OA380: This Week at the Supreme Court

Today’s episode breaks down two significant Supreme Court decisions released this week, including Barton v. Barr (involving immigration) and Ramos v. Louisiana (involving unanimous jury verdicts). We break down each one and explain the short- and long-term implications.

First, though, it’s time for a bit of Andrew Was Right and Andrew Was Wrong. The good news: Texas has changed its Executive Order formerly prohibiting abortions and has now affirmed in open court that it will not use the COVID-19 pandemic as pretext for denying reproductive health rights! Best of all, this is exactly the result we’ve been telling you would happen over the past few weeks — even though it took us a bit to get there. But also Andrew Was Wrong? Yeah, Andrew also has a correction to issue regarding lifetime judicial appointments in Episode 378.

Then, it’s time for the main segment in which we break down the Supreme Court’s completely predicable — and utterly unjustifiable — 5-4 decision in Barton v. Barr to restrict the remedies available to legal aliens to challenge removal decisions. Find out why Neil Gorsuch openly admits that the interpretation he votes for makes no sense, textually. (Hint: it’s because these justices don’t care about jurisprudence, just about outcomes.)

After that, we tackle a second key Supreme Court decision that came out this week, Ramos v. Louisiana, in which the Court ruled that the Sixth Amendment right to a unanimous jury was incorporated to the states. Find out why this case presents a “stare decisis trap” for the Court’s liberal justices and how that explains this unique 6-3 alignment with Roberts, Alito, and Sotomayor in dissent (!)

Then, of course, it’s time for an all-new Thomas (and Devin) Take the Bar Exam, in which we preview next week’s special guest and they try and break down a criminal question about football. You won’t want to miss it!

Patreon Bonuses

Our next LIVE Q&A is scheduled for Friday, May 1, at 8 pm Eastern / 5 pm Pacific, and you can post and vote on which questions you want to see answered! And don’t forget that we’ve released Law’d Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast!

Appearances

Andrew was just a guest on Episode 375 of the Scathing Atheist, breaking down the latest legal nonsense from Kansas. 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. For a sneak peek at next week’s guest, check out the Legal Eagle YouTube channel.
  2. Click here to read the Court’s decisions in Barton v. Barr (involving immigration) and Ramos v. Louisiana (involving unanimous jury verdicts).
  3. In the A segment, we discuss the hilariously-secretive announcement of GA-15, the text of GA-15 itself, and quote extensively from the reply brief filed by Texas in Judge Yeakel’s court (W.D. Tex.).
  4. Our previous immigration discussions were in Episodes 301 and 314. We talked about how subsection d(1)(B) was buried on page 596 of the 750-page Omnibus Consolidated Appropriations Act of 1997, and also broke down the text of both 8 U.S.C. § 1229b and 8 U.S.C. § 1282.
  5. Finally, please read this amazing piece by Linda Greenhouse in the New York Times analyzing the Court’s decision in Ramos v. Louisiana.

-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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OA379: Trump’s Contempt for the Press & Husch Blackwell

Today’s episode features a deep dive on a completely frivolous lawsuit filed by Donald Trump against a Wisconsin TV station for simply airing an ad created by Priorities USA that… uses a pastiche of Trump’s own words talking about COVID-19. Learn why Trump (and his corrupt lawyers at Husch Blackwell) are transparently trying to silence any public criticism of this President.

First, we begin with an update on the various emoluments clause cases and we learn a) the status of all three cases and b) why none are likely to be decided before the next Presidential election.

Then, it’s time for that deep dive into Trump for President, Inc. v. Northland Television d/b/a WJFW-NBC, a nonsense lawsuit designed to intimidate a local TV station for airing a garden-variety attack ad against Trump’s handling of COVID-19.

After that, it’s time to decipher whether Trump can actually de-fund the World Health Organization (WHO), as he’s threatened. (Hint: no.)

Then, of course, it’s time for the answer to a thrilling #T3BE involving breach of contract by a beloved aunt and her niece over the ownership of a business, the transfer of a lease, and some slow lawyers. Will Thomas’s win streak continue? Listen and find out!

