Transcript of OA467: Demolishing the Electoral College, with Lawrence Lessig

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 467.  I’m Thomas, that’s Andrew, how’re you doing Andrew?

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

Thomas:         I’m really good.  I’m comin’ off, you know-

Andrew:         [Laughs]

Thomas:         -an amazing episode that we did last Friday.  That was super cool, and we’ve got a really cool interview today.  We’re gonna be talking to Lawrence Lessig about, you know, getting rid of the electoral college, which is something that I’m pretty sure a very high percentage of our listeners would like to get rid of.  Probably in the 99s, percentage wise.

Andrew:         [Laughs] We may have some nostalgia fans.

Thomas:         Yeah.

Andrew:         We’ve got the hate listeners, we’ve got Uncle Frank, we’ve got that one guy that wanted to keep coming on promoting James Lindsey’s book.

Thomas:         [Laughs]

Andrew:         But [Laughing] other than that!  [Laughs]

Thomas:         Yeah.  Plus, there have been some people who are genuinely misinformed about this stuff.  They have an instinct for institutions, they have, you know, they don’t want to get rid of – they might have a certain fondness in their hearts for like, well, we shouldn’t get rid of these certain institutions that have been around, blah blah blah.  But when you look at the facts, this is not something that was intended by the Founders, even.  This is not something that is some age-old beloved thing with a time-honored tradition that makes sense, it’s a mess.

Andrew:         Yeah.  What I love about Professor Lessig is, I mean, he is out there actually litigating these issues, doing something about it.

Thomas:         Yeah.

Andrew:         Not just saying “hey – not just us.

Thomas:         Yeah, that’s what I’m doing!  [Laughs]

Andrew:         Hey it’d be really cool!  Yeah, me too!  To have a constitutional convention, but thinking okay, if we’re stuck with this system what are the things we can do to kneecap it?  I love – I can’t wait until we get a chance to talk to him.

Thomas:         Well, you’re in luck because we’re gonna hop on over right now-

Andrew:         Woo!

Thomas:         -and talk to Professor Lawrence Lessig.

Continue reading “Transcript of OA467: Demolishing the Electoral College, with Lawrence Lessig”

OA468: SCOTUS News! Trump’s Taxes, Affirmative Action, and Title X

Normally we’re bracing ourselves every time there’s SCOTUS news, but this time there’s actually some good! Cy Vance HAS TRUMP’S TAX RETURNS. Ok that’s pretty much the end of the unambiguously good news. But listen in as Andrew gives us the expert analysis on the anti-affirmative action case and the Title X case!

Before that, we talk about what elections actually would have looked like under Lessig’s proportional system from last episode. The results are very fascinating! Yay spreadsheets! We finish off with a quick answer to the question, “could the Senate have voted anonymously on impeachment?”

Links: 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest, BBC Facebook v Australia: Who blinked first?, Daily Kos How minority rule plagues Senate, Andrew’s Spreadsheet, CNN Trump’s tax returns turned over to Manhattan district attorney, Mayor v. Azar, 973 F.3d 258, California v. Azar, 950 F.3d 1067, 42 US Code § 18114 – Access to therapies

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OA467: Demolishing the Electoral College, with Lawrence Lessig

Harvard Law Professor and activist Lawrence Lessig joins us to talk about his ongoing efforts to get rid of the Electoral College. It’s a war being fought on multiple fronts, but Professor Lessig’s current effort is to force states to assign delegates proportionally. The all or nothing system we have now is not actually written into the Constitution. Listen in for the full breakdown!

Links: Rodriguez v. Newsom cert petition, Baten v. McMaster, 967 F.3d 345

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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OA466: Opening Arguments Blocked in Australia?!

Why is the OA Facebook page blocked in Australia? Well, it’s not just us, it’s every news page! We’ve got the deep dive into why Facebook is blocking us and why Google isn’t, even though they were targeted by the same law.
Before that, we take a look at a truly terrible bill out of South Carolina that is going to be model legislation in a post-Roe America. It’s every bit as anti-choice as you think and then some. Finally, a look at an absurd and pathetic attempt by Georgia Republicans to shield Trump from likely indictment by amending the constitution!

