OA240: Libertarianism is Still Bad & You Should Still Feel Bad

Today’s special, hangover-free New Years’ episode follows up on some of the things we discussed during our Episode 238 interview with Matt Donnelly of the Ice Cream Social podcast, including the never-controversial subject of libertarianism.  Strap in; it’s been an interesting year!

We begin with a listener question from Ricardo, who asks some follow-up questions to our original hot take on libertarianism waaaaaay back in Episode 22.  Is there a robust theory of property rights that serves as a side-constraint on government action?  You’ll have to listen and find out!  (Hint:  no.)

After that, Andrew further explains the “Are You A Cop?”-style segment from Episode 238 regarding whether Brett Kavanaugh “voted with the liberals” in an abortion case.  (Hint:  no.)  You’ll figure out all you need to know about the Supreme Court’s denial of certiorari in Gee v. Planned Parenthood and Andersen v. Planned Parenthood… as well as getting a deep dive into Clarence Thomas’s dissent and an explainer on the Medicaid Act, 42 U.S.C. § 1396a!

After all that, it’s time for the answer to Thomas (and Matt) Take The Bar Exam #107 regarding defamation.  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. Check out Matt & Mattingly’s Ice Cream Social podcast!
  2. We first discussed libertarianism back in Episode 22.
  3. You can click here to read Clarence Thomas’s blistering (and inaccurate) dissent from the Court’s denial of cert in the Planned Parenthood cases; click here to check out 42 USC § 1396a(a)(23), the statute at issue; and click here to read the Washington Examiner article discussed on the show.

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



Download Link

OA185: Gerrymandering & Other Good (?) News

Today’s episode tries to put a positive spin on some recent developments, including the Supreme Court’s gerrymandering decisions, the Department of Justice OIG report on the 2016 election, and the triumphant return of Everyone’s Favorite Segment (TM):  “Are You A Cop?”

We begin with the Office of the Inspector General’s 2016 Election Final Report, which we modestly point out validates literally everything we said in one of our favorite Episodes, OA 13, “Hillary Clinton’s Damned Emails.”  There’s so much more to learn, so you’ll want to listen up!

After that, we tackle the main segment, looking for some good news out of the Supreme Court’s recent “decisions” on gerrymandering in Gill v. Whitford (Wisconsin) and Benisek v. Lamone (Maryland).  These 9-0 decisions are widely viewed as having punted on gerrymandering; is that right, and if so, what does the future hold?

After that, we tackle a trope that “everyone knows” in fan-favorite segment “Are You A Cop?”  This week, it’s that “everyone knows” cops can’t have sex with people in their custody, right?  RIGHT?  Well, thanks to one Democratic legislator in a deep red state, it’s now true in Kansas, at least.

Finally, we end the answer to Thomas Takes The Bar Exam #81 regarding a law designed to target two college professors who crafted campus hate speech codes.  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. We first discussed Hillary Clinton’s emails and the Comey investigation way back in Episode 13, and if you haven’t listened, you should check it out!  Then, compare what we said then to the just-released Office of the Inspector General’s 2016 Election Final Report.
  2. Our explainer on Gerrymandering is Episode 54; we then talk about the Wisconsin case in Episode 80 and the Maryland case in Episode 148.
  3. Of course, you can (and should!) read the Supreme Court’s recent decisions on gerrymandering in Gill v. Whitford (Wisconsin) and Benisek v. Lamone (Maryland).
  4. Here is the text of Kansas HB2621, which amends KSA Supp. 21-5512(a), defining “unlawful sexual relations.”  A “Severity Level 5 Person felony” is subject to 50-55 months in prison as per the Kansas Sentencing Guidelines.

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!

And email us at openarguments@gmail.com



Direct Download