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

  1. 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!!
  2. We last discussed the census question and the Supreme Court’s opinion in Dep’t of Commerce v. New York in Episode 292.
  3. 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.
  4. This is the text of Rule 62.1, which was certainly new to Andrew.
  5. This is a transcript of the second night of the Democratic debate, which contained Bernie Sanders’s Supreme Court answer.
  6. 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.
  7. 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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OA230: TOO MUCH MEAT!

Today’s deep-dive Tuesday tackles that viral case caption you’ve probably seen floating around Twitter:  “United States v. 1,855.6 pounds of American Paddlefish Meat.”  Is the sack of fish meat really going to have to show up in court?  Will it have a lawyer??!?  Listen and find out!

We begin, however, with a roundup of all the lawsuits filed against Matthew Whitaker, including the most recent one brought by Senators Blumenthal and Hirono.  Oh, and we check with an op-ed written by… the Torture Guy?  What’s going on here??

The main segment delves into in rem jurisdiction in order to explain the “paddlefish meat” caption.  If you like legal minutiae — and let’s be honest, you’re listening to this podcast — you’ll love this segment.

Then, it’s time for a truly great listener question holding Andrew’s feet to the fire on Net Neutrality and the Munsingwear doctrine.  It’s not an Andrew Was Wrong, but it is an… Andrew Could Have Explained That Better?  Either way, you won’t want to miss it.

Finally, we end with the answer to Thomas Takes The Bar Exam #102 on hearsay.  Find out if Thomas’s coin can pass the bar exam!  And 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. Click here to check out Lawfareblog’s clearing house for Whitaker complaints, and click here to read John Yoo’s (surprising) op-ed arguing that Whitaker’s appointment was illegal.
  2. If you want to read the actual meat filing, click here.
  3. Special shout-out to law professor Brian L. Frye for tipping us off to United States v. 43 1/2 Gross Rubber Prophylactics!

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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