OA431: Here’s How We Can Still Save the Census

The Trump administration was given a victory in the courts regarding the census. It’s absolutely bad news, but Andrew has a plan for that! Ok, ok, it was Elizabeth Warren’s plan, but Andrew breaks it down for us! It’s a one weird trick that actually will work, assuming that we win in November.
Before that, we’ve got yet another Mazars update. It’s going exactly how Andrew told us it would go, and that’s… not great but also not bad.

Links: Trump v Mazars application for stay, US v R Enterprises porn case again, Ross v. National Urban League, Warren’s Census plan, 13 US Code § 141 – Population and other census information, Mid-Decade Census, 2015 Census.

Appearances

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OA430: Amy Coney Barrett Is Terrible

Andrew watched the hearings so you don’t have to! What is super-precedent? And did ACB really rule that an employer using the n-word wasn’t hostile or racist? We’ve got the full breakdown! Before that, we have an excellent listener question on potential federal laws on things like Roe V Wade after the Handmaid’s Tale Court takes away reproductive rights

Links: McGahn petition, Article 1 sec 8, OA309 Stormy Daniels, CA v Texas, gov’t opposition, Sinclair George Mason Law Review Article, Richmond Medical Center v. Gilmore, Smith v Illinois Dep’t of Transportation, ACB questionnaire, 42 US Code § 2000e–2 – Unlawful employment practices.

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None. Invite us on your show!

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Transcript of OA428: Govt. Caught Lying for Flynn

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 428.  I’m Thomas, and that over there is the birthday boy! 

Andrew:         [Laughs]

Thomas:         Mr. Torrez, how’re you doing, sir?

Andrew:         I am doing fantastic!  Well, you know, a fly has settled in on me and is gonna live on my head for the balance of our recording, but other than that I’m doing great.

Thomas:         You’re the picture of vitality.

Andrew:         [Laughs]

Thomas:         You’re not a rotting corpse like some people I could name.

Andrew:         Oh, yeah.

Thomas:         It’s already played out.

Andrew:         I know.

Thomas:         It’s been 12 hours, every fly joke and meme and Twitter account has been made, but still it’s funny.  I’m with you, it’s still funny.

Andrew:         Yeah.

Thomas:         But happy birthday!

Andrew:         Well thank you!

Continue reading “Transcript of OA428: Govt. Caught Lying for Flynn”

OA429: This Court Will End Marriage Equality

As we say often… there’s no sugar coating this one. Alito and Thomas shouted their pathetic homophobia from the bench in a concurrence recently. What was the ruling, you ask? No ruling. It was a concurrence on a denial of cert for a case involving – wait for it – Kim Davis. Yes, that Kim Davis. The case was so stupid that not even Alito and Thomas could get behind it, but they went out of their way to yell the quiet part as loudly as they could. Andrew has the full breakdown of what happened. Oh, uh, apropos of nothing… WE NEED TO WIN THE PRESIDENCY AND THE SENATE BACK.

In happier news, Naomi Andrews is here to tell us all about the Access for All Conference Andrew will be speaking in! (Use code: openargs)

Links: Obergefell, Kim Davis’s Idiot Case, Zablocki v. Redhail (1978).

Appearances

None. Invite us on your show!

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OA428: Govt. Caught Lying for Flynn

The government has been caught doing some really absurd things to the benefit of Michael Flynn, including sneaking in post-it notes and lying on Brady material. Andrew’s got the full breakdown for us. After that, we talk about Trump losing again in court in Trump v. Vance!

Links: Access for All Conference, code: openargs, Whitmer kidnapping complaint, Goelman and gov lying on notes, more lying on McCabe, sticky notes, lying on Brady material, exhibit, yes tweets are official, DC cir en banc ruling, Trump v. Vance 2nd cir, Mazar’s briefing schedule, US v R Enterprises.

Appearances

None. Invite us on your show!

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA427: Roe is Doomed, Contraceptives Next? Your Guide to Amy Coney Barrett

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 427.  I am Thomas, that is Andrew.  How’re you doing, Andrew?

Andrew:         I am fantastic, Thomas, how are you?

Thomas:         [Sighs] Just, I mean so – I’m … what timeline are we in?  I’m really happy about the Q&A we did right now, essentially.  [Laughs]

Andrew:         Indeed, yeah! 

Thomas:         I hope you enjoy-

Andrew:         There’s no better time than simultaneously.

Thomas:         Yeah, the live Q&A for patrons, it’s coming up on Monday, 4:30 Pacific/ 7:30 Eastern.  For normies it just happened, I hope you all came.  I bet it was great.  Other than that, I’m great.  How’re you doing?  Fantastic, as usual?

Andrew:         Yeah, as always!

Thomas:         Awesome.  We have so much more that we didn’t even get to last episode.  It’s just there’s too much, Andrew.  There’s too much news at all times.  Let’s see what we can do today!

