Transcript of OA359: The Equal Rights Amendment (ERA) & Baseball Law!

Listen to the episode and read the show notes

Topics of Discussion:

Thomas:         Hey listeners, I’ve got a really exciting announcement!  Opening Arguments is now on YouTube.  We’ve made our first video on the Opening Arguments YouTube channel and it was a lot of fun.  The idea just really quickly is to try to use some humor and maybe potentially some viral aspects to try to gain some attention, to draw people to the show, maybe reach a new audience because I for one firmly believe that Andrew is just teaching us so much here and I wanna spread the word, I wanna get more people engaged so the way we’re trying to do that is to branch out, reach some people on YouTube. 

We would love your help to share the video if you enjoy it and get more people.  Subscribe to the channel, anything that kind of boosts the YouTube channel.  The link will be in the show notes, I hope you like the video.  If you’d like to just go to the channel it’s  Either way, thank you so much, I hope you check it out and I hope you like it, and now on with the show!

Continue reading “Transcript of OA359: The Equal Rights Amendment (ERA) & Baseball Law!”

OA359: The Equal Rights Amendment (ERA) & Baseball Law!

Make sure to check out our YouTube video and subscribe to the channel!

Today’s EXTRA LONG episode breaks down the recent ratification of the Equal Rights Amendment (ERA) by the State of Virginia. Since that’s the 38th state (more than 3/4ths of the states), and the ERA also passed the Senate and the House of Representatives by more than 2/3 margin… does that mean that the ERA is now part of the Constitution? Listen and find out!

We begin by diving right in to the ERA, starting with a lengthy deep dive into the history of the Amendment dating back to the early 1970s… which might make you nostalgic for the Republicans of old.

Then, we talk about the complicated issues underlying the passage of the ERA, including the strange case of the 27th Amendment which lay dormant for two centuries before getting ratified by 3/4ths of the states in 1992. And if the 27th Amendment can lay dormant for more than 200 years, why can’t the ERA? Well… we’ll tell you some of the reasons why (and why not).

After that, it’s time to break down the Houston Astros cheating scandal, where we talk about our listeners’ favorite topic: baseball law! Even if you’re not a fan of baseball, we think you’ll enjoy our breakdown.

And after all that, it’s time for the answer to #T3BE 165 involving jury instructions. Can Thomas keep his winning streak going?? There’s only one way to find out!


None! If you’d like to have either of us as a guest on your show, drop us an email at

Show Notes & Links

  1. To catch up: We discussed Amendment 27 way back in Episode 11, and the Munsingwear doctrine in Episode 181.
  2. The Supreme Court last weighed in on the Equal Rights Amendment in 1982. The two cases we discuss in context are Dillon v. Gloss, 256 U.S. 368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).
  3. Baseball law references: Check out the story in the Athletic quoting Mike Fiers that started it all; this CBS article on how Tyler Glasnow “was tipping his pitches”; the results of the MLB investigation; and the MLB Constitution.

-Support us on Patreon at:

-Follow us on Twitter:  @Openargs

-Facebook:, 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!

Download Link