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

Visit to get our entire library of TED Talks, transcripts, translations, personalized talk recommendations and more. 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. “The question is not how to win every argument,” he says. “It’s how to…

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Visit to get our entire library of TED Talks, transcripts, translations, personalized talk recommendations and more.

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. “The question is not how to win every argument,” he says. “It’s how to get back up when you do lose.”

The TED Talks channel features the best talks and performances from the TED Conference, where the world’s leading thinkers and doers give the talk of their lives in 18 minutes (or less). Look for talks on Technology, Entertainment and Design — plus science, business, global issues, the arts and more. You’re welcome to link to or embed these videos, forward them to others and share these ideas with people you know.

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102 Comments

102 Comments

  1. Daan van Dongen

    October 2, 2020 at 10:49 pm

    No u. That’s it that’s the secret folks

  2. Nirali Joshipura

    October 2, 2020 at 10:51 pm

    Trump watching this like 👁 👄 👁 ✍️

  3. bravojr

    October 2, 2020 at 10:54 pm

    So your teaching the game but not what to fight for.. .Yeah that goes over well.

  4. Suave Dave

    October 2, 2020 at 11:26 pm

    Thank you Neal.

  5. Notmade ofPeople

    October 2, 2020 at 11:28 pm

    Next up in recommendations: how to find a good divorce lawyer.

  6. M Amante

    October 2, 2020 at 11:35 pm

    This is so good!!! Thanks Neal, this made me feel slightly better about the coming months. Just slightly. I still feel an incredible amount of dread though 🙁

    • Dialectical Monist

      October 2, 2020 at 11:53 pm

      Lol. You should.

      Not only will ACB be confirmed, but Trump will win, and MORE Supreme Court Justices will be confirmed in the coming years.

      No amount of looney leftist tears will change it.

      Feels great.

  7. Dialectical Monist

    October 2, 2020 at 11:49 pm

    Boo hoo.

    He banned COUNTRIES, not “muslims”.

    We are at war with ISIS, Antifa and other evil leftist forces.

    You’ll be fine. There is still plenty of soy to consume in a free country.

  8. joe.public

    October 2, 2020 at 11:51 pm

    I am not even American and i am shocked that anyone would appose limiting immigration of extremely antagonistic cultures.

  9. Ana Marisol

    October 3, 2020 at 12:08 am

    😃

  10. day6creation breathing

    October 3, 2020 at 12:09 am

    Pitifull GOD BLESS YOU.

  11. Roseannne Keogh

    October 3, 2020 at 12:22 am

    I was desperate so I did it 🤣🤣

  12. Pople BackyardFarm

    October 3, 2020 at 12:22 am

    This was interesting

  13. Kikki K

    October 3, 2020 at 12:24 am

    Wow talk about proud parents !!! His parents did an amazing job raising him

  14. Ur heart is too big for ur body

    October 3, 2020 at 12:28 am

    very nice

  15. alarcon99

    October 3, 2020 at 12:31 am

    Neal Katyal: How.
    The Other Latif Nasser: yeah, how?

  16. Justin Case

    October 3, 2020 at 12:31 am

    Its takes more courage to be for one right thing that it does to be against everything else . True gumption is to fight a losing Battle for an unsavory cause that you know in your heart and mind to be true. Thank you sir, for standing up for my rights my constitution and my future. God bless america

  17. southstaronline

    October 3, 2020 at 12:32 am

    My time on this planet has taught me you never argue with someone who has a haircut like this.

  18. Celtic Lass

    October 3, 2020 at 12:47 am

    It’s called being quiet and listen to the person. The end.

  19. tina:D

    October 3, 2020 at 12:55 am

    This is so beautiful to hear. It is like music.

  20. SnapcrackerzTeam

    October 3, 2020 at 12:55 am

    Truth will set you free always

  21. Denin Paul

    October 3, 2020 at 12:55 am

    At last, a guide for Among Us 🤣

  22. Rebecca Solomos

    October 3, 2020 at 1:08 am

    Is Ted going to talk soon?

  23. Spine Apple

    October 3, 2020 at 1:12 am

    I’m waiting for the final boss, ted himself

  24. Shadow Banned by Youtube

    October 3, 2020 at 1:21 am

    gay

  25. Ridwan Muhaimin

    October 3, 2020 at 1:27 am

    Can’t use this against my mom

  26. Dans Shade

    October 3, 2020 at 8:29 am

    He seems wise, but he fails to understand that not all newcomers share the same pasion for US as his family did. There are newcomers who would like to get the high standards of living while in meantime turning the US into the same sh*thole they came from. And this problem isn’t specific only to US – all developed countries facing it more or less.

