How to win an argument (at the US Supreme Court, or anywhere) | Neal Katyal
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- Опубліковано 19 чер 2024
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The secret to winning an argument isn't grand rhetoric or elegant style, says US Supreme Court litigator Neal Katyal -- it takes more than that. With stories of some of the most impactful cases he's argued before the Court, Katyal shows why the key to crafting a persuasive and successful argument lies in human connection, empathy and faith in the power of your ideas. "The question is not how to win every argument," he says. "It's how to get back up when you do lose."
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Wow! That was powerful. It is so true. That line gave me chills: "You can only lose an argument by giving up...Because in the long-run, good arguments will win." No wonder he has won many cases in Supreme Court.
The prioritization of persistence over logic and compromise allows nonsense to claim victory.
Trump is persistent in his denial of Biden winning the election. But, I wouldn’t say he’s winning the argument...
The logic behind an argument should be more important than the persistence behind it. Persistence keeps a narrative alive while people within the group claim victory while the majority is usually is disagreement.
Now we all have our own truths... which means there is no truth. It’s just persistent rants.
@@PIFF50: It should go without saying that he means the persistence of logic and striving toward asymptotic excellence, not persistence for the sake of persistence itself.
Well if you lose an argument, it's not a good argument. Lol how's any of that true
Indeed, Neal became annoying when he became emotional and I didn't want to hear it.
So grateful he took the time to write and tape this.
I will never forget the emotion in Neal's voice while providing commentary during RBG's funeral. You are a hero on behalf of democracy, Neal Katyal. Keep speaking truth with compassion.
keep in mind this was the guy who defended nestle's child slavery policies before the supreme court. not that he hasn't done amazing work, but he's a corporate lawyer first and foremost.
"But the justices don't love you."
The best line 💚 I wish I could hear more about his ways and means.
Being foundationally correct, but be careful what cans of worms you may open.
I feel like a one-person fight about wearing masks. Last night, in the ER waiting room (it covers 2 full City blocks and has twin towers, 12 floors high and a heli-pad on top.
5 people in the waiting room w their masks either under their chin or noses.
Reported each and every one of them to the Police/on-site Office. Fully several officers, a walk through metal detectors, etc.
Finally got tired of it. Raised my decibel level a few and said - loudly -SIR/MAM, WE'D APPRECIATE IT IF YOU COVERED BOTH YOUR MOUTH AND NOSE!
No apologies made. Period.
Sick and tired of being sick and tired of the dingbats that fail to believe that anyone, anywhere inside a building/business, MUST WEAR A MASK.
Have been called many names, including B, the female dog, the C word for female genetalia, waited in the back of the store for 30 minutes hoping that they have gone home, just to get in my car w the groceries.
Repeat Offenders, aka, numerous times (5-8)?
Albertsons/Safeway?
Every time.
Kroger, Fred Meyer?
Every time!
WalMart? Every time...
Both customers and clients!
3 different locations, including the largest location per square foot on the entire West Coast!
Taco Bell, most/all.
Taco Time, most/all.
Burger King, every.
Jack n the Box 8 of 10.
Got given stereophonic sign language (the birds, plural) by the store manager himself. He had a dress shirt and a tie on.
Wendy's, 5, 2 locations.
McDonalds, 7, 3 locations.
Stay safe and well, ok?
⚘🙏❤🙏⚘
Major Old Lady aka, Mom So sad. I come to the conclusion that we can’t win stupidity!
@@majoroldladyakamom6948 I work in a grocery store, so I do appreciate what you are trying to accomplish. One small objection: if they are not wearing a mask, engaging with them about it is likely to 1. Cause a loud verbal outburst, exposing more people to their spittle, and 2. Create a discussion (argument) that makes the offender hang around longer, in order to debate. If you just make a quiet comment to them and let it go at that, they can be quickly checked out, or whatever, and moved on along AWAY FROM US. It is not as satisfying, but accomplishes the goal of getting them the heck away from us as quickly as possible, since you obviously won’t change their opinion anytime soon. Just a thought.
Quite possibly the best TED talk I’ve seen in over a decade of watching.
Congratulations Neal- from Australia - on such a refreshing and stimulating talk . You are a credit to the justice system . Keep up the good work.
I appreciate your words- not only in this TED talk, but also whenever I have seen you interviewed on various news shows. When I listen to you, I appreciate that there are sane, intelligent, thoughtful people who are out there still trying to improve the world. Thank you for all you do in this regard.
