Tag: abortion

Posted on

OA 764:  ProPublica Reveals Sam Alito Is Exactly As Corrupt As You Thought He Was

Liz and Andrew break down the bombshell ProPublica article about Samuel Alito’s corruption, and along the way remind you of the right wing’s complicity in the false narrative that abortion violence is a “both sides” issue. It isn’t.

Notes
OA 749
https://openargs.com/oa749-clarence-thomas-grifts-kari-lake-sinks-stewart-rhodes-comes-to-the-end/

OA 739
https://openargs.com/oa739-5-million-says-mike-lindell-is-full-of-stuffing/

ProPublica, “Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court,”
https://www.propublica.org/article/samuel-alito-luxury-fishing-trip-paul-singer-scotus-supreme-court

ProPublica on Thomas/Crow 
https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow

DOJ, Recent Cases on Violence Against Reproductive Health Care Providers
https://www.justice.gov/crt/recent-cases-violence-against-reproductive-health-care-providers

DOJ, Anti-Abortion Violence Movement Increases (1996)
https://www.ojp.gov/ncjrs/virtual-library/abstracts/anti-abortion-violence-movement-increases

Ruth Sent Us
www.ruthsent.us

Jane’s Revenge Superseding Indictment
https://www.justice.gov/d9/press-releases/attachments/2023/03/29/unsealed_superseding_indictment_0.pdf

5 U.S.C. § 13104
https://www.law.cornell.edu/uscode/text/5/13104

-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

Posted on

OA723: Right-Wing Judges Take the Money and Run… Away With Your Civil Rights

Liz and Andrew tackle three stories: an update on the dueling mifepristone rulings in Texas and Washington, Clarence Thomas’s latest corrupt activities, and (for patrons) an update on Steve Bannon’s sugar daddy.

Notes
OA 594: Impeach Clarence Thomas
https://openargs.com/oa594-impeach-clarence-thomas/

 OA 714 on Kwok
https://openargs.com/oa714-gonna-be-hard-for-steve-bannons-sugar-daddy-to-write-those-checks-from-prison/

Kwok superseding indictment
https://storage.courtlistener.com/recap/gov.uscourts.nysd.595325/gov.uscourts.nysd.595325.19.0_1.pdf

Ethics in Government Act of 1978, 5a U.S.C. §§ 101 et seq.
https://www.law.cornell.edu/uscode/text/5a/compiledact-95-521/title-I

Washington v. FDA Motion for Clarification
https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.81.0_3.pdf

Washington v. FDA Motion to Expedite
https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.82.0.pdf

FDA 5th Circuit Motion to Stay
https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.20.0_4.pdf?utm_source=substack&utm_medium=email

Intervenors 5th Circuit Motion to Stay
https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.22.1_1.pdf

Robert EOY report on the Supreme Court 2021
https://www.supremecourt.gov/publicinfo/year-end/2021year-endreport.pdf

NPR on 2022 state supreme court races
https://www.npr.org/2022/11/05/1134514218/money-is-pouring-into-state-judicial-campaigns-this-year

 ProPublica Thomas story
https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow

Wall Street Journal on federal judges violating the ethics laws
https://www.wsj.com/articles/131-federal-judges-broke-the-law-by-hearing-cases-where-they-had-a-financial-interest-11632834421

-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

Posted on

OA722: Right-Wing Judge Appointed to the Bench to Ban Abortion… Bans Abortion

Today, Liz and Andrew break down Judge Matthew Kacsmaryk’s late-night Friday stay order that essentially overrules the FDA and removes mifepristone (the abortion pill) from the list of approved drugs.

How bad is it? Is a parallel decision from a federal court on Washington part of the solution? What’s next? Listen and find out!

Notes
OA 707 on Kacsmaryk
https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/

Kacsmaryk Order 
https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.137.0_14.pdf

Washington v. FDA
https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.80.0.pdf

United States v. One Package
https://scholar.google.com/scholar_case?case=14734857310809857501

FDA on REMS
https://www.fda.gov/drugs/drug-safety-and-availability/risk-evaluation-and-mitigation-strategies-rems

FDA on unapproved drugs
https://www.fda.gov/drugs/enforcement-activities-fda/unapproved-drugs

Comstock Act, 18 U.S.C. § 1461
https://www.law.cornell.edu/uscode/text/18/1461

5 U.S.C. § 705
https://www.law.cornell.edu/uscode/text/5/705

-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

Posted on

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!



Download Link
Posted on

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!



Download Link
Posted on

Transcript of OA342: Why the Supreme Court Should Scare You Even More Than It Already Does

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 342.  I’m Thomas Smith, that over there is Andrew Torrez, how’re ya doing sir?

Andrew:         I am fantastic.  I am on pins and needles for the drastic, dramatic OA fantasy football semi-finals tomorrow, I’ll be rooting for Blank Boxman since my team just narrowly missed making the playoffs.

Thomas:         Yeah.  Wait, this happens on Tuesday, so semi-finals already happened.

Andrew:         Oh yeah.  Well then there you go.

Thomas:         Time machine malfunction, everybody!  Andrew-

Andrew:         I’m basking in the glory of your upset victory.

