OA249: Overturning Roe v. Wade Starts Today

Today’s episode sounds the alarm as to whether our activist right-wing Supreme Court is ready to effectively overturn Roe v. Wade and essentially permit the entire state of Louisiana to all but ban the right to an abortion in that state.  We’re NOT an alarmist podcast, but this is something you need to be watching.  We also follow up on the Trump Shutdown, answer a listener question regarding our discussion of the Hilton lawsuit from last episode, and (of course) take our weekly visit to Yodel Mountain, this time on the back of one Roger Stone.  Are these all just “process crimes?”  And what the hell does that mean, anyway?  Strap in and find out!

We begin, however, with a brief look at the end of the Trump Shutdown and what’s likely to come next.

After that, we tackle some questions and misperceptions regarding our story of the lawsuit against Hilton hotels from Episode 248.

Then, it’s time for the main segment, which takes a look at a pending Supreme Court motion and discusses what this means for the future of Roe v. Wade and the right to a legal abortion in this country.  Yes, it really is that significant.

Then, it’s time for a trip to Yodel Mountain to discuss “process crimes” rapid-fire round of questions about Trump’s shutdown.  Why is Congress still getting paid?  Who can sue, and why haven’t they?  Find out the answers to these questions and more!

We end, as always, with a brand new Thomas Takes the Bar Exam Question #112 about murder most foul!  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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. Ann Coulter was responsible for the shutdown and Trump’s approval ratings take a hit. (Thomas Was Right)
2. A series of bipartisan proposals show support for ending shutdowns.
3. Title VII of the Civil Rights Act of 1964 42 U.S.C. § 2000e et seq.
4. Several years ago, Andrew wrote on reasonable religious accommodations at Disney when he was still working for The Man.
5. We discussed Planned Parenthood v. Casey in OA: Episode 27 and OA Episode: 28.
6. Whole Woman’s Health v. Hellerstedt 136 S.Ct. 2292 (2016)
7. June Medical Services v. Gee, 905 F.3d 787 (5th Cir. 2018)
8. MOTION TO STAY filed by June.
9. Dershowitz – what the defenders are saying and why it’s Wrong . Followed by Seth Abramson’s Smackdown thread.
10. Stone Indictment
11. More on Randy Credico from his wiki entry and twitter.
12. Roger Stone will work the media
13. Concord Management & Consulting media discovery.
14. The joint motion in Roger Stone’s case and the “voluminous and complex” evidence against him.

Support us on Patreon at:  patreon.com/law

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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 email us at openarguments@gmail.com



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OA198: What Is Alan Dershowitz Thinking?

Today’s episode takes an in-depth look at Donald Trump’s favorite “liberal,” Harvard Law professor Alan Dershowitz as seen through the eyes of one of his former students.

We begin, however, with an update from the Paul Manafort trial, taking a look at the prosecution’s strategy, witness list, and some preliminary rulings by Judge Ellis.

After that, we dive very deeply into what looks like a very weird phenomenon:  why is Alan Dershowitz carrying water for a President whom he ostensibly opposes?  Why is he saying things that are demonstrably and indefensibly untrue about the law?

Andrew has a theory.  Mostly, though, he has stories and research… but they lead to a theory (we promise)!

Finally, we end the answer to Thomas Takes The Bar Exam #87 regarding constitutional law and a state vs. the federal Confrontation Clause.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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. This is the article in The Hill indicating that the prosecution would, in fact, call Rick Gates; earlier, friend of the show Randall Eliason gave a bunch of reasons why they might not.  Oh, and Eliason also has you covered as to why ‘collusion’ is, in fact, a crime.
  2. This is the laughable Fox News report on how Judge Ellis hates the prosecution; for a dose of reality, you might want to check out this other article in The Hill about how Judge Ellis chastised both sides’s lawyers.
  3. If you missed it, this is our Episode 107 where we tackled Serial.
  4. Here’s the PBS retrospective on Dershowitz and the OJ trial.
  5. Our Dershowitz story on ‘testilying’ begins with Mapp v. Ohio, 367 U.S. 643 (1961) and the origins of the exclusionary rule; Dershowitz coined the term ‘testilying’ in this New York Times article from 1994.
  6. Testilying is, of course, a consistent problem today (see A, B) — but Dershowitz hasn’t spoken about it since 1998 (and even then, in an entirely different context).
  7. Instead, he attacked Baltimore’s decision to indict the police in the Freddie Gray case in 2015.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

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

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com



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