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!



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OA372: The CARES Act, COVID-19, and Your $1,200 Check

Today’s episode breaks down the three main provisions of the just-passed CARES Act in terms of (1) additional unemployment benefits, (2) tax relief in the form of advance $1,200 “rebate” checks to taxpayers, and (3) the $500 billion “slush fund” for corporate giveaways. While there’s more in this 880-page monstrosity, we break down the key parts for you!

We begin, however, with some good news about the impending retirement of Ohio Rep., Trump-supporting lunatic, and soon-to-be-White House Chief of Staff Mark Meadows. Does this violate the Ineligibility Clause of the Constitution? YOU BETCHA. Is it #ClearAsKushner? YEP! And this time, does it matter? YES IT DOES!

After that it’s time for a full breakdown of the main components of the CARES Act, including how much money you’ll be getting and when, what the costs are, and what the provisions are that can come into play to prevent all of this from winding up in Jared Kushner’s pocket. You won’t want to miss it!

After all that, it’s time for a quick segment on IRS Form W-7, which allows you to pay your taxes if you’re a nonresident alien.

Patreon Bonuses

There’s so much right now! If you’re a Patron, you can submit your questions for next Tuesday’s LIVE Q&A scheduled for 3/31 at 8 pm Eastern / 5 pm Pacific, and 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 President Leahy. 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. On the Ineligibility Clause: check out Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974) (restricting taxpayer and citizen standing) and Metropolitan Washington Airports Authority et al. v. Citizens For The Abatement Of Aircraft Noise, Inc., et al., 501 U.S. 252 (1991) (invalidating Congressional action pursuant to the Ineligiblity Clause).
  2. You can read the final CARES ACT for yourself, all 880 pages of it!
  3. Please do fill out IRS Form W-7 if it applies to you.

-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!



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OA371: Your COVID-19 Questions, Continued!

Today’s episode is the second half of our double-length episode in which we tackle your questions about the coronavirus and the law. If you haven’t listened to Episode 370 (Part 1) first, go check that out!

We tackle:

  • The extent of federal and state powers during emergencies, including the National Emergency Act, 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264;
  • And we contrasted that with state powers, such as 2018 Maryland Code, Public Safety Art., Title 14, Article 3.
  • Whether the House of Representatives has to vote in chamber, or whether they can use technology;
  • Whether restrictions on gatherings violate the First Amendment;
  • Whether you can be charged with a crime for spreading coronavirus;

And much, much more!

No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure!

Patreon Bonuses

If you’re at the $2 level or above, we have an amazing new Law’d Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson!

Appearances

None! 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. As an overview to states of emergency, we began with Ex parte Milligan (1866).
  2. Federal powers: 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264; the federal government has enumerated powers as per the 10th Amendment.
  3. Check out the Rules of the House of Representatives.
  4. On time, place & manner we cited Ward v. Rock Against Racism, 491 U.S. 781 (1989).

-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!



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OA370: Can Trump Cancel the Election? and Other COVID-19 Questions!

Today’s episode begins with a discussion of the recent dismissal of charges by the Department of Justice against Concord Management & Consulting, LLC (and Concord Catering) with prejudice. Is this another example of Attorney General Bill Barr’s meddling? We explain that it… probably… isn’t. Probably.

After that, it’s time for the first part of a double-length episode in which we tackle your questions about the coronavirus and the law. First up are all the questions involving elections, including whether and how Trump can suspend or eliminate the election, and what would happen if he did. If you’ve always wanted Vermont Senator Pat Leahy to be President, well, this is the episode for you!

No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure!

Patreon Bonuses

If you’re at the $2 level or above, we have an amazing new Law’d Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson!

Appearances

None! 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. On Concord Management: you can check out the 2019 Motion alleging that Concord was abusing the discovery process as well as the 3/16/20 motion to dismiss.
  2. As an overview to states of emergency, we began with Ex parte Milligan (1866).
  3. On primaries: Check out the Ohio Supreme Court’s denial of the writ of mandamus to hold the March 16 primary, as well as the lawsuit filed by the Ohio Democratic Party. Oh, and if you want to be depressed, read Nixon v. Herndon, 273 U.S. 536 (1927).
  4. Election statutes: 2 U.S.C. §§ 1, 7 (“Time of Election”) and 3 U.S.C. §§ 1 et seq. And of course, don’t forget Bush v. Gore, 531 U.S. 98 (2000), which we broke down way back in Episodes 3, 4, and 5 of the show!
  5. Presidential succession is governed, inter alia, by the 20th Amendment and the Presidential Succession Act, 3 U.S.C. § 19, and the Speaker of the House is required by Art. I, Section 2 of the Constitution and implemented by the House Rules.
  6. Pat Leahy as President was first proposed by journalist Ian Millhiser.