This was by far one of the best ted talks I've ever watched.
I agree, and what follows does not take away from the positive features of the speech, but I do feel that he could have done with moderating his position - on some matters he might think that he is definitely, 100% technically, verifiably correct (such as whether a current law is in keeping with past precedent, the constitution or America's professed historical values), but he did seem to present this largely in terms of good vs evil, right vs wrong, which I don't think is entirely appropriate. Values are important for any society, but we live in a complex, ever-changing world and it isn't always easy to agree how we should respond to developments. Our values necessarily shift, change, grow and shrink over time in various ways, there's humanity on both sides of most arguments is what I would like to emphasise.
Totally agree. Very very moving. America is so lucky to have such brilliance in men like Neal.
Maybe one of the top ten Talks. And this by a history maker.
Oh my god. I love what he said, determined to leave the country better than how he found it. That's what I will do as well.
One of the best TED talks I've listened to, truly ideas worth sharing and implementing!
I'm so glad we have Neal . He is a great American and human being.
Neal should be on the Supreme Court everyone will benefit regardless of your race, religion, nationality, gender or political views
Why? Because he can read a text and regurgitate it for a camera? Even the so called Trump travel restrictions from specific countries was a plan made by Obama not Trump, called the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, that says Nationals of VWP countries who have traveled to or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia, or Yemen at any time on or after March 1, 2011 is no longer eligible for travel or admission to the United States. Neal is literally lying and misrepresenting reality.
@@Johansen1000 Neal is probably one the best, if not the best! he has more integrity and decency more than anyone in the Trump administration, but if you don't want him i will give Preet Bharara, the orange man worst nightmare!
@@rasat4829 how much do you know about neils integrity... All u heard was wgat he said
@@Johansen1000 As far as I know, Obama's wasn't a ban , even though it did make travel harder, unlike Trumps.
@@snakearekat2634 As far as you know? I just spelled out word for word what the Law passed by Obama said, do you understand what "traveled to or been present in" the 7 Muslim country's "at any time on or after March 1, 2011" is no longer eligible for travel or admission to the United States. do you understand what that means?
Wow. I'm a public interest lawyer that has gone up against so many goliaths and lost numerous times, leaving me devastated, jaded and frankly helpless. This was so inspiring and gives me hope that my empathy will help bend that arc.
"The purpose of argument is to change the nature of the truth"
It's about convincing other people that a particular idea is the right idea.
I knew it, “confidence” is what stressed me out all this time. Thank you for the inspiring content!
So inspiring and constructive to democracy. This man is an example of our best. Thank you sir.
It’s funny because this guy just got a ruling for Nestle in favor of child slavery in Africa. Great for democracy alright!
"Confidence is the enemy of persuasion.". That quote is going on my desk! Great talk from a great American.
Must not be in sales. Confidence is key.
@@erniellerena correct. I'm sure confidence is key if you are selling stuff, but we're talking about ideas and rhetoric.
I was hoping he would develop that point a little more and tell why confidence undermines persuasion and what the implications are. Should you purposefully sound nervous? Why would that work better? He never explains. He just makes the statement "I realized confidence is the enemy of persuasion." If you say something counterintuitive like that it demands an explanation.
@@bucksdiaryfan 👍
@@erniellerena As a customer, I prefer the empathetic and curious salesperson to the confident one. The confident one will tell me what I want. The empathetic one will try to find out what I want.
Thanks Neal. You make a difference and I enjoy all of your presentations on news media.
I'm waiting for the final boss, ted himself
Hopefully he appears sometime this year
Nature. It (she?) heats up the oven already.
Ted: *sweating profusely*
Technology Entertainment Design
We are in the UK and we had goosebumps. I sincerely hope that the babies and children in cages at the border have the benefit of this wisdom, we cannot believe a country like the USA can even contemplate it is acceptable. Every blessing on your work.
I'm in the USA and I completely agree with you! It is anathema to our constitution and the very purpose of our nation!
I have learned so much from listening to Mr. Katyal--not just in this Ted Talk, but also when he appears on news shows! Thank you!
Neale, after watching your presentation, I happened to watch this film-JUST MERCY. In his argument to get all the charges against his client dismissed, in front of the judge, I saw the lawyer did exactly as you described. Michael B Jordan, as the lawyer for the defendant, was amazingly engaging with the judge and you can see it in their eyes. It was amazingly wonderful.
