OA498: The Garland DoJ Coverage is Completely Wrong

This episode is exactly why this show exists. Two stories about Merrick Garland’s DoJ came out recently that gave the strong impression that Garland was defending Trump policies and even joining forces with religious bigots against LGBTQ rights. These stories are COMPLETELY misleading. As always with complicated legal stories, the truth faces a steep, uphill battle. Come along as Andrew explains why Garland is doing exactly what he should be, and would be doing even under a Bernie Sanders administration.
In the first segment, we discuss the Women’s Health Protection Act. Can it save us from the Supreme Court overturning Roe? Find out!
Links: Manchin abortion record, Murkowski abortion record, 28 US Code § 2679 Westfall Act, Barr’s first brief, E. Jean Carroll’s response, CAIR v. Ballenger, 444 F.3d 659 (2006), DOJ Updates Filing, 20 US Code § 1681, Attorney General’s Duty to Defend, The Indefensible Duty to Defend, Alliance defending freedom motion to intervene

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OA497: Christian Health Sharing Is a Scam

Andrew stumbled across a Marketwatch article that recommended a Christian Health Sharing company to save money on health insurance. Due to this being a complete scam, Andrew was sent on a Liam Neeson-esque crusade. Let’s just say he has a certain set of skills involving documents and research and deep-diving… Listen and find out why this is a scam, and why it still persists and is in fact being incentivized by our government! Yes the Biden one still! Whatever your belief system, PLEASE don’t let yourself or anyone you know be taken in by this scam!
Links: dumb Marketwatch article, Membership for Health Sharing Ministries Soars, Healthcare Sharing Ministries: Read the Fine Print, Buzzfeed coverage, Member Requirements, § 1501(d)(2)(B), 2016 IRS ruling, Trump EO 13877, 85 FR 35398, 26 CFR Part 1 – INCOME TAXES, NYT coverage

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OA496: Stanford Law Forgets How Law Works

First story on today’s show is the Chauvin motion for downward departure. The Judge said up to 30 years, Chauvin countered with “…how about a firm talking-to?” Andrew breaks down the (mostly terrible) arguments. Then, we talk about a conservative cancel culture story – a Stanford Law student put up an obviously satirical and hilarious flier roasting the Federalist Society and then was punished by the school. Listen for the details and some history on campus free speech!

Links: The First Amendment Encyclopedia, Campus Hate Speech Codes, California Education Code § 94367, Corry v. Stanford, Stanford Flyer, Fed Society Complaint

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OA495: Mr. Fish Goes to Washington

Today we have special guest Nick Fish, president of American Atheists! He recently attended a meeting with the White House Office of Faith-Based and Community Initiatives. Is this administration doing a better job representing the millions of non-believers in the country? Find out!
In the first segment, we discuss Mahanoy Area School District v. B.L., the free speech case you may have heard about on The Daily. Andrew gives us a more complete breakdown and offers a prediction as to how the ruling will go!
Links: Tinker v. Des Moines, Hazelwood Indep. School Dist. v. Kuhlmeier, Bethel School District No. 403 v. Fraser, BL v. Mahanoy Area Sch. Dist., 964 F.3d 170, Mahanoy Area School District v. BL oral arguments, Faith-Based and Neighborhood Partnerships EO

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OA494: Florida’s Pointless, Unconstitutional Social Media Law

I know I say this a lot but… this episode is action packed! So much good stuff to discuss that we had to squeeze in the Trump grand jury news into the announcements slot. Andrew breaks down what it means and what to expect. Then, a listener who actually worked on the NRA case wrote in to give us the final word on Sea Girt. But in our main segment, Andrew gives us the full breakdown on the asinine social media law Florida just passed. Eyes, look your last, because this thing is destined for the trash bin. Find out why! Then, we squeezed in a wildcard segment, if you can believe it. Did Alan Dershowitz win a defamation case against CNN? (no)
Links: NRA Annual Matches Move To Sea Girt In 1892, 28 US Code § 1408, FL social media law, 47 U.S. Code § 230, Dershowitz v. CNN Order on MTD

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OA493: Is Fox News Guilty of Defamation? We Report, You Decide!

Today Andrew breaks down Fox’s motion to dismiss the Dominion lawsuit. Dominion has mountains of evidence of defamation. Fox… disagREES. Find out how their defense holds up! We also talk about the surprisingly high number of delightful emails we got about Seagirt from Australians. And finally an Andrew was slightly wrong about some Asbestos bankruptcy stuff!
Links: Dominion complaint, Fox motion to dismiss, NY CPLR Rule 3211, Coomer Colorado lawsuit, Newsmax retraction, another Newsmax retraction, Newsmax Withdraws False Claims About 2020 Election, Powell motion to dismiss, Dominion response

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OA492: Court Locks Mississippi Citizens Out of Amending Their Own Constitution

This is not a misleading clickbait headline, this is literally what happened. Mississippi citizens passed a medical marijuana amendment and textualist conservative judges overruled it with a reading of the law so asinine that it rendered constitutional amendments by citizens impossible going forward. You have to hear the breakdown to even believe it. In the second segment, Andrew delivers some more real bad news out of the US Supreme Court. You likely heard about the abortion case, but Edwards v. Vannoy is a decision you didn’t hear about that does not bode well.

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OA491: Letitia James – Kicking Ass and Taking Names

And two of those names are: Jacob Wohl and the NRA! It’s a consequences show! While consequences might be an endangered species these days, Tish James shows us that species still has teeth. You may know Jacob Wohl as that right wing troll who absolutely should be in jail right now for any number of things, like fabricating blackmail material against Elizabeth Warren, for example. He’s in big trouble for yet another criminally awful plot. Then, Andrew breaks down the recent bankruptcy decision regarding the NRA, and why it’s bad news for them and good news for not them.
Links: KKK act v Wohl, court order denying stay, James motion to intervene Wohl, Wohl opposing intervention, OA410: NY AG Files to Dissolve the NRA!, Order dismissing NRA bankruptcy

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OA490: Chauvin Sentencing – Four Aggravating Factors

Big updates in the Derek Chauvin case! First, the judge found four aggravating factors. This is what Andrew predicted, but not exactly the same four! Also, one of the other officers in the case has filed a motion alleging witness coercion. We break down what this means, and how worried we should be.
In our first segment, we answer an excellent patron question about an old OA episode: What ever happened to the Arlene’s Flowers case? We discussed it back on OA180, and Andrew Seidel made a prediction that held up very well. Finally, apportionmentcalculator.com has been fixed, and a listener gives us great info about Census Blocks!
Links: Church of the Lukumi Babalu Aye v. City of Hialeah, Docket for 17-108, Arlene’s Flowers Remand, Thao motion, Federal indictments for all 4 cops, 18 U.S. Code § 242 – Deprivation of rights under color of law, Former Md. medical examiner’s testimony for Chauvin defense leads to call for review of past cases, MINNESOTA SENTENCING GUIDELINES, Aggravating factors filing

Appearances

None. Have us on!

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OA489: Transformers and Intellectual Property

Andrew is giggling like a school child right now as we present the deep-dive you didn’t know you needed! It’s transform…ing robots (not quite Transformers) and some really intricate IP law! It also involves Italian Trump!
Before that, we have a correction on trademarking numbers, and some mini-dive into an Ugg lawsuit!
Links: Ugg Lawsuit final order, 15 US Code § 1117 – Recovery for violation of rights, USD287037S – Changeable robot toy, 2003 Court Tokyo High Court Case, 2017 Arbitration, Macross Sequels and Films To Be Released Worldwide

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