Texas Resources: Warming Centers – TDEM, Warming centers in Texas: How to find them, get help and help others, Live Doc with resources, TEXAS WEATHER CRISIS ASSISTANCE
Links: Overview of Fetal Development, Abortion Policy in the Absence of Roe, AUS Digital Platforms Inquiry rpt, News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 – Parliament of Australia, News Corp and Google Agree To Global Partnership, Changes to Sharing and Viewing News on Facebook in Australia, Georgia General Assembly – SR 100, 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest

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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OA465: The Fight to Unionize at Amazon

Today’s show is a fascinating deep-dive into one Amazon facility’s efforts to unionize, and the implications it has on the entire company! After that, we have an update on the Senate power sharing agreement. Committee assignments galore!

Links: Amazon workers begin voting in landmark US union push, Amazon Workers in Delaware Reject Union Effort, Amazon has avoided unions for 25 years, Amazon 18-month non-competes, Amazon’s Secret Program to Spy On Workers, Amazon training videos coach Whole Foods staff on how to discourage unions, Amazon: ‘They Work You to Death’, Amazon NLRB Case, National Labor Relations Act, 29 U.S.C. §§ 151 et seq, Signed RC petition, Amazon response, Amazon has lost its bid to delay Alabama union vote, NLRB petitions report, Res 27 power sharing, 2001 version S. RES. 8

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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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OA464: Impeachment 2 Secret of the Ooze

In case you missed it, our 45th president led a violent insurrection about a month ago and now it’s up to Democrats to convince a bunch of Republicans… who were there… that it happened. Andrew is here to break it all down for us!

Also, some other criminal president updates as the Georgia Sec of State opens an investigation into Trump’s election meddling there.

Links: NYT Georgia Officials Review Trump’s Phone Call to Raffensperger, Georgia Prosecutors Open Criminal Inquiry Into Trump’s Efforts to Subvert Election, DA Preservation letters, Christine Resigns, impeachment schedule, Res 47 Adopted 2/9, Donald Trump Speech “Save America” Rally Transcript January 6, 18 US Code Chapter 102 – RIOTS

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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OA463: Why Cases Against Robinhood Will Fail

Ace Associate Morgan Stringer is here to throw some cold water on the cases against Robinhood in the GameStop fiasco. Why are they doomed? Find out!

Before that we cover a grab bag of good news items including the DOJ dropping the Yale lawsuit, federal student debt cancelation, and Virginia abolishing the death penalty. Are you tired of positivity yet?

Links: OA219: Harvard and Affirmative Action, Warren and Schumer Resolution, 20 US Code § 1082, Virginia Senate passes death penalty abolition bill

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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OA462: Rittenhouse Team Commits Perjury; DC Statehood and Impeachment!

This is a jam-packed, extra-length show that covers as many of the pressing stories in the news that we could cover!

We begin with the breaking news that Kyle Rittenhouse’s lawyers perjured themselves by filing a fraudulent address in defiance of a court order; we tell you why that’s bad and what’s next for the domestic terrorist.

After that, it’s time for a lengthy breakdown of the DC Statehood Bill, including a discussion of the potential future legal challenges (and solutions!) as well as the timing for when we can expect 2 new Senators to be seated!

Then, it’s time to break down former President Trump’s (laughably bad) response to the Article of Impeachment. Phew!

Links

  1. You can check out Rittenhouse’s brief in opposition to the bond increase.
  2. Here is the full text of the DC Statehood Bill introduced by Tom Carper.
  3. You will not believe how bad the lawyering is in former President Trump’s (laughably bad) response to the Article of Impeachment, and you can also read the Inquirer article on Trump’s new lawyer, Bruce Castor, who seems like a real peach.

Appearances

None, have us on!

-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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OA461: SO MUCH WINNING!