Thank you. I listened to what you said and was compelled to share with my daughter, also an attorney. She won all three individual awards at the Stetson mock trials and was Valedictorian at Kent Law School. I shared your video to remind her of her passion. Thank you. ❤️❤️
Dear Sir, people like you are the light of the world. Thank you for the giving hand!
Brilliant! Inspiring! I'm so glad your hard-working dad brought your family to the USA. You embody the highest attributes of our constitution and country.
We love Neal he's one of the best people.
Wow Neal has finally made me understand some advice my father gave me years ago. My father was never a man for small talk which made him difficult to get along with but whatever he did say was worth listening to . He told me ,
“Son you can only ever play your ace card once, don’t ever use it unless you have to, timing is everything”
Wow , I wish now that I had given my father more time as I got older but sadly we all have our own sob stories .
100% worth my time. Thanks Neal Katyal, and TED, for a great presentation.
At last, a guide for Among Us 🤣
Empathizing with the one who's accusing me? Nah, imma accuse him back. He was standing on top of the body. HE did it!
@@GauravSingh-ku5xy lol 😂
lol
damn
Gonna have to up the discussion time from 15 seconds then, so there’s time to say more than “where” and “red sus”
The aim of arguments, or of discussions, should not be victory, but progress. - Joseph Joubert
He was a dumbass.
@@20alphabet I dont even know who he is, but the saying is true. The point of a discussion is not to find out who is right, but what is right
@@marcassa123
...but still.
I feel like you should always aim to win an argument, that's like saying like don't aim for perfection, or being the best, but rather just settle with being good.
@@blue.5768
I agree. Yeah, tell your teacher it's not important to complete the test, but that the test is being attended to. An argument is a test.
I was enthralled at your talk, Neal!
Excellent!
You have helped me get through these last four years. I trust you. It has been a tough road & certainly will be a teaching moment for us all!
Emotive expression isn’t the same as emotion. What you are demonstrating (empathy) is actually based on emotional intelligence.
I love you @Neal and so do so many Americans who are living through such troubling times in recent years and continuing up to recent days. I know we can get through this and (eventually) come out on the right side of things because of you and people like you who stand up for truth and justice. Thank you, thank you, a million thank yous.
Thank you Neal! Since that first argument in the SC, you have ALWAYS been my favorite, and a source of inspiration. A million thanks, and hope to see you seated in the SC yourself 🌹🙏🏼🌹
Wow. Neal Katyal. Every time you speak, you're teaching.
This guy explains AMERICA in less than 17 minutes.
Hy
Say more.
@Anonymous Anonymous
Being a horse trader does not mean he is wrong. That's a poor ad hominem. Try being more subtle.
US America as it should be. Let’s hope for the best.
No
"...because we all know the United States has a tremendous immigration problem with North Korea." 🤣
Neal Katyal thank you for your service.
Thank you for this video!♥️
Thank you for everything Neal!
I love this. Thank you for explaining to us all the importance of standing up for what you believe and doing what it takes to uphold those values. Thank you for being a truly great American.
Neal is so smart - he tricks you with “I’ll kill the tension and tell you we won/lost” .. that’s just building it! I’m here for the HOW?
Once again, Neal, you explain things in terms we can all understand. Thank you for being you.
your so great at what you say, what you think, i could listen to you forever. thank you so much for all you say and do !!
Wow, that's the best TED talk I've heard
Calm, empathy, logic and fairness should always win. Thank you for this!
Thank you for being a voice of reason during the last four years. I watch your remarks because you always speak about the law and the constitution of the United States of America in the context of the relevance to these unusual times we are experiencing. I too am an immigrant to this country. From Europe. I have studied American history and I find that a lot of people born here do not know their history. This is baffling to me! I am cheerful not to speak about this. I discuss my political views only with my kids and close friends. I don't usually respond on public platforms. I keep my views private. However today listening to you I feel inspired to comment. I thank you again for your bravery in speaking out against injustice. May you continue to talk to us, and please stay safe and well.
Your voice is important, and we can all make a difference.
I’m British but that was superb. We have our own little local difficulty relating to these sorts of issues right now. But like you I believe we will prevail.
