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Transcript of OA499: Mo Brooks Gets Served By Swalwell

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, on sale today for 499!

Andrew:         [Laughs]

Thomas:         There you go, made the joke, Andrew!  I’m Thomas, that’s Andrew, how’re you doing?

Andrew:         Ah, somehow that joke is just so much funnier coming out of you.

Thomas:         [Laughs] I don’t think that’s true.  You’re a funny guy, Andrew.  You know?

Andrew:         [Sighs]

Thomas:         You’re as funny as I am good at the law.

Andrew:         [Laughs]

Thomas:         [Laughs]

Andrew:         52% of the time.

Thomas:         Hey, I don’t even think I have that funny batting average.

Andrew:         Hey, I was gonna say, I will take that.

Thomas:         [Laughs] The people don’t hear how many jokes of mine I edit out of the show.  499, can you believe it?  Next episode is 500 and I’m gonna go ahead and say Andrew has something super special planned.  I mean, just the most amazing episode 500.  [Laughs] I’m just gonna make that claim first.

Andrew:         Can we talk offline?  Yeah.  Okay, great, great.  Definitely.

Thomas:         You’re not gonna believe the episode.

Andrew:         100%, yeah.

Thomas:         Let’s get to today’s episode, which sounds like it’s gonna be a lot of fun.

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Transcript of OA498: The Garland DoJ Coverage is Completely Wrong

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 498.  I’m Thomas, that’s Andrew, how’re you doing?

Andrew:         [Laughing] I’m doing fantastic, Thomas, how are you?

Thomas:         I am doing great.

Andrew:         Feels like this show is on sale for $4.98, right?

Thomas:         Yeah.

Andrew:         You use that now and also-

Thomas:         I think 499 as well.

Andrew:         Use that joke on Tuesday, yeah.  [Laughs] 

Thomas:         You should’ve saved it; it would’ve been killer.  Naw, it’s still good.  In terms of how I am, we had a funny thing happen which is – so Lydia has wanted to get a bird feeder for a while, have some birds in the tiny backyard we have, but the problem is Arlo is allergic to literally everything and birdseed has a bunch of stuff he’s allergic to, so Lydia finds one, a special birdseed, whatever. 

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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

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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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

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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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

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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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

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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Transcript of OA497: Christian Health Sharing Is a Scam

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 497.  I’m Thomas, that’s Andrew, how’re you doing, sir?

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

Thomas:         Are you just fantastic because I am going to play a line from Casino, one of your favorite movies?

Andrew:         Uh, yes.  Yes.

Thomas:         Is that mainly why?  [Laughs]

Andrew:         [Laughs] That is 97% of my joy and happiness.

Thomas:         Yeah, we’ve got a very – very important story to talk about today.  Basically, health insurance, scam health insurance that we don’t want people to get taken in by, so if you think anyone needs to hear this, please share it with them because maybe you have some family members, maybe you know some people, this is a real deal but I’m told this line from Casino is very apropos, so I’m gonna go ahead and hit play on that.  [Laughs]

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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

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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Transcript of OA496: Stanford Law Forgets How Law Works

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 496.  I’m Thomas, that’s Andrew, how’re you doing, sir?

Andrew:         I am fantastic, Thomas, and I actually mean that.

Thomas:         Oh!  I’ve got a terrible announcement, Andrew.

Andrew:         Okay?

Thomas:         I’ve shut down my blog.

Andrew:         Oh! [Chuckles]

Thomas:         Yeah, so I had a blog and then I realized it wasn’t 2005.

Andrew:         Right, right.  Yeah.

Thomas:         I had to shut it down. [Laughs]

Andrew:         And you’re not a lawyer.  Apparently 95% of the legal are all still blogs.

Thomas:         Oh really?  Wow.

Andrew:         Yeah, it’s like there’s a category for blogs, there’s a category for faxes, I think.

Thomas:         [Laughs]

Andrew:         Ham radio broadcasts.

Thomas:         I guess Trump didn’t win one of those blog awards and so he had to shut his blog down.  It’s heartbreaking, truly a heartbreaking tale.

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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

-Support us on Patreon: https://www.patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/

-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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