-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!



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Transcript of OA368: Your Guide to the Coronavirus, Part 2

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 368, I’m Thomas, that’s Andrew.  How’re you doing, Andrew?

Andrew:         I am doing fantastic.  For those whom I met and shook hands with last week in Houston, I have zero signs of fever or coughing, fatigue, any of that.  So I’m fine, I’m healthy, how are you?

Thomas:         Still operating under the impression that I already had coronavirus.

Andrew:         Yeah.

Thomas:         I don’t think anyone’s ever gonna talk me out of that.  I was trying to pretend like I was joking, still not joking.

Andrew:         [Laughing]  You do know it’s not the chickenpox, right?

Continue reading “Transcript of OA368: Your Guide to the Coronavirus, Part 2”

OA368: Your Guide to the Coronavirus, Part 2

Today’s episode continues our discussion from Episode 366 on the political, criminal, and civil legal issues surrounding coronavirus and COVID-19 in the United States, including whether the CDC has the authority to waive the fees associated with testing for the virus (they do!) and how this is going to affect civil society (badly). You won’t want to miss it — and you’ll be stuck inside your house anyway, so you’ll have all the time in the world to listen!

We begin, however, with some nuance regarding An Andrew Was Right, the line of Presidential succession, the 12th and 22nd Amendments, and whether Barack Obama can be Joe Biden’s Vice-President. Learn that… apparently there’s an argument that he could?

After that, it’s time for the main segment, which covers COVID-19 and the coronavirus, specifically (a) Rep. Katie Porter’s amazing cross-examination of the CDC Director and the legal authority; (b) lawsuits against con artists like Jim Bakker and Alex Jones; (c) Congress’s response; (d) more on private lawsuits and the specific example of SXSW; and (e) a really interesting question about jury duty and the future of jury trials.

After all that, it’s time for a dreaded REAL PROPERTY #T3BE. Can you get it right? Just share out this episode on social media, include the hashtag #T3BE, your guess, and your reasons therefor and we will shower the winner with… well, you know.

Appearances

Andrew was just a guest speaker at Houston OASIS, and we’ll be working to bring you the audio of his speech from that event. And 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. In the “A” segment on Presidential succession, we referenced this law review article from Peabody & Gant.
  2. Check out the video of Katie Porter’s blistering cross-examination of the CDC Director as well as the text of 42 CFR § 71.30.
  3. And, of course, you’ll want to listen to our original coverage back in Episode 366.

-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!



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Transcript of OA366: Your Guide to the Coronavirus!

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 366.  I’m Thomas Smith, and, uh, we can’t have nice things Andrew.  How’re you doing?

Andrew:         [Sighs] Ahhh, yeah.  It’s not a great day for me, although I am wearing a full gas mask so that will prevent me from-

Continue reading “Transcript of OA366: Your Guide to the Coronavirus!”

OA366: Your Guide to the Coronavirus!

Today’s episode breaks down force majeure clauses in contracts and takes a look at what might happen in the next few weeks as the world prepares to deal with COVID-19 coronavirus. Along the way we also tackle the news of the week, including the baffling decision out of the DC Circuit not to require Don McGahn to testify. You won’t want to miss this episode!

We begin, however, with some recurring Vice Presidential/line of succession questions and take a mini-deep-dive into the absolutely bonkers elections of 1796 and 1800 that produced the 12th Amendment, and what it says about vice-presidential qualifications.

After that, it’s time for our main segment on coronavirus, which includes a deep dive into various cases where contracts have been broken due to “acts of god.” Is a global pandemic an “act of god?” Listen, find out, and you’ll soon be able to whip out four-part tests if your hotel tries to cancel your room due to coronavirus scares.

Then, it’s time to pick apart the D.C. Circuit’s 2-1 baffling opinion that the House Oversight Committee lacks standing to go to a court to enforce its subpoena over Don McGahn. This is technically an “Andrew Was Wrong,” because Andrew did not imagine that any judges with functioning brain cells could have authored an opinion this bad. Find out what’s next!

After all that, it’s time for a brand new Thomas Takes the Bar Exam involving a tainted witness identification. And remember that you too can play along by sharing out this episode on social media and using the hashtag #T3BE.

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 all your Vice Presidential qualification questions, check out the 12th Amendment!
  2. Here’s the D.C. Circuit’s decision in McGahn, and we also referenced Raines v. Byrd, 521 U.S. 811 (1997) and, of course, Opening Arguments’s good friend Richard Nixon in United States v. Nixon, 418 U.S. 683, 696-97 (1974).
  3. Finally, you can read Josh Chafetz’s law review article, “Executive Branch Contempt of Congress.”

-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!



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