Tag Archives: immigration

OA191: Fact and Fiction About Brett Kavanaugh

Today’s Rapid Response Friday does not take a victory lap about our successful prediction that Brett Kavanaugh would be Donald Trump’s next nominee to the Supreme Court (but seriously, we called that right, y’all.)  Instead, Andrew and Thomas break down some of the current stories surrounding Kavanaugh to separate  fact from fiction and try and articulate the best mainstream case against confirming Kavanaugh to the Supreme Court.

In the pre-show, we give a shout-out to everyone who made the Opening Arguments Wiki possible — go check it out!  It’s amazing!

After that, Andrew Was Wrong returns with a clarification from Episode 187 where Andrew misspoke.  And also, the guys have a slight laugh at Andrew’s inability to pronounce locations of things.

The main segment tackles a bunch of current stories surrounding Judge Kavanaugh, including:  (1) the allegation that Judge Kavanaugh has concluded that sitting Presidents can’t be indicted; (2) the Yale open letter opposing his nomination; (3) a truly stupid article in The Hill arguing for a lawsuit to block Kavanaugh; (4) the potential conflict of interest with Kennedy’s retirement; and (5) the notion of “packing the Court” in 2020.  Phew!

Next, Andrew gives us an eight-second sneak peek at a court’s refusal to permit the Trump administration to modify the Flores settlement and why that’s good news.

Finally, we end with an all new Thomas Takes The Bar Exam #83 involving spousal privilege.  If you’d like to play along, 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!

Recent Appearances

Andrew was just a guest co-host on Episode 75 of the Skepticrat podcast; go check it out!  Also, Andrew will be discussing Judge Kavanaugh with conservative talk show host Chuck Morse.  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 starters, here is the Tweet from Alexandria Ocasio-Cortez we criticized, along with the pretty funny humor piece from Andy Borowitz.
  2. You should definitely read Kavanaugh’s 2009 Law Review article “Separation of Powers During the Forty-Fourth Presidency and Beyond” in the Minnesota Law Review.
  3. This is the Yale Open letter.
  4. This is the dreadful Ken Levy article in The Hill that Andrew debunks.
  5. These are the actual Senate Rules, and remember that we broke down the “nuclear option” way back in Episode 59.
  6. On Anthony Kennedy’s negotations, check out Rule 3(C)(1) of the Code of Conduct for U.S. Judges, which we previously discussed in Episode 129.
  7. As homework for next week, read the Court’s order denying the Trump Administration’s request to modify the Flores settlement, which we first covered in Episode 184.
  8. Finally, NEVER ENDING FAME AND FORTUNE goes to:Paul Duggan, Zach Aletheia, Eric Brewer, Teresa Gomez, Andrew Hamilton, Robin Hofmann, and Beverly Karpinski-Theunis for creating the OA Wiki!

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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OA184: Families at the Border

Today’s Rapid Response Friday helps separate fact from fiction when it comes to the heartwrenching issue of families being separated at the border.  Is the Trump administration to blame?  Did the recent Executive Order fix the problem?  Listen and find out.

First, though, we bring back (almost) everyone’s favorite segment:  Andrew Was Wrong!  Specifically, Andrew was wrong when he predicted back in Episode 83 that Maajid Nawaz didn’t have much of a defamation case against the Southern Poverty Law center, and in Episode 84 that he didn’t have much leverage, either.  Well, both of those predictions looked foolish now that the SPLC has agreed to pay Nawaz $3,375,000 and issue an unconditional apology.

In the main segment, we break down Trump’s EO regarding separating families at the border and requesting a modification to the Flores v. Reno settlement.  It’s bad.  And if it weren’t bad enough, we also discuss the administration’s change in asylum policy.

After that, we discuss the Supreme Court’s recent opinion in Pereira v. Sessions.  Surely that can’t be bad news, too?  (Don’t call us Shirley.)

Finally, we end with an all new Thomas Takes The Bar Exam #81 involving the constitutionality of a state legislature retaliating against two professors for pushing campus speech codes.  Have we piqued your interest yet?  Listen and find out!  And if you’d like to play along , 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!

Recent Appearances

Andrew was recently a guest on the David Pakman Show, with a two-part appearance discussing whether President Trump can be indicted and if so, whether he can pardon himself.  You can watch the video on YouTube.

Show Notes & Links

  1. We first discussed Maajid Nawaz’s legal threats in Episode 83 and Episode 84.  You can read the final Settlement Agreement for yourself as well as check out the SPLC’s apology to Nawaz.
  2. Click here to read the Snopes article conclusively debunking the political claim that this policy was put into place “by Democrats.”
  3. You can read Trump’s recent Executive Order and also check out the original 1997 Flores v. Reno settlement.
  4. The operative laws discussed during the main segment were:  8 U.S.C. § 1158 (asylum); 8 U.S.C. § 1325 (“improper entry by alien”); and, of course, 18 U.S.C. § 46 (“transportation of water hyacinths”).  You can also read the Attorney General’s Interim Decision #3929 on refugees for yourself.
  5. As promised, this is the full list of Class B federal misdemeanors.
  6. We also discussed this Washington Post article on refugees being turned away at the border.
  7. This is the Supreme Court’s recent opinion in Pereira v. Sessions.
  8. Finally, a secret Yodel for you folks who read the show notes:  here’s the link to the news that Michael Cohen’s fired his old lawyers (McDermott, Will & Emery) and hired a new one (Guy Petrillo).  What does this mean?  Only time will tell.

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



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