Tag Archives: Masterpiece Cakeshop

OA187: Lowering the Lukumi Bar?

Today’s Bonus Episode asks if there’s a way to make sense of the Supreme Court’s Lukumi jurisprudence in light of this week’s rulings in Trump v. Hawaii (the Travel Ban), Masterpiece Cakeshop, and the somewhat surprising decision to remand the Arlene’s Flowers case back to the state of Washington.

We begin, however, by checking in with the Southern District of New York’s Order approving the Taint Team’s review of documents seized from Michael Cohen’s offices by the Department of Justice.  How many documents did the Team recommend the Court withhold as privileged?  The answer may surprise you!

After that, we revisit the thesis advanced by Andrew Seidel in Episode 180 that the Supreme Court’s decision in Masterpiece Cakeshop might result in a more vigorous application of its 1993 decision in Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993).

Next, we break down the Supreme Court’s 5-4 decision in NIFLA v. Becerra, in which the Court struck down a California law regulating so-called “crisis pregnancy centers.”

After all that, we end with an all new Thomas Takes The Bar Exam #82 involving the legality of a search for heroin.  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

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. Check out the Southern District of New York’s Order regarding Cohen’s meager haul of privileged documents.
  2. Andrew Seidel set forth his “Lukumi bar” thesis in Episode 180; you can read Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993) for yourself and then compare it with both Trump v. Hawaii and Masterpiece Cakeshop.
  3. We discussed Planned Parenthood v. Casey at length in a two-part series:  Episode 27 and Episode 28; you might want to compare the statute approved in that case with the one struck down by the Court in NIFLA v. Becerra.

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OA180: Masterpiece Cakeshop

Join us for an early Rapid Response Friday, in which we break down the Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission.  To tackle a topic this big, we needed a little extra help, so we brought back our favorite guest, Andrew Seidel, attorney with the Freedom From Religion Foundation.  But that’s not all!  We recorded so much information that we decided to do a crossover episode with Serious Inquiries Only, so you can have over two hours of Andrew-on-Andrew (and Thomas!) action.

We begin, however, on Yodel Mountain, with two pieces of news arising out of Paul Manafort’s criminal trial.  Is Paulie M going to jail?  Did he engage in illegal witness tampering?  Did he back up his encrypted WhatsApp messages on an unencrypted iCloud?  Listen and find out!  We also delve into Manafort’s response to the press’s motion to unseal the Mueller investigation documents first discussed in Episode 168.  And, as long as we’re yodeling, we might as well catch up on what’s going on in the Summer Zervos lawsuit first discussed in Episode 176.

After that, it’s time to figure out exactly what’s going on in Masterpiece Cakeshop.  Is this a narrow decision?  Is it a win for anti-LGBTQ forces?  Is it a nothing-burger?  Listen and find out!

Finally, we end with an all new Thomas Takes The Bar Exam #79 about the real property conveyance to a church.  Yes, it’s more 13th-Century Saxony law!  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 and Andrew continued to talk Masterpiece Cakeshop on Serious Inquiries Only, and Andrew was a guest talking the same thing on Episode 177 of The Scathing Atheist.

Show Notes & Links

  1. Here’s the government’s motion to revoke Paul Manafort’s pretrial release.  Witness tampering is a crime under 18 U.S.C. § 1512.
  2. We first discussed the press’s motion to unseal the Mueller investigation documents in Episode 168, and the Summer Zervos lawsuit back in Episode 176.
  3. We’ve uploaded Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission so you can read it for yourself.
  4. If you love Andrew Seidel, you might want to go back to his  FIVE previous appearances on the show, Episode 82 (on Trinity Lutheran), Episode 85 (which was originally a Patreon-only exclusive),Episode 111Episode 131, and most recently, Episode 171.
  5. Finally, please consider supporting the Freedom From Religion Foundation.

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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OA171: Andrew Seidel Joins the Five-Timers Club

Today’s episode welcomes back one of our favorite guests — and the show’s only five-time guest, Andrew Seidel, attorney with the Freedom From Religion Foundation.

Together, Andrew, Andrew, and Thomas tackle a bunch of church and state separation issues.  First, they break down Andrew Seidel’s recent success in convincing the New Jersey Supreme Court to strike down a grant program that spent taxpayer dollars rebuilding churches and saved the citizens of New Jersey more than a quarter of a billion dollars!

Then, the gang does a deep dive into a pending law in Kansas that would permit adoption agencies within the state to discriminate on the basis of sexual orientation (or anything else that offended the organization’s… wait for it… sincerely-held religious beliefs).

Finally, we end with the answer to Thomas (and Andrew!) Take The Bar Exam question #74 about the admissibility of evidence.  Don’t forget to following our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was the recent guest masochist on Episode 141 of the God Awful Movies podcast, reviewing “Cries of the Unborn.”  Check it out!

Show Notes & Links

  1. Click here to read the Morris County Opinion discussed during the “A” segment.
  2. And if you want to see the legislative notes from the Kansas adoption bill, you should click here.
  3. We broke down the Masterpiece Cakeshop case in Episode 105, and you can follow along with the guys by reading the transcript of the Masterpiece Cakeshop oral argument before the Supreme Court!
  4. If you love Andrew Seidel, you might want to go back to his  FOUR previous appearances on the show, Episode 82 (on Trinity Lutheran), Episode 85 (which was originally a Patreon-only exclusive),Episode 111, and most recently, Episode 131.
  5. Finally, please consider supporting the Freedom From Religion Foundation.

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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