Patreon Bonuses

We just released Law’d Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast!

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. Whatever you do, don’t share out this anti-Trump ad created by Priorities USA on social media, or you might get sued by Trump via his lawyers at Husch Blackwell.
  2. You can read the Trump for President, Inc. v. Northland Television d/b/a WJFW-NBC lawsuit 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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OA378: Trump’s Stupid Threat to “Adjourn” the Senate (A Primer on Appointments)

Today’s episode breaks down the latest threat by Donald Trump to “adjourn” the House and Senate, and explains why a) you shouldn’t be scared and b) he’s unlikely to do it. This is a stunt designed to distract us from how badly Trump has handled COVID-19; we recognize we’re sort of falling for it, so we’re bringing you a deep dive on appointments and good news as well!

We begin, however, with that good news, including an update on the HUGE VICTORY for the forces of democracy in Wisconsin in the aftermath of the Supreme Court’s shameful decision that we discussed in Episode 376. And, to pile on, we talk about good news in all of the abortion cases, even those in Texas!

After that, it’s time for the main segment breaking down whether Trump can adjourn the House and Senate (probably), whether he will (almost certainly not), and why not (because there’s not much to be gained and a ton to risk). Along the way, we’ll do a deep dive into NLRB v. Noel Canning, a 2014 Supreme Court decision that constrains Presidential “recess appointments” — which is what Trump would presumably adjourn the Senate to do.

Then it’s time for a brand new #T3BE about an aunt who changes her mind about selling her business to her niece. Can she be sued? Listen and find out! And, as always, if you want to play along on social media just share out this episode along with your answer!

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. Here’s Trump’s threat to adjourn Congress.
  2. We begin with an analysis of the Senate’s rules on advice-and-consent in approving Presidential appointments.
  3. You’ll want to read NLRB v. Noel Canning, 134 S.Ct. 2550 (2014).
  4. Finally, here’s the Tweet by Steve Vladeck with which Andrew disagrees.

-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 OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 377!  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, Andrew?

Andrew:         I am fantastic, Thomas, and I sincerely mean that!  Comnin’ off of a great interview with Andrew Seidel last week, we’ve got AG from Mueller She Wrote this week, I couldn’t be happier!

Thomas:         Not only that, we’ve got a rare two-guest show because Andrew, of course, is going to be back with us for the thrilling conclusion of T3BE, but also as you mentioned, AG from Mueller She Wrote is on for the main segment, so wow, how fun!  You know, we’re trying to keep our – we’re all quarantined but we’re keeping our interactions up!

Continue reading “Transcript of OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)”

Transcript of OA373: The Happy Show!

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 373, I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

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

Thomas:         Well I’m so excited, we’re doing a happy show!

Andrew:         That’s why I’m fantastic! [Laughs]

Thomas:         I think you’re always fantastic!

Continue reading “Transcript of OA373: The Happy Show!”

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

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 372!  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, Andrew?

Andrew:         Well I am doing coronavirus-infested fantastic, Thomas, how are you?

Thomas:         Yeah, I mean we were all very concerned that you were infected with said coronavirus, are you feeling … better?  Recovering?

Andrew:         I honestly think that it was sort of a combination of crappy seasonal cold and then that first day it went from like 35 to 75 here and I think the pollen went nuts.  So in any event, I have been feeling lousy for about a week but following the protocols and I am on the upswing.

Continue reading “Transcript of OA372: The CARES Act, COVID-19, and Your $1,200 Check”

OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)

Today’s episode features one of our most-requested return guests, AG of the Mueller She Wrote and Daily Beans podcasts. AG joins us for “Below the Radar,” stories that you might have missed while your eyes glazed over during the 11th consecutive coronavirus press conference.

We begin, however, with a nice grab-bag of Andrew Was Rights (and Wrongs, sadly) from the Carolinas to Illinois to the CARES Act to the sad and perhaps inevitable ascension of 37-year-old Federalist Society hack Justin Walker, Andrew Was… Something.

