LIHEAP – Opening Arguments

Topics of Discussion:

[Show Intro]

Thomas: Hello and welcome to Opening Argument! This is episode 334, I’m Thomas Smith, that’s Andrew Torrez! How’re you doing Andrew?

Andrew: I am doing fantastic Thomas! We just recorded episode 35 of Law’d Awful Movies!

Thomas: Ha-hah!

Andrew: We watched the pilot of Bluff City Law and, you know, they’re all great.

Thomas: [Laughs]

Andrew: All of our Law’d Awful Movies are great, I dunno, I felt like this was a pretty good episode.

December 5, 2019December 5, 2019

Transcript of OA338: Nondelegation and the “Administrative State”

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas: Hello and welcome to Opening Arguments, this is episode 338, I’m Thomas Smith, that over there is P. Andrew Torrez, esquire. How ya doing?

Andrew: I am fantastic Thomas, how are you?

Thomas: I am probably still stuffed with non potato skin mashed potatoes.

Andrew: [Laughs]

Thomas: Just pure, directly into my arteries. That’s another reason you don’t want the skins in there, ‘cuz it’s just going in your bloodstream, it’s just so much potatoes, just part of my circulatory system.

December 2, 2019December 3, 2019

OA338: Nondelegation and the “Administrative State”

Today’s episode takes a deep dive into the nondelegation doctrine in light of a recent Kavanuagh comment on a case… in which the Supreme Court didn’t even grant certiorari. Is Andrew panicking? (No.) Listen and find out why not!

We begin, however, with a brief Andrew Was Wrong on taxation that calls back to OA 336. How exactly is stock income taxed? Listen and find out!

Then, it’s time for the main segment, which is a deep dive into the “administrative state” and specificially the “nondelegation doctrine” at issue in U.S. v. Gundy. Why did this last week signal the beginning of the end for Andrew & Thomas? Listen and find out!

After all that, it’s time for a listener question/comment on LIHEAP that helps contextualize how this program works in low-income communities. You won’t wan’t to miss it!

Then, of course, it’s time for #T3BE — the answer to Thomas Takes the Bar Exam #155 about a tenant who takes possession of an apartment only to find the previous tenant still inside. How can.. the landlord win? Listen and find out!

Appearances

Thomas was just the main guest on Episode 498 of the Cognitive Dissonance podcast, and Thomas and Andrew make additional appearances to roast and be roasted for Vulgarity for Charity. 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

For an update on Chevron deference, check out our Episodes 40 and 136.
In terms of Auer deference, check out our explainers in Episode 266 and 293.
To get up to speed on the nondelegation doctrine, read Gundy v. U.S., 139 S.Ct. 2116 (2019).

-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!

Download Link

November 18, 2019November 19, 2019

OA334: IVF, LIHEAP & the Russians

Today’s episode features a deep dive into what used to be a core Republican program, the Low-Income Home Energy Assistance Program, or LIHEAP. Did you know that every year, over a thousand people — most of them with homes — freeze to death in the U.S.? Did you know that both political parties used to want to do something about that?

We begin, however, with some listener feedback from our popular recent Episode 330 in which we broke down a recent decision by the Connecticut Supreme Court regarding “pre-embryos” and in vitro fertilization (IVF). Hear from a published scientist and an IVF mom!

Then, it’s time for our deep dive into LIHEAP, 42 U.S.C. § 8621 et seq. You’ll learn all about the problem of home heating in this country and what we do about it… at least for now. You’ll also learn exactly how much the Trump administration would like to fund this program, which you won’t be surprised to learn is $0.

But that’s not all! Our “C” segment features a lengthy explanation from election law expert Beth Kingsley who answers the question “Could Donald Trump just hire Vladimir Putin to work on his 2020 re-election campaign if he discloses it?” The answer is more complicated than you’d expect and just might surprise you.

After all that, it’s time for the answer to Friday’s #T3BE 153 about the admissibility of a doctor’s note in court. Will Thomas get this one right?? Listen and find out!