  27. Aylbdr Madison

    October 3, 2020 at 8:57 am

    6:11 In the U.S. today, people are being shot everyday just for bringing their case.

    • Q Mendez

      October 3, 2020 at 9:50 am

      Aylbdr Madison its not in many other countries, for blacks its in America, that they are getting shot. That was one side

  28. nuitNo.6

    October 3, 2020 at 9:31 am

    Don’t care. I just won.

    • Aylbdr Madison

      October 3, 2020 at 9:51 am

      Compassion = strength, selfishness = weakness. This is easily proven by the fact that all heroes endeavor to selflessly help others, and or defend those less able to defend themselves. If your mother was being beaten by thugs, would you prefer someone with compassion was there to step in and defend your mothers life? Or would you prefer that someone be selfish and just walk away and let her be beaten to death because they were too selfish to risk their own safety to save another living being?

    • nuitNo.6

      October 3, 2020 at 10:12 am

      @Aylbdr Madison People who hate are weak. Being selfish is being strong.

  29. Sibylle Leon

    October 3, 2020 at 10:00 am

    It’s not what makes America different. It’s what makes any civilised country “different”. Jeez.

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    October 3, 2020 at 11:23 am

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  31. G.C Chaudhary

    October 3, 2020 at 12:26 pm

    wow why every trump hater is appearing just before the elections ……..??

  32. Hannah D

    October 3, 2020 at 12:56 pm

    The hand you are holding is not seeking truth and justice but your own agenda. And you learned our to be a theatre major from law school.

  33. Zabeardy Beardy

    October 3, 2020 at 1:17 pm

    Advantage that a court has over your average day, court has rules. In our average day any argument without rules no one wins. For an argument to have ground both sides need to follow same set of rules, otherwise, if one of them does not, the debate is good as trash. Many times, the irrational wins over the rational as it can not keep up nor penetrate someones illogic, therefore you can only wait untill the individual has experienced what you have to come to the same conclusion (my idea for now). While I agree that the timing needs to be right, but that a good argument will always win in the long run is questionable (mostly outside the court).

  34. Manbha Lalhlimpuia Basan

    October 3, 2020 at 2:00 pm

    Indians cant say anything about the govt

  35. profpmartin

    October 3, 2020 at 2:08 pm

    Absolutely on point. Emotional intelligence!

  36. Bruce Stening

    October 3, 2020 at 2:15 pm

    An excellent presentation. Mr Katyal is one of my favourite legal commentators on TV, appearing regularly on Ari Melber’s first-class show

  37. Johannes Halberstadt

    October 3, 2020 at 2:20 pm

    EDIT: I am happy to hear, that a few minutes in, the talk it seems to go exactly in the right direction. End of edit.

    Without even having seen the talk, I feel like with a title like this, it can only go into a wrong direction. Its appealing at first. Because who wouldn’t like to win or convince an opponent. But if its only about winning, you are doing it wrong. “Winning” should be the natural consequence of having the better argument, the better reasoning. So maybe be more rigorous with you onw thinking first. Aguing should be about correct reasoning and a proper, fair debate, which will allow all involved parties to leave with the best position on a topic. Sure, if you are convinced that you have the best view, position, conviction, learning to present it in a convincing manner will help. But sticking to proper reasoning AND fair manners in aguing should enable yourself to either naturally win the argument or let youself be convinced by the better argument of your opponent, so everybody profits. If its just about winning, even if you are wrong or negligent of wether you are wrong or not, you become basically Trump.

  38. Crazeee Nigrifagritard

    October 3, 2020 at 2:28 pm

    ok, but.. y does gitmo still exist?

  39. The Indian Da Vinci

    October 3, 2020 at 3:35 pm

    When will Ted talk? I have been waiting for ages…

  40. Happy Sunny baby

    October 3, 2020 at 4:05 pm

    Please invite Miss Earth to talk in your beautiful show….

  41. Harleen Pannu

    October 3, 2020 at 4:16 pm

    Incredible.

  42. Chris

    October 3, 2020 at 4:43 pm

    …and nobody was held accountable for torturing often innocent people at guantanamo. america shipped their booty of detainees to other countries to be tortured. they lived happily ever after. the american dream goes on.

