OA374: The Light at the End of the Tunnel

Today’s episode covers a number of stories that might be bad news for now, but each one, we think there’s a reason to be optimistic beneath the surface. We also make sure we’re holding Idaho’s feet to the fire for the anti-trans bills that state tried to sneak past the radar this week, and we tell you the fate of states that have tried to restrict access to abortion using COVID-19 as pretext.

We begin with a survey of the landscape including the states that haven’t issued stay-at-home orders. There’s an interesting commonality among these states’ governors; can you figure it out??

Then, it’s time for our main segment which is a deep dive into Idaho HB 509 that attempts to prevent trans people from changing their gender on their birth certificate. The bill is horrible, bigoted, and mean… and yet why are we optimistic? You’ll have to listen and find out!

After all that, it’s time to take a look at the six states that have attempted to restrict access to abortion services during COVID-19 and examine the latest rulings by the Fifth Circuit. Why isn’t it as bad as you’ve heard? We tell you exactly why.

We conclude, as always, with a brand-new #T3BE featuring a civ pro question that involves res judicata — a concept so convoluted, courts often screw it up. Will Thomas get it right? Listen and find out!

Patreon Bonuses

There’s still so much right now! If you’re a Patron, you can submit proposed new intro quotes for the show, and you can also listen to the audio from March’s LIVE Q&A! Oh, and if you missed it, you can also enjoy Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides!

Appearances

Andrew was just a guest on the Daily Beans Podcast, talking megapastors flaunting the law. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. You should read F.V. v. Barron, the Idaho case we discussed at length, as well as the current Idaho rules regarding birth certificate changes. You can also check out the WPATH Standards of Care document.
  2. This is the 5th Circuit’s order on abortion.

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

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

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



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Transcript of OA371: Your COVID-19 Questions, Continued!

Listen to the episode and read the show note

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 371.  Coming at you early for patrons, how’s it going, everybody?  How’s it going, Andrew?

Andrew:         Just as fantastic as two minutes ago, although the creeping coronavirus in my throat – I’m not joking that, you know that.  I just realized our listeners probably know this, I seriously am sick.

Thomas:         Yeah.

Andrew:         But I’m fantastic for doing the show, I’m super happy to be here and I can’t way to knock out a bunch more coronavirus questions.

Thomas:         [Laughs] Yeah, a bunch more than the one we got?  No, sub-questions count!

Andrew:         Eh there were lots of sub-questions on that.

Continue reading “Transcript of OA371: Your COVID-19 Questions, Continued!”

Transcript of OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 370.  If we sound any different that’s your imagination, because we always record in quarantine!

Andrew:         [Laughs]

Thomas:         We have to change exactly nothing about the method of recording, just the amount of kids that are around.  How’s it going?

Andrew:         [Laughs] It’s going fantastic, Thomas!  I mean, I’m definitely 100% sick but I feel like I’ve gotta stay committed that bit.

Thomas:         Signature optimism!  You literally have the coronavirus right now-

Andrew:         Oh yeah.

Thomas:         -and the world is melting down and Andrew’s like “I’m great!”  Doing great!

Andrew:         Yeah.  I just love doing the show, what can I say?

Continue reading “Transcript of OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!”

OA373: The Happy Show!

Idiotic legal pleadings, sports law, and some news debunking… what could be happier?

Appearances

None! If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

-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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OA372: The CARES Act, COVID-19, and Your $1,200 Check

Today’s episode breaks down the three main provisions of the just-passed CARES Act in terms of (1) additional unemployment benefits, (2) tax relief in the form of advance $1,200 “rebate” checks to taxpayers, and (3) the $500 billion “slush fund” for corporate giveaways. While there’s more in this 880-page monstrosity, we break down the key parts for you!

We begin, however, with some good news about the impending retirement of Ohio Rep., Trump-supporting lunatic, and soon-to-be-White House Chief of Staff Mark Meadows. Does this violate the Ineligibility Clause of the Constitution? YOU BETCHA. Is it #ClearAsKushner? YEP! And this time, does it matter? YES IT DOES!

After that it’s time for a full breakdown of the main components of the CARES Act, including how much money you’ll be getting and when, what the costs are, and what the provisions are that can come into play to prevent all of this from winding up in Jared Kushner’s pocket. You won’t want to miss it!