So good...thank you! Having clarity + vision helps see diversity as a strength. Look up the word “nation” and you will learn the US is a multi-nation. Just b/c the US is going thru an identity crisis doesn’t mean justice has to take a backseat.
Neal Katyal, you are an inspiration, a national treasure, and so desperately needed today!
A story about values on UA-cam, you made my day.
See him as a news pundit a lot. Awesome to hear about the person behind it all and how he came to be. Great man.
I just saw this! This is excellent! Thank you so much. I have job interviews this week and your piece is so right on time!
Why spend thousands of dollars to go to law school or hire a lawyer when you can simply watch this video. #genius 😎
Because that's where they teach you to make logical, reasonable, sufficient arguments and, how to tell the difference between claims, opinion and evidence. And statutory law. And......
@@ImTheDudeMan471 r/wooooosh
@@blitzikin9879 How ironic, it went right over your head.
Because you are asked to follow a system and know all these rules,...
Absolutely on point. Emotional intelligence!
One of the best talks on Ted talk. Thank you Mr. Katyal.
The sad thing is that the Senate isn't as rational as we'd like to believe.
29 of 29 have been confirmed in election years.
Soon to be 30 out of 30.
I enjoy leftist tears though. Keep it going.
@@dialecticalmonist3405 lmao, you need help dude
@@dialecticalmonist3405 haha! your comment sure didn't age well with how Trumpanzees have been bitching and crying these past few weeks 😄
@@GrammeStudio
I'm more thrilled than ever.
Trump is going to end up with over 400 electors and will control the House and Senate when it is all said and done.
Watch how this puppy ages.
See you in February.
@@dialecticalmonist3405 400! LOL! Keep sleeping on that dream, buddy. 😄 I'm pretty sure reality in the past couple of weeks have been rough on you there.
Actually, you're gonna need a hibernation since it's going to be 4 years. Better stock up on that copium 😄 See you in February 2025 too! LOL!
Thank you. Well done. Reminded me of Gerry Spence's "How to Win Every Argument Every TIme," which made great sense to a young lawyer floundering around people and judges who seemed unable to follow me. His key story was summing up as an ADA and dropping his notes in front of the jury. Unable to get them back in order, he resigned himself to looking at the jury and tell the story of the case. Its a long time now, but I don't think he lost any case after that trial, even as a plaintiff's lawyer.
I understand your case regarding the Muslim "ban" and recall your efforts, it seems, were absorbed by the political position that Trump wanted to ban all Muslims, which was crazy talk so I paid no attention to the game playing. Your description was more akin to championing due process, so I applaud the effort and diligence. Seriouly, thank you.
Ever read up on the Schecter Brothers case out of NYC? FDR days when brothers ran a Kosher butcher shop and they took the overbearing government to SCOTUS. I assume you know it. Just mentioned it as it seemed to me to help redefine our nation.
Thank you Neal. Wonderful talk.
I'm speechless. Thank you for sharing your experience generously.🙏
I always wanted to hear this story from you. Wonderful TED talk. Neal you are a sunlight ray in days of darkness. Thank you.
Thank you, Neal
Watching this for improving my among us skills
Lol
Thank you. The "hold my hand" statement early on was incredibly helpful. The principle behind that is extremely Good. Thank you for your service to this country and humanity.
This is one of the best Ted talks I have ever watched. Thank you for your very inspiring and educational talk.
This was one of the best I ever heard and needed to hear!
Outstanding talk, Neal. Truly brilliant.
This is so beautiful to hear. It is like music.
Amazing wisdom. Thank you Niel for fighting the good fight. God bless you and your family.
Thank you. The best video I ever watched on UA-cam .
I’ve been watching you at MSNBC or CNN, I love the way you get to the point
With very simple language that I could understand , thanks Neil !!
This is so heartening..an American Hindu fighting for Muslims, Considering the situation in India.
His dad may have been working for Muslims and got caught. Maybe that's why his dad had only $8 when he came here. He maybe didn't seek asylum specifically, but maybe he needed sanctuary. Then he trained his son to be a Hindu turncoat.
Hindu ain't no Muslims, he stressed that point in this video. Pay attention. This is not about religion, it is about American legal system which works for ANY religion.
@@cardiodream right. That's why his dad finds a home in the US, where freedom rings. It's kind of hard on us to take in so many opposing opinions, but our diversity at times can also be our strength. Also, though, a new generation of so-called woke Americans are not accepting foreign influences to harm our way of life or slow our progress. I don't know the facts, but it sounds like his dad was other than merely an economic refugee.