  43. izzie

    October 3, 2020 at 4:52 pm

    “Hold their hand…. try and understand their viewpoint; why? Facts?”

  44. Krunoslav Stifter

    October 3, 2020 at 6:21 pm

    Racist today is a person who is winning an argument with a lefty. Here is a million dollar question? How to win an argument with a lefty? It cannot be done.

  45. SaffronKiwiGaming Bruno Lessard

    October 3, 2020 at 6:38 pm

    this will get useful in among us

  46. Uncle Sam Motors

    October 3, 2020 at 7:50 pm

    You’re doing the work that every human must do at every step in life. Protecting humanity and general decency. I’m proud of your level-headedness. Islam needs reform. But, Islamophobia is not the antidote. Love and respect from an atheist born into a conservative Hindu Indian family.

  47. Akbota Nuralim

    October 3, 2020 at 8:07 pm

    Thank you Tedx team 😍. Please look my video on my Chanel, I think it will be useful

  48. Mohammed Shafei

    October 3, 2020 at 11:03 pm

    Good video, but has nothing to do with the title.

    Why don’t people deliver what it says on the tin for a change?

  49. K channel

    October 4, 2020 at 1:02 am

    Dam I thought Kassam G was doing a Ted talk

  50. JAGADEESH SAKURU

    October 4, 2020 at 1:12 am

    Hinduism always considers that “Entire world is a family.”

  51. Caleb Newton

    October 4, 2020 at 2:51 am

    Is it more important to be right or to be persuasive?

    • Denin Paul

      October 4, 2020 at 9:22 am

      according to him, its both

  52. Richard Ryan

    October 4, 2020 at 6:08 am

    Awesome!

  53. Stephen Smith

    October 4, 2020 at 6:46 am

    Arguments depend upon the people who wish to be argued to.

  54. Alison B

    October 4, 2020 at 7:01 am

    U.S. justice? What other western democracy has a Guantanamo Bay!

  55. Duncan Goh

    October 4, 2020 at 7:42 am

    god save people under corrupt politicians

  56. Solitary Reaper

    October 4, 2020 at 7:54 am

    Lol, disgusting lying leftist.
    Also, Islam DOES hate us, make no mistake, absolutely true statement

  57. mrchr1s94

    October 4, 2020 at 8:32 am

    American greatness plottwist: In almost all of Europe it is taken for granted that extrajudicial prisons with torture chambers don‘t even exist and everyone can take the government to court too, and with regards to human rights even on a supra-national level at the European Court of Human Rights.

  58. DanielTTY

    October 4, 2020 at 9:16 am

    I would like to see if you can help Huawei win their banning case.

  59. V. Hansen

    October 4, 2020 at 9:27 am

    This did not teach me how to win an argument, but it was a very interesting and worthwhile talk.

  60. tbongiorno2010

    October 4, 2020 at 9:41 am

    Congratulations Neal- from Australia – on such a refreshing and stimulating talk . You are a credit to the justice system . Keep up the good work.

  61. Faris General

    October 4, 2020 at 11:05 am

    Ok please Try your theory on street hooligans , by the way you the driver is one of the worst person ask his college in Guantanamo , you are in left side

  62. Doug Fitch

    October 4, 2020 at 11:33 am

    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.

  63. Nama Asliku

    October 4, 2020 at 3:44 pm

    It’s a clever way of conveying message vote trump out. Impressive. Personally I liked the approach of being upfront with argument more.

  64. Russell Todd

    October 4, 2020 at 4:51 pm

    Well stated, thank you!

  65. seoula avilia vas

    October 4, 2020 at 6:23 pm

    ⭐⭐⭐⭐⭐

  66. Fully hopped lurker

    October 4, 2020 at 6:57 pm

    USA is a nation of citizens….not immigrants. Enhanced vetting…started my Obama, not Muslim ban. Were people from Indonesia banned? No.

  67. Vladyslav Kurbatskyy

    October 4, 2020 at 7:55 pm

    🕊

  68. Fam Fam

    October 4, 2020 at 8:06 pm

    Another American thinking the rest of the world countries are banana republics – There might be a few where the driver would have been shot, but +160 others where the have a similar or better legal system.
    It started well enough and made me curious, but it got nauseating fast.
    If America is so great, why did you have that darn place to begin with ?

