Court Packing – Opening Arguments

Topics of Discussion:

[Show Intro]

Thomas: Hello and welcome to Opening Arguments, this is episode 340. I’m Thomas, that’s Andrew. How ya doing, Andrew?

Andrew: I’m fantastic, Thomas, how are you?

Thomas: I am mainly just in absolute cliffhanger mode, I just can’t even deal with the fact that I have no idea how I did on the bar question.

July 4, 2019July 5, 2019

OA294: How To Fix The Supreme Court!

Today’s episode reveals Andrew’s plan for how to fix the Supreme Court! Oh, and while you’re here, we’d love it if you would vote for us in the Podcast Awards by clicking on that link (or heading to www.podcastawards.com), clicking the blue “>> Nominations Now Open <<” box, registering with your email, and then selecting us in the drop-down boxes for “People’s Choice” and “News and Politics.” Thank you so much!

We begin with a detailed breakdown of the developments in the multiple census cases in light of the Supreme Court’s ruling last week in Department of Commerce v. New York, which we last discussed in Episode 292. Find out how a parallel case in Maryland may be the key to finally keeping the citizenship question off of the 2020 census!

Then, it’s time for a deep dive. We begin with Bernie Sanders’s answer at the first Democratic Debate, pivot to a discussion of Daniel Epps’s “Supreme Court Lottery” plan, and finally end with the option Andrew prefers. How to fix the Supreme Court? Is it Constitutional Hardball? Listen and find out!

After all that, it’s time for a quick Yodel Mountain update on the status of the Democratic effort to get Trump’s tax returns. Good news, everyone!

And then, as if that wasn’t enough, it’s time for the most pointless Thomas Takes The Bar Exam Question… ever! It’s #133, it’s Real Property, and it’s terrible. And if you would like to participate in this self-inflicted torture, just share out this episode on social media, include your answer and the hashtag #TTTBE, and we will shower one lucky winner with never-ending fame and fortune(*)! (*) – subject to the terms and conditions as set forth orally during this show.

Appearances

Andrew will be a guest at the Mueller She Wrote live show in Philadelphia, PA on July 17, 2019; click that link to buy tickets, and come up and say hi! And remember: if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

Don’t forget to vote for us in the Podcast Awards by clicking on that link (or heading to www.podcastawards.com), clicking the blue “>> Nominations Now Open <<” box, registering with your email, and then selecting us in the drop-down boxes for “People’s Choice” and “News and Politics.” Thank you!!
We last discussed the census question and the Supreme Court’s opinion in Dep’t of Commerce v. New York in Episode 292.
You’ll want to read the brief transcript of the telephonic hearing held in front of Judge Hazel in the Maryland case. And you can click here if you want to monitor the Supreme Court’s docket to look for the Government’s potential motion.
This is the text of Rule 62.1, which was certainly new to Andrew.
This is a transcript of the second night of the Democratic debate, which contained Bernie Sanders’s Supreme Court answer.
You can click here to read Epps & Sitamaran’s law review article, “The Supreme Court Lottery,” for yourself, and you can fact-check Andrew’s points about the composition of the federal bench here.
Finally, don’t forget to check out jurisdiction-stripping in Ex Parte McCardle, 74 U.S. 506 (1868) and the original law review article written by Charles E. Rice (“Congress and the Supreme Court’s Jurisdiction”).

-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!

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October 11, 2018October 12, 2018

OA217: Can Ethics Complaints Take Down Kavanaugh?

Today’s Rapid Response Friday follows up on the State of Florida and… sadly… returns one last time to the story of Brett Kavanaugh and the ethics complaints lodged against him and referred to the Tenth Circuit. Oh, and we give you real stuff you can do to make a positive difference! You have to listen!

We begin with a follow-up to Tuesday’s episode where we break some news regarding the Democratic Party’s lawsuit in Florida to extend registration for voting in the 2018 midterms before checking in on the Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.

Then it’s time to tackle the ethics complaints filed against Brett Kavanaugh and referred out by Supreme Court Chief Justice John Roberts to the Court of Appeals for the Tenth Circuit.

Finally, we end with an all new Thomas Takes The Bar Exam #97 regarding the tort of negligent misrepresentation. Thomas needs to go 4-for-4… can he do it? You’ll have to listen and find out! And, of course, if you’d like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag. We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Appearances

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links

This episode is sponsored by Audible! Go to audible.com/lawpod or text lawpod to 500500 for the 30-day trial and free audiobook!

Click here to read the court’s denial of the TRO filed by the Democratic Party’s in Florida to extend registration for voting in the 2018 midterms.
And click here to read the newly-filed Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.
We first discussed the Code of Judicial Ethics on Episode 193.
This is the Roberts letter referring the Kavanaugh complaints to the Court of Appeals for the Tenth Circuit.
Click here to read the Rules of Judicial Conduct and Judicial Disability, with proposed changes.
The law we discussed is 28 U.S.C. § 351 et seq.
WHAT YOU CAN DO! Click here to comment on the proposed changes to the Rules of Judicial Conduct and Judicial Disability.
And if you want to apply to work for Fix The Court, check out their notice here.

Support us on Patreon at: patreon.com/law

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

October 8, 2018October 9, 2018

OA216: Court Packing & More (w/guest Chad Schneider)

Today’s (thankfully) Kavanaugh-free episode takes a look at Florida Governor Rick Scott’s blatant court packing attempt with the Florida Supreme Court, and the lawsuit filed by Common Cause to try and stop him. What will happen? Listen and find out!

First, though, we begin by revisiting our controversial episode (197) on 3-D printed guns by bringing on a real-life expert in 3-D printing to handle some technical questions and understand the arguments and counter-arguments regarding the proliferation of cheap and dangerous handguns.

After that, we delve into Florida Gov. Rick Scott’s transparent attempt to game the system to pack the Florida Supreme Court. What does this mean for “Constitutional Hardball” and the state of the law in Florida? Listen and find out!

Then, we give you a brief preview of next week’s story on California’s net neutrality law.

Finally, we end with an all new Thomas (and Chad) Take The Bar Exam #96 regarding the breach of an employment contract. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links