OA572.5: Biden Picks Ketanji Brown Jackson!

Emergency bonus episode! We promised a deep-dive on whoever Biden chose to replace Breyer, and here it is! Ketanji Brown Jackson is immensely accomplished. Listen as we break down what terrible arguments to expect Republicans to try against her appointment, and what some key rulings in her judicial history tell us about her jurisprudence!
Links: DC cir questionnaire, Senate Written questions, Judiciary v. McGahn, Meat Inst. v. US. Dep ‘t of Agric, AFL-CIO v. Trump, In re Air Crash over S. Indian Ocean, 8 US Code § 1103, Make the Rd. NY v. McAleenan, Campaign for Accountability v. US. Dep ‘t of Just

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OA572: Ukraine and International Law; Gov. Abbott’s Despicable Attack on Trans Kids

What does the US’s disgusting history of war crimes teach us about international law? We look at the story of how the US screwed over Nicaragua and what the UN did about it. Also, we break down Gov. Abbott’s gross attack on trans people. It’s despicable, but what will the real life consequences be? Find out. Before that, some good news and very bad news in the efforts to hold Trump accountable for his uncountable crimes.

Links: SCOTUS Feb 22 order, Eastman reply, Prosecutors Leading Trump Fraud Investigation in NY Resign, Abbott letter, Paxton letter, UN Charter, Chapter XIV: The International Court of Justice, Statute of the International Court of Justice, Nicaragua v US 1986, ruling

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OA571: MTG DAO NGMI; and Why Palin v. NYT is Not Over

If you don’t understand the first part of the title, you’re not alone! There was a delightful dust up between Wizards of the Coast and something called a DAO over Magic the Gathering. It turns out you’re not just allowed to profit off of other people’s IP? Cryto bros were very surprised to learn this. Andrew decodes it for us. Then, we finally get a thorough breakdown of what happened in the Palin v. NYT case. You may have heard it was dismissed, but it may not be over yet! It’s a weird story with a lot of twists and turns.

Links: Democratic DAO Suffers Coup, mtgodao white paper, Crypto Losers Buy Copy Of Jodorowsky’s Dune, Play Themselves, mtgodao twitter, 17 US Code § 106 – Exclusive rights in copyrighted works, Opinion | America’s Lethal Politics, Sarah Palin Jurors Said They Saw News Alerts About Case

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OA570: Sandy Hook Families Win Major Settlement

Today we have two very significant legal settlements in the news to break down! The families of Sandy Hook victims settled with Remington, but based on the terrible state of the law, this wasn’t a guarantee. Andrew explains how it happened! In a somewhat parallel settlement, a victim of Prince Andrew and Jeffrey Epstein settled, but only because of an interesting ruling on a motion to dismiss. Before that. we’ve got updates on oral arguments in the NY AG motion to quash, the NFL hiring Loretta Lynch & other NFL stuff, the bizarre Durham filing, and the 5th Circuit Injunction related to vaccines and airlines. And then, some Cardi B stuff. So much news!

Links: Daniel Snyder Alleged Sexual Harassment Details, Giuffre v. Prince Andrew, GIUFFRE v. ANDREW ruling, Sandy Hook Families Reach Settlement With Gunmaker Remington, 15 U.S.C. § 7901 – “Protection of Lawful Commerce in Arms Act of 2005”, Bernie Sanders voted for it, 15 US Code § 7902, 15 US Code § 7903, Connecticut Unfair Trade Practices Act Chapter 735a, § 42-110b, Cardi B on Her Unstoppable Rise GQ

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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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OA569: Cawthorn Is as Bad at Picking Lawyers as He Is at Not Doing Insurrections

We’ve got a delightful update in the Madison Cawthorn “one totally legitimate effort” to keep him off the ballot! Cawthorn’s lawyers made a truly pathetic attempt at an injunction. It’s bad law, but good deep dive! Also, a big Opening Arguments was Right about the DHS saga from a few years ago. Don’t remember what we’re talking about? Don’t worry, we’ve got your back and it is good news! As if that isn’t enough, we’ve got a bonus Wordle Law Wildcard! Just listen, alright!
Links: I-765, Application for Employment Authorization, Employment Authorization Document, Federal Court Restores Access to Work Permits for Many Asylum Seekers, Trump Rule final text, AILA – DHS Secretary Ratifies Rule, Judge Beryl Howell says NOPE, Feist Publications v. Rural Telephone Service Co., 499 U.S. 340 (1991), Wordle and IP law, Cawthorn Injunction, State Board Answer, Younger v. Harris, 401 U.S. 37 (1971), Chavez v. Evans, 446 P.2d 445 (NM 1968)

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OA568: How Christian Nationalism Fueled the Insurrection

Andrew Seidel returns to tell us about the report he and Amanda Tyler put together detailing how Christian Nationalism was central to the Jan. 6th Insurrection. The evidence is overwhelming and is often ignored by the media, so now is our chance to help get this vital information out to the world!

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OA567: Pop-Law! Cardi B Wins Defamation Suit Against Worst Person on Earth

You think you know what a “bad document” is? You haven’t seen anything like this! Keen listeners should know by now that winning a defamation suit as a famous person is a tough bar to clear. But, if the person you are suing is an absolute trainwreck and is possibly the worst person in the world, that bar can be cleared. Listen as Ace Associate Morgan Stringer tells us what happened and why Cardi B won!

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OA566: Explosive Lawsuit Against the NFL Details Racial Bias

After being fired from the Miami Dolphins, Brian Flores has filed a very serious lawsuit against the NFL for racial bias in hiring. This is absolutely huge news. Find out why the NFL is in serious trouble!

Links: Flores v. NFL, Douglas Wigdor – New York’s Best Employment Lawyer, 42 US Code § 1981 – Equal rights under the law,  Comcast Corp. v. National Assn. of African American-Owned Media, Palmer v Cook :: 2019, NJ law against discrimination

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OA565: How Madison Cawthorn Could Be Kept off the Ballot

Check out this one WEIRD trick to…. *record scratch* wait a minute… it’s not a weird trick? Wow! Well, check out this one legitimate way in which Madison Cawthorn could be kept off the ballot! It turns out, the Constitution actually isn’t a super big fan of insurrections. Also, some additional info on anti-trust law, and a Wild Card (wooooooooo!) on a new bill written by a Democrat AND a Republican that actually has a chance of passing!

Links: Cawthorn Complaint, Next day order staying proceedings, Gerard Magliocca, Amnesty and Section Three of the Fourteenth Amendment, Article 11B. Challenge to Candidacy, GOP Power Lawyer: Congress Said Insurrection Is Cool In 1872, 1872 Amnesty Act, Klobuchar Cotton Bill

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OA564: The Reteyerment; At-Will Employees Forced to Stay? and Avenatti vs Stormy Daniels!

Huge news day! BREYER WILL RETEYER! What a relief. Andrew takes us through that and the potential replacements. They’re all great! Then we’ve got, by immense popular demand, coverage of a story in which at-will employees were forced by a court to stay in their job. What happened? Was it reported correctly? Find out! Then finally, it’s Stormy Daniels vs scumbag Michael Avenatti in one of the many trials Avenatti is facing for his unethical behavior.

Links: Leader of the Oath Keepers, Democrats Can Replace Justice Stephen Breyer on Party Lines, injunction against at-will employees

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