OA434: Kavanaugh’s Crooked Concurrence

Kavanaugh, in a disgrace of an opinion, just signaled that he and enough of his fellow hack justices are willing and able to hand a disputed election to Trump. Andrew has the full breakdown, and what we can do to stop it. But that last part is very obvious: vote vote vote vote vote vote vote vote.

IT IS NOW TOO LATE TO MAIL IN YOUR BALLOT. So in the first segment, we go over every which way you still are able to vote even if you’ve got a mail-in ballot you have yet to drop in the mailbox.

Links: Even Fox News says results won’t be know on election night, I Will Vote.com, Slate – Naked ballots, signature mismatch, and other pitfalls to avoid when voting by mail, NYT How Long Will Vote Counting Take? Estimates and Deadlines in All 50 States, Wisconsin §6.86(6), OA425: ‘The Election That Could Break America’ ???, Trump’s Upcoming Refusal to Leave Office: The Very Bad News, Preparing for a Disputed Presidential Election, Supreme Court 2020 Opinions not up currently for some reason, How to Accommodate a Massive Surge in Absentee Voting, Lawfare blog Reducing One Source of a Potential Election Meltdown, North Carolina Injunctive Relief Denied.

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OA433: Google Antitrust and Purdue Pharma Plea

It’s a Tr*** free day here at OA! Not even one mention of that entity. It’s all about some major stories in the law. Google has been sued by the DoJ and a number of individual states for unlawfully maintaining monopolies for search services. And Purdue Pharma has reached a plea agreement involving billions of dollars. One of these is good and the other… isn’t… Listen to the Andrew Torrez Mr. Fantastic Signature Breakdown to found out!

Links: Google Complaint, 15 US Code § 2 – Monopolizing trade a felony, Purdue Pharma plea deal

Appearances

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OA432: Trump Accidentally Declassifies Russia Docs?!

In a steroid-induced haze, Trump may have inadvertently declassified all Russia documents by Tweeting: “I have fully authorized the total Declassification of any & all documents pertaining to the single greatest political CRIME in American History, the Russia Hoax. Likewise, the Hillary Clinton Email Scandal. No redactions!” BuzzFeed News jumped on the opportunity and took Trump to court. Andrew has the full break down!

Before that, we talk about updates in the E. Jean Carroll case. That case centers around the (for some reason) difficult question of whether or not slandering your own sexual assault victim is somehow within your job duties as President.

Links: OA420: DoJ Defending Trump in Carroll Case?, Carroll’s opposition, Trump reply, Oral argument scheduled for 10/21, BuzzFeed v DoJ, Leopold Reply, ACB responses to QFR, Senate Rule III, Pennsylvania decision, Alabama decision

Appearances

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

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

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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.

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

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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!

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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!

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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!

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Subscribe to the YouTube Channel and share our videos!

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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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