OA500B: Bonus! Terrible Supreme Court Rulings; Machin’s New Conditions

It’s bonus OA!!! Andrew takes us through whatever the hell Manchin is trying to do with Republicans, then breaks down two Supreme Court rulings for us. Spoiler: they’re terrible.

Links: For the People Act of 2021, 19-123 Fulton v. Philadelphia, California v. Texas

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OA500: Eminent Domain!

500!!!! WOOOOOOO! It’s time for the deep-dive we’ve been putting off for 5 years. Eminent domain!

Links: Lucas v. South Carolina Coastal Council, Loretto v. Teleprompter Manhattan CATV Corp, Pennsylvania Coal Co. v. Mahon, Penn Central Transportation Co. v. New York City, Murr v. Wisconsin, 2017, Kelo v. City of New London, Hawaii Housing Authority v. Midkiff, Pfizer To Close New London Headquarters

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OA499: Mo Brooks Gets Served By Swalwell

… and then goes on unhinged Twitter rant full of bad law! We’re here to break down just how obviously spurious his allegations are. Then, we address the tremendous amount of feedback we got on Christian Health Sharing Ministries. Some listeners tried to defend them, or at least claimed they got out ahead. Was Andrew wrong? Are they not a scam? Find out!
Links: Institute for Christian Conciliation, Access to ICC Guidelines and Rules of Procedure, Commercial Arbitration Rules, weird handbook, cost of uncovered pregnancy, Rule 5. Serving and Filing Pleadings, return affidavit, Mo Brooks raising campaign funds off wife getting served, Alabama Section 13A-7-2, 6-5-262, Rule 4. Summons

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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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