Andrew:         Yeah!  [Laughs]

Thomas:         [Laughs]

Andrew:         I need an army of assistants, I’m telling you.

Continue reading “Transcript of OA427: Roe is Doomed, Contraceptives Next? Your Guide to Amy Coney Barrett”

OA427: Roe is Doomed, Contraceptives Next? Your Guide to Amy Coney Barrett

No matter how many Republicans get COVID, McConnell will still find a way to confirm his new justice. So, Andrew has a signature deep dive on Barrett’s most significant cases. The news, as always, isn’t good.

Links: ACB Questionnaire, ACBarrett supported group that said life begins at fertilization, Doe v. Purdue, Understanding Judge Barrett’s Opinion in Doe v. Purdue, Rainsberger v. Benner, 913 F.3d 640 (2019), Grussgott v. Milwaukee Jewish Day School, 882 F.3d 655 (7th Cir. 2018), Wallace v. Grubhub, 970 F.3d 798 (7th Cir. 2020), AF Moore & Associates v. Pappas, 948 F.3d 889 (7th Cir. 2020), Casillas v. Madison Ave Assocs Inc., 926 F.3d 329 (2019), EEOC v. Costco, 903 F.3d 618 (7th Cir 2018).

Appearances

None. Invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA426: Breonna Updates; Trump’s Outrageous Tax Returns

We’re still mad about Breonna Taylor’s killing, and you should be too. A juror has come forward to say that the AG misrepresented the deliberations. We’re like to get the tapes soon, but as of now we don’t have them. We clarify and expand on a few things from our previous Breonna episode. Andrew also does a mini dive on the disproportionate racial breakdown of our prison population.

In our main story, we talk about the blockbuster story by the NYT on Trump’s tax returns. Andrew answers whether the NYT is in any legal trouble for the article, and we go into the horrifying contents of Trump’s returns.

Links: Breonna’s family’s civil suit, BOP Statistics: Inmate Race, Gap between number of blacks, whites in prison narrows, Imprisonment rate of black Americans fell by a third from 2006 to 2018, How to reduce the federal prison population, Trends in US Corrections, Immigration sends more people to federal prison, 21 US Code § 841, OA45: What Could Donald Trump’s Tax Returns Tell Us?, OA46: What Could Donald Trump’s Tax Returns Tell Us? part 2, Trump Paid $750 in Federal Income Taxes in 2017, 1st Presidential Debate Transcript 2020, trump public disclosure 1, 2, 26 US Code § 172 – Net operating loss deduction, 2017 tax bill, NYT v. US, Bartnicki v. Vopper (2001), OA200: Reporters and Confidential Sources, OA201: Follow Up Friday!, The BALCO reporters shielded a lying lawyer. They are no heroes., Absentee and Mail Voting Policies in Effect for the 2020 Election.

Appearances

None. Invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA425: ‘The Election That Could Break America’ ???

Let’s talk about that Atlantic article that has really been scaring people. Andrew brings us his signature deep-dive, and why he’s slightly optimistic that the fears in the article won’t ultimately be borne out.

Up first, we preview a topic for another time, this really interesting lawsuit against Facebook regarding the Rittenhouse shootings.

Links: Trump will see what happens, Presidential Emergency Action Documents, OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!, 19-465 Chiafalo v. Washington (07-06-2020), Faithless Elector State Laws, Trump’s Upcoming Refusal to Leave Office: The Good News, Trump’s Upcoming Refusal to Leave Office: The Very Bad News, Vox Will Trump leave office if defeated?, law review: preparing for a disputed election, 3 U.S. Code § 2 – Failure to make choice on prescribed day, 3 U.S. Code § 5 – Determination of controversy as to appointment of electors, 3 US Code § 15 – Counting electoral votes in Congress, Atlantic The Terrifying Inadequacy of American Election Law, Bush v. Gore.

Appearances

None. Invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

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-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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OA424: No Charges for Breonna’s Killer

The law worked… how it’s designed to work. Andrew gives us the breakdown on what happened, and what didn’t happen.

After that, Andrew has the deepest of dives on Amy Coney Barrett, the odds-on favorite to be the next fundamentalist Justice on the Supreme Court.

Links: Your homework for next episode What If Trump Refuses to Concede?, Hankison indictment, Kentucky Penal Code § 508.060, 431.073 Certain felony convictions may be vacated, Coney Barrett cult People of Praise, Catholic Judges in Capital Cases, Transcript: JFK’s Speech on His Religion, Kanter v. Barr Addition Coney Barrett stuff: US Equal Emp’t Opportunity Comm’n v. AutoZone, Inc., 860 F.3d 564, EEOC v. AutoZone, Incorporated – CourtListener.com, Schmidt v. Foster, 891 F.3d 302.

Appearances

None. Invite us on your show!

-Support us on Patreon at: patreon.com/law

Subscribe to the YouTube Channel and share our videos!

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!



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