After all that, it’s time for a quick segment on IRS Form W-7, which allows you to pay your taxes if you’re a nonresident alien.

Patreon Bonuses

There’s so much right now! If you’re a Patron, you can submit your questions for next Tuesday’s LIVE Q&A scheduled for 3/31 at 8 pm Eastern / 5 pm Pacific, and you can also enjoy Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides!

Appearances

Andrew was just a guest on the Daily Beans Podcast, talking President Leahy. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. On the Ineligibility Clause: check out Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974) (restricting taxpayer and citizen standing) and Metropolitan Washington Airports Authority et al. v. Citizens For The Abatement Of Aircraft Noise, Inc., et al., 501 U.S. 252 (1991) (invalidating Congressional action pursuant to the Ineligiblity Clause).
  2. You can read the final CARES ACT for yourself, all 880 pages of it!
  3. Please do fill out IRS Form W-7 if it applies to you.

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

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

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



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OA371: Your COVID-19 Questions, Continued!

Today’s episode is the second half of our double-length episode in which we tackle your questions about the coronavirus and the law. If you haven’t listened to Episode 370 (Part 1) first, go check that out!

We tackle:

  • The extent of federal and state powers during emergencies, including the National Emergency Act, 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264;
  • And we contrasted that with state powers, such as 2018 Maryland Code, Public Safety Art., Title 14, Article 3.
  • Whether the House of Representatives has to vote in chamber, or whether they can use technology;
  • Whether restrictions on gatherings violate the First Amendment;
  • Whether you can be charged with a crime for spreading coronavirus;

And much, much more!

No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure!

Patreon Bonuses

If you’re at the $2 level or above, we have an amazing new Law’d Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson!

Appearances

None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. As an overview to states of emergency, we began with Ex parte Milligan (1866).
  2. Federal powers: 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264; the federal government has enumerated powers as per the 10th Amendment.
  3. Check out the Rules of the House of Representatives.
  4. On time, place & manner we cited Ward v. Rock Against Racism, 491 U.S. 781 (1989).

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

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

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



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OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!

Today’s episode begins with a discussion of the recent dismissal of charges by the Department of Justice against Concord Management & Consulting, LLC (and Concord Catering) with prejudice. Is this another example of Attorney General Bill Barr’s meddling? We explain that it… probably… isn’t. Probably.

After that, it’s time for the first part of a double-length episode in which we tackle your questions about the coronavirus and the law. First up are all the questions involving elections, including whether and how Trump can suspend or eliminate the election, and what would happen if he did. If you’ve always wanted Vermont Senator Pat Leahy to be President, well, this is the episode for you!

No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure!

Patreon Bonuses

If you’re at the $2 level or above, we have an amazing new Law’d Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson!

Appearances

None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. On Concord Management: you can check out the 2019 Motion alleging that Concord was abusing the discovery process as well as the 3/16/20 motion to dismiss.
  2. As an overview to states of emergency, we began with Ex parte Milligan (1866).
  3. On primaries: Check out the Ohio Supreme Court’s denial of the writ of mandamus to hold the March 16 primary, as well as the lawsuit filed by the Ohio Democratic Party. Oh, and if you want to be depressed, read Nixon v. Herndon, 273 U.S. 536 (1927).
  4. Election statutes: 2 U.S.C. §§ 1, 7 (“Time of Election”) and 3 U.S.C. §§ 1 et seq. And of course, don’t forget Bush v. Gore, 531 U.S. 98 (2000), which we broke down way back in Episodes 3, 4, and 5 of the show!
  5. Presidential succession is governed, inter alia, by the 20th Amendment and the Presidential Succession Act, 3 U.S.C. § 19, and the Speaker of the House is required by Art. I, Section 2 of the Constitution and implemented by the House Rules.
  6. Pat Leahy as President was first proposed by journalist Ian Millhiser.

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

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

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



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OA369: Humanist Invocations & LED ZEPPELIN

Today’s episode features two deep dives: first, we have an interview with David Williamson of the Central Florida Freethought Community to discuss their successful (!) five-year lawsuit to permit humanist, atheist & non-clergy invocations before the Brevard County council meetings. Find out how this case developed and learn some strategies for successful grass-roots activism even in the age of Trump!