@@cardiodream 別再吵了！我已經知道大多數的中國人不希望看美國繁榮成功，所以我年紀越大越懷疑左派在美國的作為與企圖。
@@cardiodream 我們需要能夠協助美國自立自強的最高法院的大法官。
Thanks Neal - and thanks Ted folks! Excellent thoughts! It's a difficult thing to blend the right amount of facts, empathy, and emotion into an argument/discussion, without it devolving into a madcap slap-fight!
Your high investment in justice ⚖is giving me chills. I listen like a sponge and am deeply grateful for your engagement and zeal. You changed the world ! God bless you!
Bravo! Great talk that I will revisit repeatedly. As others have said, it ranks among the best TED Talks. I didn't know Ann C. said that, though I'm not surprised. Pretty maddening. Glad you turned her ugly words into your own fuel to fight the good fight. Thanks for sharing!
The power of emotional truth. Neal has discovered the most powerful force in the courtroom. Wonderful talk. Thank you.
That is great to know about presenting arguments in court.. I truly enjoy your insights on media too Neal. Thank you!
Thank you Neal, inspirational words
I just love Neal Katyal. He is such a wonderful and honorable man. i want to thank you Neal Katyal for everything you have done for America.
Your integrity and intelligence are incredibly refreshing.
That was deeply inspiring.
Well stated, thank you!
Thank you for this video and your work.
supreme court dream team
setting the tone as model
chief justice as the clark
kent of constitutional
jurisprudence as the
belief in fair play
radiating decency by
way of professional
integrity composed
as dignity being just
reward a good guy
truly inspirational
This was amazing. Thank You.
This was great, thank you for posting!!
I try to help too and I understand your frustration, I feel that too and I apreciate people like you.who try to help.but remember something
Justice exists,and is not even a need to do anything about it .
All will happens itself . Please never forget something.
Is not about win an argument.
I love this.
So inspirational! Thank you, Neal Katyal!
Thank you for sharing this important approach to presenting arguments and all the rest is just a short talk. Frin Galveston, Texas
Neal is awesome! He is knowledgeable, smart, passionate and quite a fine barrister. His words here are right on point, as they explain why is one of the most, if not the most, successful Solicitor General of the U.S. Supreme Court. Implementable words of wisdom seeking to make us better thinkers.
Extremely well presented.
I thoroughly enjoyed your talk. Far too many of the people born here do not appreciate their birthright. Even when you explain it to them, they dismiss what you say and continue taking it all for granted.
Thank you Neal! Wow, that was fantastic!
Beautiful and inspirational Tedtalk in a time much justice is needed. Thank you for holding the light of truth .
That was amazing! Probably the best TED talk I've ever seen!
An excellent presentation. Mr Katyal is one of my favourite legal commentators on TV, appearing regularly on Ari Melber’s first-class show
Well, he is deliberately using “legalese” to mislead, but that is what lawyers do, They take advatage of the ignorant to sway opinion. Best regards.
Beautiful. Valuable insight. Thank you.
Amazing, simply amazing!
Key Takeaway: Any decision board that involve humans will have some kind of prejudice.
Hopefully, the various prejudices will cancel out.. Beware of what you call a prejudice. There is room in every democracy for differences of opinion. Those become prejudices when they are treated as axiomatic, not allowed to be questioned. I discovered the difference when I entered into a dialogue with a male chauvinist. I asked him to give some reason for his attitude and struck a brick wall. My question dealt with the very foundation of his beliefs, and I was not allowed to "rock the boat." And some principles are so fundamental, that they are above prejudice. The independence of the Courts is one. It underpins the Rule of Law. Two Republicans filed papers to impeach a man just for doing his job. The Republican caucus members themselves said that it would not go anywhere, because it conflicted with the Rule of Law. Another is the number of Republicans who refused to implement Trump's scheme to throw out Democratic delegates to the Electoral College, and replace them with Republicans. They saw the institution of democracy as a higher loyalty.
@@douglaidlaw740 absolutely! Prejudice in every sense of the word. Everyone, every single one of us on this beautiful planet are capable of prejudging. As humans we are genetically predisposed to be a disappointment, so we should be quick to forgive for the sake of our sanity