After that it’s time to welcome on AG to discuss a recent ruling requiring the Trump crime syndicate in both their individual and corporate capacities to actually litigate claims rather than shunt them off into arbitration. Andrew and AG break down the significance of last week’s ruling, which may have flown… Under The Radar (TM).

Then, it’s time for the answer to #T3BE 173 involving an auto accident, contributory negligence, and one of our favorite lawyers. Did Thomas and Andrew get it right? Listen and find out!

Patreon Bonuses

We just did an amazing SIO crossover with an Australian lawyer on the Cardinal Pell decision, and don’t forget you can also participate in the Transformers coloring book challenge! And, if you missed it, don’t forget to listen to the audio from March’s LIVE Q&A and Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides! PHEW!

Appearances

Andrew was just a guest host on the Talk Heathen live call-in show, so you can see how he handles religious apologists. 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. We broke down the CARES Act in Episode 372, and you can check out the final “no offset” provision here, on p. 154.
  2. For more on Justin Walker, check out his debate with Andrew on Episode 224 and our breakdown of his lack of qualifications to serve on the federal bench in Episode 289.

-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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OA376: Texas, Wisconsin & Washington (feat. Andrew Seidel)

Today’s episode updates you on litigation in three states: in Texas, where the 5th Circuit blocked the lower court injunction, allowing the anti-abortion executive order to go into place; in Wisconsin, where the Supreme Court literally killed people; and in Washington, where publicity-seeking idiots have some liberals convinced Fox News is about to file for bankruptcy.

We begin in Texas, with an Andrew Was Wrong — and also, a hidden message of solidarity from the dissent in In re Greg Abbott as to how abortion clinics can stay open despite Executive Order GA-08. You won’t want to miss it!

Then, we have on Wisconsin citizen Andrew Seidel to break down the Supreme Court’s decision forcing people to the polls during an epidemic. Bonus: you can count the number of relevant citations in the majority opinion (0).

After that, it’s time to check out the Complaint in WASHLITE v. Fox News, which will probably get us sued by litigation-happy buffoons. As you can imagine, we are NOT KIND to this wadded-up diaper full of nonsense.

Then, you know it’s time for a brand-new #T3BE where Thomas and Andrew S. tackle a civ pro question framed around a car accident. Want to play along? Just share out this episode on social media with #T3BE and we’ll pick a winner….

Patreon Bonuses

We just did an amazing SIO crossover with an Australian lawyer on the Cardinal Pell decision, and don’t forget you can also participate in the Transformers coloring book challenge! And, if you missed it, don’t forget to listen to the audio from March’s LIVE Q&A and Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides! PHEW!

Appearances

Andrew was just a guest host on the Talk Heathen live call-in show, so you can see how he handles religious apologists. 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. Here is the Supreme Court’s opinion in connection with the Wisconsin election.
  2. Here’s the headquarters of WASHLITE – 1826 Berry Street NE, Olympia, Washington, and here are the articles on Arthur West (Seattle Times) and Liz Hallock (Yakima Herald).
  3. The binding decision in the Washington courts is Fidelity Mortgage Corporation v. Seattle Times Co., 131 Wn. App. 462 (2005).

-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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OA375: Knowledge Fight!

Today’s episode is a fun interview with Dan and Jordan from the Knowledge Fight! podcast, your #1 source for deciphering the otherwise-indecipherable world of Alex Jones. We think you’ll enjoy this interview; it’s got a little bit of everything — laughter, tears, and, of course, madness.

After the interview, it’s time to answer an exciting new #T3BE 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

We’re still bringing you the Patreon bonuses! You can submit proposed new intro quotes for the show, and you can also participate in the Transformers coloring book challenge! And, if you missed it, don’t forget to listen to the audio from March’s LIVE Q&A and Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides! PHEW!

Appearances

Once more, Andrew was a guest on the Daily Beans Podcast, breaking down the week in news. 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 really check out the Knowledge Fight! podcast!

-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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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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