Tag Archives: Kavanaugh

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!

  1. 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.
  2. And click here to read the newly-filed Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.
  3. We first discussed the Code of Judicial Ethics on Episode 193.
  4. This is the Roberts letter referring the Kavanaugh complaints to the Court of Appeals for the Tenth Circuit.
  5. Click here to read the Rules of Judicial Conduct and Judicial Disability, with proposed changes.
  6. The law we discussed is 28 U.S.C. § 351 et seq.
  7. WHAT YOU CAN DO!  Click here to comment on the proposed changes to the Rules of Judicial Conduct and Judicial Disability.
  8. And if you want to apply to work for Fix The Court, check out their notice here.

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OA215: Is Gamble v US the Real Reason Behind Kavanaugh?

Today’s Rapid Response Friday tackles the #1 emailed story to us this past week:  is the real story behind the Kavanaugh nomination that the Trump administration needs him on the Supreme Court to rule in Gamble v. U.S. regarding the dual sovereignty doctrine as it applies to double jeopardy?

We begin with a quick note about the New York Times story on Trump’s taxes which will be covered on Serious Inquiries Only.

Then it’s time to figure out this claim about Gamble v. U.S. that fact-checking website Snopes rated as “true.”  Is it, though?  (Hint:  no.)  We’ll tell you everything you need to know about the 5th Amendment’s double jeopardy clause and what it might mean for anyone Trump pardons once Kavanaugh gets to the Court.

And speaking of which, we segue from that claim to an update on all things Kavanaugh this week, including the Mitchell letter, the FBI investigation, Flake’s statements, and even (gasp!) an Andrew Was Wrong.

Finally, we end with an all new Thomas Takes The Bar Exam #96 regarding the breach of an employment contract, with next week’s guest Chad Schneider playing along.  Thomas needs to go 5-for-5… 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

  1. You can read the New York Times story on Trump’s taxes, and listen for Thomas’s take on Serious Inquiries Only.
  2. The leading case on the “dual sovereign” doctrine as applied to the double jeopardy clause is Heath v. Alabama, 474 U.S. 82 (1985).
  3. Click here to read the administration’s opposition brief in Gamble v. U.S., and here to check out the entire docket.
  4. This is the Jed Shugerman article we referenced regarding New York’s “dual sovereigns” law.

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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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OA210: Cash Bail, Glucksburg and More

Today’s episode takes two deep dives:  first, into California SB10, which eliminates the “cash bail” system of pretrial detention in California, and second, into the Supreme Court’s 1997 decision in Washington v. Glucksberg.  What does it all mean?  You’ll have to listen to know for sure!

We begin, however, with an update on Wells Fargo’s $1 billion remediation plan first discussed in Episode 169.

After that, we tackle California SB10, which is now law — even though it won’t go into effect until October of 2019.  Is this a good or a bad thing?  Would it change your mind to learn that the ACLU flip-flopped on this bill?  Listen and find out!

From there, we move into an in-depth analysis of Glucksburg and what it means for the future of the Supreme Court.

Then, we give you a little retroactive speculation regarding the possiblity that Paul Manafort might plead guilty.  Yes, it’s a living record of the fact that we record on Thursdays — but we think you’ll like the analysis anyway.

Finally, we end with Thomas Takes the Bar Exam Question #93 regarding double jeopardy.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27 at Impellizzeri’s Pizza; to attend, just RSVP on this Facebook link.

Show Notes & Links

  1. We first discussed Wells Fargo’s fine and remediation requirements in Episode 169; you can check the OCC’s News Releases for yourself to see when the rejection becomes public (if ever).  For now, we had to make due with this Reuters article.
  2. You can read California SB10, as well as check out the opposition from both Human Rights Watch and the ACLU.
  3. Here is the full decision in Washington v. Glucksberg, 521 U.S. 702 (1997).
  4. During the Glucksburg segment, we discussed Sen. Coons’s question to Kavanaugh about it, and, of course, Ted Cruz’s “Washington Generals” questions during the confirmation hearings.  Also, we referenced earlier written answers from Elena Kagan during her confirmation hearings discussing Glucksburg.
  5. Glucksburg was explicitly distinguished in the Obergefell decision.

Support us on Patreon at:  patreon.com/law

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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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