  69. Sakibul Hasan

    October 4, 2020 at 8:43 pm

    kicui bujlam na.haira english🤣🤣🤣🤣🤣

  70. Riley Hoffman

    October 4, 2020 at 9:09 pm

    Smart and true. Our lives are worth only the good we leave behind.

  71. 0 0

    October 4, 2020 at 10:57 pm

    Practice empathy? So wrong! That comes naturally from inside!!
    Confidence and empathy.
    He is saying you don’t need confidence, what heinous advice!

    • Dan Rinkenberg

      October 5, 2020 at 9:57 pm

      Yeah, I bet you’re better at arguing law cases then this guy. What does he know?

  72. 0 0

    October 4, 2020 at 10:58 pm

    Don’t agree with anything. Very bad advice!

  73. Drew Campbell

    October 4, 2020 at 11:29 pm

    Superb talk.

  74. David Renwick

    October 5, 2020 at 6:26 am

    Thanks Neal. You make a difference and I enjoy all of your presentations on news media.

  75. Jacob Heddens

    October 5, 2020 at 5:48 pm

    Like any body watching this video is going to the Supreme Court 😂

  76. Jacob Heddens

    October 5, 2020 at 5:49 pm

    I’m watching this so I can win an argument against my family 😂💀

  77. Mark Arnott

    October 5, 2020 at 6:58 pm

    🦜au – my great x7 gen grandfather sir William sailed to OZ from scotland 1847 and built an Empire
    He saved 2 young kids from drowning had his factory burnt down in Sydney few times .
    but exspanded the bussiness across australian His house is now heritage musem
    i found an old castle remains in Scotland owned about 1400s – 1600’s? still standing date aprox
    I coudve ignored my history But Goggle has made it so Much easier to find anything
    to do this in 80s took many car trips & $ my X wife had me do if time Guess she got me interested as we never thought we were related from his Direct family tree
    some grandaughter of willaim flew my x wife to sydney for a weekend as No one had attempted the Faimly tree she was impressed with the work to date 1980s by hand now digital

  78. Sofia LN

    October 5, 2020 at 8:58 pm

    What an intelligent man!

  79. Adb. Artwork

    October 5, 2020 at 9:47 pm

    It’s easy: just call someone racist/sexist/homophobic/xenophobic/transphobic/misogynistic. You’ll be revered as a civil rights hero

    • Mandrake

      October 7, 2020 at 12:34 pm

      This.

  80. Ben Saff

    October 5, 2020 at 11:22 pm

    Thank you, Neal

  81. justin fwibber

    October 6, 2020 at 12:41 am

    Didn’t work. I want my time back.

  82. Ankul Yadav

    October 6, 2020 at 4:02 am

    Thing I was searching for years

  83. Zoe Oneal

    October 6, 2020 at 6:00 am

    RIP RBG

  84. David Lee

    October 6, 2020 at 1:26 pm

    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.

  85. Anonymous Anonymous

    October 6, 2020 at 1:38 pm

    So basically, the court room drama we see in T.V. is the way to persuade people.

  86. Neil Yakov

    October 6, 2020 at 3:02 pm

    Why not just use the “Chewbacca Defence”

  87. Laura Vescovi

    October 6, 2020 at 7:23 pm

    Love you Neil love your ♥️

  88. Kartik Kalia

    October 6, 2020 at 8:49 pm

    I came here for the title.
    I’m Indian and don’t much care about US politics but this video was straight up propaganda pushing.

  89. Kevin A.

    October 7, 2020 at 8:44 am

    Amazing story! I love how the aspect he believed that would make people lose and argument is what inspired to argue more. Truly wonderful story.

  90. D Suaz

    October 7, 2020 at 12:59 pm

    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.

  91. John Wood

    October 7, 2020 at 5:30 pm

    I just received a working cc from empirestore11 on telegram.. so happy I met him…he’s the best out here ✅💯

  92. Elizabeth Black

    October 7, 2020 at 8:40 pm

    Love this guy

  93. alo

    October 8, 2020 at 7:19 am

    _Mitchell 🎣🇺🇲🏆🥶 is typing…_

  94. 24 Nabilla Salsa Fahira

    October 8, 2020 at 11:20 am

    I knew it, “confidence” is what stressed me out all this time. Thank you for the inspiring content!

  95. Mateusz1953

    October 8, 2020 at 1:37 pm

    Superb and solid.

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