OA598: No, Tribal Sovereignty Will Not Save Abortion Access

Some folks on the internet have been trying to “one weird trick” our way to saving Roe by claiming that tribal sovereignty could help ensure abortion access. Well, not only is this wrong, it’s offensively wrong. OA brings you the deep-dive on Indian Law (yes, that’s what it’s called…) with a refresher on McGirt v. Oklahoma, and why none of that equals an instant abortion rights fix. After that, a wildcard question – now that Roe is being overturned, does that mean justices committed perjury in their confirmation hearings?

Links: McGirt v. Oklahoma, 18 US Code § 1153 – Offenses committed within Indian country, The Hyde Amendment, Indigenous Women’s Reproductive Rights: The Indian Health Service and Its Inconsistent Application of the Hyde Amendment

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OA597: 5th Circuit Tells SCOTUS Hold My Beer

The 5th Circuit has never been in the top 10 circuits in terms of not being insane, but now it has gone even more off the rails. Andrew takes us through the deep dive on a terrible decision that will decimate the SEC’s ability to do anything, and why the logic will be applied elsewhere. Before that, a quick update on how much Elon Musk sucks and has completely blown it with the Twitter deal. And a quick word on primaries.

Links: Twitter says it will ‘enforce’ Elon Musk’s $44 billion acquisition deal, 28Patriot” v. SEC, 15 US Code § 78u–2 – Civil remedies in administrative proceedings, Jellum & Tincher, “The Shadow of Free Enterprise”, Are the SEC’s Administrative Law Judges Biased? An Empirical Investigation, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S.Ct. 1365 (2018), Summary of Administrative Law Judge Responsibilities

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OA596: Depp v. Heard, with Morgan Stringer

By popular demand, we old out of touch guys have invited Ace Associate and Poplaw Expert Morgan Stringer on to explain to us just what in the h is happening in the Depp v. Heard lawsuit. Who is suing whom and for what? Can we take what we’re seeing on TikTok at face value? Also who is Amber Heard? All these answers and more(gan)!

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OA595: Shareholders Sue Twitter, Alleged Facts Jeopardize Musk Deal

According to a lawsuit filed by some shareholders, Twitter may have failed to disclose important information about the Musk deal, and it might be Musk’s doing! Get the full breakdown on this very interesting lawsuit that isn’t getting much coverage elsewhere! Also, a Connecticut Bill paves the way for how other states might fight against abortion restrictions. Something to fight for in your state! Also, why Andrew is definitely right about Clarence Thomas.
Links: Code of Conduct for US Judges, 2011 Year-End Report on the Federal Judiciary, WHPA fails, CT bill, Orlando Police Pension Fund v Twitter, 8 Del. Code § 203, disclosure in merger agreement

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OA594: Impeach Clarence Thomas

It’s a breakdown I’ve been begging Andrew to do for months and it’s finally here! The case for why the House should start impeachment proceedings for Clarence Thomas.

Links: Ginni’s texts, Trump v. Thompson, Ginni apologized to clerks, Justice Samuel Chase – Impeachment, How Ginni Thomas jockeyed for influence in Trump’s orbit

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OA593: Roe Was Never About a ‘Right to Abortion’

It is absurd to say “point to where in the Constitution it says you have a right to an abortion.” Legally speaking, there’s something a lot deeper and more basic going on. As we all already know, this leaked decision makes a mockery of the law. Andrew has some further deep-diving for us on how the court, a mere 20 years ago, ruled in the opposite direction on similar legal questions. Many of the same Justices were a part of that ruling. Listen and learn!

Links: Court press release, Draft Dobbs opinion, Abortion Policy in the Absence of Roe | Guttmacher Institute, Hodes & Nauser v. Schmidt, 87(R) SB 8, Arkansas SB 149 (2019), Lawrence v. Texas, Bowers v. Hardwick, 478 U.S. 186 (1986), Carey v. Population Services Int’l, 431 U. S. 678 (1977)

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OA592: NYT’s ‘The Daily’ Botches SCOTUS Case Coverage

Andrew Seidel joins us to commiserate over both how much the Supreme Court is butchering State-Church Separation, and also how irresponsibly The Daily podcast covered the case involved. The NYT decided to devote an entire episode to a man who a Bush-appointed federal judge called out for being dishonest in his presentation of facts. Please yell at them with us, because this is garbage and we should expect better.

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OA591: Musk Buys Twitter, Part 2!

We continue the fascinating deep-dive into the NOT FINAL deal for Musk to buy Twitter. This part goes more into the financing and highlights even more ways the deal might not go through. Then, we’ve got some updates in key stories! Trump has been held in contempt! And briefs for the MTG case are due today.
Links: Musk Loses $32 Billion in Tesla Wealth, proxy statement (shareholders vote), TrumpContemptOrder4_26_22



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OA590: Musk Buys Twitter. The Deal Is Done. Or Is It?

The answer may surprise you! When it was announced that Elon Musk bought Twitter, I had a billion and one questions for Andrew about it. Andrew being Andrew, he commenced deep-diving and turned up a ton of interesting info about this deal and the legality around deals like this. And to his surprise… it’s FAR from a done deal! Listen in for the dive so deep that it actually will require a surprise bonus episode! This is part 1, part 2 will be out as soon as thomasly possible to edit and release it!

Links: Surely We Can Do Better Than Elon Musk, Elon, you have no idea what the hell you’re talking about, 15 US Code Chapter 2B – SECURITIES EXCHANGES, 17 CFR Part 240, 17 CFR § 243.100 – General rule regarding selective disclosure, 17 CFR § 243.101 – Definitions, Form 8-K, 17 CFR § 240.10b-5 – Employment of manipulative and deceptive devices, Basic, Inc. v. Levinson, 485 U.S. 224 (1988), Twitter’s 8k, material agreement with Musk

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