Continue reading “Transcript of OA342: Why the Supreme Court Should Scare You Even More Than It Already Does”
Posted on

OA342: Why the Supreme Court Should Scare You Even More Than It Already Does

Today’s episode takes a deep dive into something the Supreme Court didn’t do last week — namely, it declined to grant certiorari to reverse an obviously incorrect decision of the Sixth Circuit (EMW Women’s Surgical Center v. Meier), in which that court upheld a blatantly unconstitutional Kentucky law mandating that women undergo a medically unnecessary ultrasound and listen to a script before undergoing an abortion.

We begin, however, with a delightful Frozen-themed listener question about the extent of copyright law and whether Josh Gad can start singing songs about how Brett Kavanaugh is a monster. (Hint: this is a fantastic idea.) We truly drill down on all the different ramifications of when you create an original character for yourself versus your employer.

After that, it’s time for the main sequence deep dive on EMW Women’s Surgical Center v. Meier and exactly why it’s surprising — and depressing — that the Supreme Court declined to grant certiorari in this case.

Then, it’s time to check in on #T3BE and see if Thomas can get this homebuying question right. Do you get to cancel a sale when the buyer hides water damages, and if so, why? Listen and find out!

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.

Show Notes & Links

  1. If you want to go down memory lane, check out “Larry ‘Bud’ Melman” advertising “Mr. Larry’s Toast on a Stick” from the old Late Night With David Letterman show.
  2. You can read the 6th Circuit’s opinion in EMW Women’s Surgical Center v. Meier, 920 F.3d 421 (6th Cir. 2019) for yourself. The Kentucky law at issue is KRS 311.727.
  3. The 4th circuit decision we referenced is Stuart v. Camnitz, 774 F.3d 238 (4th Circ. 2014).
  4. Before the Supreme Court, check out (a) the cert petition; (b) the State’s opposition; and (c) the petitioner’s reply brief.

-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

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



Download Link
Posted on

Transcript of OA330: The Impeachment Inquiry Explainer (& Pre-Embryos in Connecticut

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 330.

Andrew:         Woo!

Thomas:         Cool round and even number, multiple of ten.  How’s it going Andrew?

Andrew:         It is going fantastic Thomas, how are you?

Thomas:         Doin’ well, not as well as the man who is on the vacation that seemingly never ends, but-

Andrew:         [Laughs]  It ends!  Last day, last day man.

Continue reading “Transcript of OA330: The Impeachment Inquiry Explainer (& Pre-Embryos in Connecticut”
Posted on

OA330: The Impeachment Inquiry Explainer (& Pre-Embryos in Connecticut)

Today’s episode is everything you need to walk your open-minded Uncle Clarence — you know, the one who watches Fox News, but not religiously, and isn’t quite sure what all this impeachment nonsense is about — through the key buzzwords of the week. And, as a bonus, we discuss an important decision regarding in vitro fertilization in Connecticut.

We begin, however, with the Explainer. How is this process different from (and more fair than) the Clinton impeachment? What is an impeachment “inquiry?” And why — oh god, why?!? — is everyone so focused on quid pro quo? You’ll find out the answers to all these questions and much, much more.

After that, it’s time to examine Bilbao v. Goodwin, which delves into the tricky question of what happens to a couple’s frozen pre-embryos after they break up? This case has been making the rounds in both pro-life and pro-choice circles — we’ll tell you exactly what it stands for and what comes next.

Then, of course, it’s time for an all-new #T3BE, in which Thomas tackles a breach-of-contract question. Can he keep his winning streak going?

Upcoming 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.

Show Notes & Links

  1. For the full breakdown of the House Impeachment Inquiry resolution, H.R. 660, check out our discussion in Episode 328.
  2. And you can click here to read Bilbao v. Godwin.

-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

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



Download Link
Posted on

OA301: The Good News Show!

Today’s episode focuses on a number of actual good developments in the news! From the second half of the Mueller testimony before the House Intelligence Committee, to a court’s issuance of an injunction blocking Trump’s illegal efforts to change the rules on asylum, it’s a (rare) week of good news! Oh — and there’s a brand new intro for your enjoyment as well!

We begin with an update on Mueller’s second round of testimony before the House Intelligence Committee, and answer some questions about whether Rep. Nadler can launch “an impeachment inquiry” without Nancy Pelosi’s approval.

Then, it’s time for some good news out of the courts, including a sweeping injunction handed down in Arkansas with respect to three laws that restrict and/or prohibit abortion, including Act 493, which purported to ban all abortions after 18 weeks. This is exactly what we predicted would happen at the district court level — and you can learn why this particular (159-page!) decision is particularly useful going forward.

But the good news doesn’t stop there! We also break down the Northern District of California’s injunction with respect to the joint DOJ/DHS rule regarding asylum that was rammed through without the appropriate notice-and-comment period last week.

Then, it’s time for a fun segment regarding disciplinary proceedings against everyone’s favorite crazy person, Larry Klayman!

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.

Show Notes & Links

  1. Don’t forget that there are just 10 tickets remaining for Opening Arguments Live in New York on August 10, 2019! Click here to get your tickets before they’re gone!
  2. Click here for Nadler’s 2017 impeachment inquiry.
  3. This is the must-read Dana Leigh Marks article in the Washington Post that we discuss on this show.
  4. Finally, click here to read the DC panel’s recommendations against crazy person Larry Klayman.

-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

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




Download Link