# Double Negatives

An episode of [Divided Argument](https://invisiblenetwork.ai/podcast/1567718103), 30 Jan 2025, 1 h 07 min.

Audio: https://op3.dev/e/dts.podtrac.com/redirect.mp3/media.beamly.com/GxB3tIWgJ0MCDbmD/GxB3ykF8pz0UMRya/GxB3ynasa6wAs47m/c3fbab09e746.mp3

Divided Argument is live from Stanford Law School, hosted by the Stanford Constitutional Law Center! We review an unusual summary reversal in a capital habeas case and the latest universal injunction developments, and discuss some of the implications of the change in administration. After that, we are joined by a very special guest to discuss the recent arguments in the excessive force case of Barnes v. Felix.

## Transcript

[52:05] Dan: Yeah, so that feeds into the other thing that, Orin, you mentioned about qualified immunity. So, if as the court tells us, this is kind of a fuzzy totality of the circumstances inquiry, are officers going to always get qualified immunity except in the most extreme cases where an officer shoots a fleeing shoplifter in the back 20 times. But in most other cases, if it's \[unintelligible it depends on these 12 factors. Isn't that always going to produce qualified immunity where it's not going to be clearly established that the use of force was excessive?

Shows are listed from Apple Podcasts' charts and directory, and Podcast Index where it is used. Every show and episode belongs to its publisher and plays from the publisher's own feed; this site hosts none of them.