We also take one more deep dive into the amazing Spirit/Led Zeppelin lawsuit, this time taking a look at the recent en banc decision by the full 9th Circuit that reverses the earlier panel opinion (and is a win for Led Zep). The 9th Circuit has some interesting things to say about the “inverse ratio” rule that really brings out discussion from the past two weeks (see episodes 365 and 367). We know you’ll enjoy it!

After that, it’s time for the answer to #T3BE 170, which matched Thomas up against the dreaded REAL PROPERTY QUESTION. Can he slay the beast? Listen and find out!

Patreon Bonuses

If you’re a patron at any level, you can ask a coronavirus question to be answered on the next two episodes, and if you’re at the $2 level or above, we have an amazing new Law’d Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed!

Appearances

None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Check out the Central Florida Freethought Community
  2. We first took a “Stairway to the Supreme Court (?)” back in Episode 236 and then did a follow-up in Episode 288. Of course, we also covered Riehl and Rubin’s project in Episode 365 (“Every Melody Ever, Part 1”) and interviewed Riehl and Rubin themselves in Episode 367.
  3. Finally, you can read the recent en banc decision by the full 9th Circuit for yourself.

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

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

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



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OA368: Your Guide to the Coronavirus, Part 2

Today’s episode continues our discussion from Episode 366 on the political, criminal, and civil legal issues surrounding coronavirus and COVID-19 in the United States, including whether the CDC has the authority to waive the fees associated with testing for the virus (they do!) and how this is going to affect civil society (badly). You won’t want to miss it — and you’ll be stuck inside your house anyway, so you’ll have all the time in the world to listen!

We begin, however, with some nuance regarding An Andrew Was Right, the line of Presidential succession, the 12th and 22nd Amendments, and whether Barack Obama can be Joe Biden’s Vice-President. Learn that… apparently there’s an argument that he could?

After that, it’s time for the main segment, which covers COVID-19 and the coronavirus, specifically (a) Rep. Katie Porter’s amazing cross-examination of the CDC Director and the legal authority; (b) lawsuits against con artists like Jim Bakker and Alex Jones; (c) Congress’s response; (d) more on private lawsuits and the specific example of SXSW; and (e) a really interesting question about jury duty and the future of jury trials.

After all that, it’s time for a dreaded REAL PROPERTY #T3BE. Can you get it right? Just share out this episode on social media, include the hashtag #T3BE, your guess, and your reasons therefor and we will shower the winner with… well, you know.

Appearances

Andrew was just a guest speaker at Houston OASIS, and we’ll be working to bring you the audio of his speech from that event. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. In the “A” segment on Presidential succession, we referenced this law review article from Peabody & Gant.
  2. Check out the video of Katie Porter’s blistering cross-examination of the CDC Director as well as the text of 42 CFR § 71.30.
  3. And, of course, you’ll want to listen to our original coverage back in Episode 366.

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

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

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



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OA367: Interview with the “All the Music” Creators!

Today’s episode is a continuation of Part 1, in which we discuss Damien Riehl and Noah Rubin’s “All the Music” project and the history and future of music copyright. We’ve got a special treat for you in that Damien and Noah are both on the show to answer our (tough!) questions. You won’t want to miss this fun discussion!

We begin, however, with a listener question/comment about attending law school and balancing costs, risks, and budgets that many of our listeners will undoubtedly find timely.

Then it’s time to bring on Damien Riehl and Noah Rubin for a fascinating deep dive into the mechanics, the law, and the public policy behind their “All the Music” project. Where should our sympathies lie? What changes to copyright law would better benefit music creators? How do Riehl and Rubin see the fundamental issues in music copyright? You won’t want to miss this!

After the interview, it’s time for the answer to #T3BE 169 involving a tainted witness identification and the permissibility of eliciting testimony in court. Can Thomas start a new winning streak?? Listen and find out!

Appearances

Andrew was just a guest speaker at Houston OASIS, and we’ll be working to bring you the audio of his speech from that event. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Our basics on music and copyright were covered in Episode 236 and then with a follow-up in Episode 288. Of course, we also covered Riehl and Rubin’s project in Episode 365 (“Every Melody Ever, Part 1”).
  2. For (some of) the details on Riehl and Rubin’s project, check out Riehl’s fascinating TEDx talk.

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

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

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



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