Tag Archives: Obergefell v. Hodges

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.

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OA186: Anthony Kennedy & the Future of the Supreme Court

Today’s Rapid Response Friday comes after a busy week at the Supreme Court, capped off by the (somewhat) surprising announcement that Associate Justice Anthony Kennedy intends to retire as of July 31, 2018.

We break down everything about this news, including:

  • What the Trump administration is likely to do next
  • Who President Trump might nominate to fill Kennedy’s spot
  • How the Democrats should respond
  • What the next Supreme Court might look like
  • How all of this plays in with the 2018 midterms and 2020 Presidential election
  • And much, much more!

We’re also going to bring you a bonus episode to make sure you’re fully informed as to all the other goings-on in the law this week!

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. We broke down the “nuclear option” in Episode 59.  Mitch McConnell announced that the Senate would not recess for the summer on June 5.
  2. Here are the (generally reliable) Cook Political Report ratings of the 2018 Senate races.
  3. This is the Mother Jones article on Anthony Kennedy’s 2017-2018 votes.
  4. This is the list of Trump’s 25 potential Supreme Court nominees.
  5. These are the resources discussed in the future segment, including the When Every Vote Counts law review article, the Slate article on 5-4 splits, and the SCOTUSBlog data regarding the 2017-2018 term.
  6. Finally, if you’re feeling nostalgic, you might want to reread Obergefell v. Hodges while it’s still good law.  An d if you’re feeling super optimistic, you can even check out the “Above the Law” blog post arguing that it will survive Kennedy’s departure (it won’t).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

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Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



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