Neal Katyal : How to win an argument (at the US Supreme Court, or anywhere)

 Neal Katyal·TED2020

How to win an argument (at the US Supreme Court, or anywhere)

Summary

The speaker whose father was an immigrant had to fight in court and it was a difficult case. The opponent was America’s top courtroom lawyer of the Solicitor General of the United States, and the speaker’s client was the driver of Osama bin Laden who was an enemy of all over the US. Furthermore, Donald Trump was elected. Trump's side banned immigration from seven countries with overwhelming Muslim population. The speaker’s team struck the travel ban as discrimination, though, Trump side added North Korea, they said it’s not discrimination thus the speaker lost.

However, after all, even in the Supreme Court, just convenient things for someone, especially authority, have won.

The speaker remembered the case of 70 years ago. It was the same office, the case was won by the former Head of the Solicitor General’s Office and the speaker was the same position at the same office at that time. He realized that there was racial prejudice, the FBI believed it, the government’s misrepresentation, and the racists were not very good with a distinction between Hindus and Muslims.

Talking about stories of some of the most impactful cases.

Showing human connection, empathy, and faith.

Persuasion is about empathy, confidence is the enemy of persuasion

Getting into someone else’s shoes and empathizing.

Avoiding emotion. Letting provocation an emotional reaction.

Waiting for timing, even if vindication comes.

History will prove you right if you make a good argument without giving up. The way is not to win every argument, you have to have skills and power on how to get back up when you do lose.

The speaker's result was applied to the Geneva convention as the war on terror.