargains. They analyze the Court’s rationale, which prioritizes judicial legitimacy and prevents courts from appearing complicit in egregious errors. The episode also features a mailbag segment debating Magneto’s comic book powers, the origins of “S-tier” rankings, and the logic of conditional predictions.

Topics discussed

Intro and podcast record predictions Trump v. California emergency application Magneto's powers and S-rank origins Prediction scorecard and Aurora Tap Room Hunter v. United States case background Majority opinion and appeal waiver rules Miscarriage of justice exception analysis Examples of egregious errors and consensus Justice Thomas's dissent on plea bargaining Concurring opinions and supervisory power Procedural common law and final thoughts
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