Today’s episode focuses on two major victories that many on our side have maybe been afraid of cheering on — first, the agreement between Chuck Schumer and Mitch McConnell on a power-sharing arrangement that will enable legislation to come out of equally-divided Senate committees, and second, the impeachment vote of 55-45 that the Senate has jurisdiction over Trump’s impeachment. We’ll tell you why these are real victories worth celebrating and break down some Senate Rules while we’re at it!

Then, we have an inspiring interview with Ruben Amaya, a 19-year-old running for the Maryland House of Delegates.

Links

  1. Yes, we’re aware of the Latinos for Trump lawsuit; it’s crazy and hilarious and we’ll be covering it in some way, we promise!
  2. On the Senate rules: (a) go read Rules XXV, XXVI 7(a)(3), or any other rule for yourself; (b) check out the 2001 plan (S.R. 8); and then (c) read this CRS report explaining “filling up the amendment tree.”
  3. On impeachment, you’ll want to read Brian Kalt’s seminal 2001 Law Review article.
  4. Finally, if you’d like to check out Ruben Amaya’s campaign, head on over to his website at rubenamaya.org!

Appearances

None, have us on!

-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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OA460: Did the Courts Really “Refuse to Hear Trump’s Evidence” of Voter Fraud? (No.)

We’re very proud of this show, in which you can sit down your Uncle Frank who’s repeating the kind of nonsense Rand Paul spouted this weekend — that “all the court cases just dismissed Trump’s lawsuits on standing and never evaluated the evidence” — and show that it is an out-and-out lie. It’s not true. And we think even Uncle Frank will have to reluctantly concede that by the end of the episode.

Links:

  1. This is the terrible Gateway Pundit article by Joe Hoft whose claims we thoroughly debunk. Please don’t click on it. Please do feel free to click on the polling averages at 538 or Gallup which show that the “wildly popular” President Trump averaged a 41% approval rating.
  2. This is the main spreadsheet Hoft relies on for his “81 cases.”

Cases (from the spreadsheet):

  1. Trump v. Boockvar, 20-00966 (W.D. Pa.): You can check out the CLOSED DOCKET with 574 entries, and then read the 138-page opinion clearly addressing the merits of Trump’s voting arguments.
  2. Trump v. Way, 3:20-cv-10753-MAS-ZNQ (D.N.J.): Check out the CLOSED DOCKET.
  3. In re Canvassing Observation No. 7003 (Penn. Ct. Common Pleas.) — here’s the state court ruling on sneezing;
  4. In re Canvassing Observation, No. 1094 CD 2020 (Penn. Comm. Ct.) — and yes, that’s the same case on appeal — and here’s the only Trump win;
  5. Trump v. Boockvar, 20-02078 (M.D.Pa.): This is the 11/21 opinion addressing the merits of Trump’s efforts to throw out the entire state’s vote.
  6. In re Canvass of Absentee and Mail-in Ballots (Pa. state consolidated cases): Here’s the ruling from the Pennsylvania Supreme Court that “no fraud or irregularity has been alleged.”
  7. Trump v. Boockvar, 20-3371 (3d Cir); here’s the docket showing that this appeal was closed on Nov. 27, 2020; and also
  8. Here’s the Order dismissing out other shenanigans. The case is closed!
  9. Trump v. Biden, No. 2020CV007092 (Wis. Super. Ct.) — this was Trump’s challenge to the recount in Milwaukee and Madison; and here’s the proof that the docket was closed.
  10. Trump v. Biden, No. 2020AP2038 (Wis.) — you can read the Wisconsin Supreme Court’s 82-page consolidated appeal addressing the merits of Trump’s voter fraud claims.
  11. Trump v. Toulouse Oliver, No. 20-01289 (N.M.) — you can read Trump’s motion to dismiss his own First Amended Complaint.
  12. Trump v. Boockvar – you can read Trump’s cert petition in the Pennsylvania consolidated cases, and view the Supreme Court’s summary rejection of Trump’s motion to expedite.
  13. Finally, Trump v. Biden — you can also read Trump’s cert petition in the Wisconsin case, and the Supreme Court’s similar summary denial of Trump’s motion to expedite.
  14. And that’s it!

Appearances

None, have us on!

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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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