Tag: #OpposeJustinWalker

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OA384: Bridgegate Apparently Was Fine

Today’s episode updates you on all the recent goings-on at the Supreme Court, including the advent of new, social-distancing-approved oral arguments, the Court’s calendar, and today’s 9-0 reversal in Kelly v. U.S., the Bridgegate case. Oh, and while we’re at it, we also take on two lengthy Andrew Was (Sort of) Wrong segments! Phew!

We begin with a discussion of the new procedures for SCOTUS oral arguments, and give an apology to Clarence Thomas, who’s now engaged and asking questions after decades of silence on the bench. After that, it’s time to take a look at the SCOTUS calendar where we check out some suspicious timing regarding the non-release of the Title VII cases as well as 10 pending gun control cert petitions.

Then, it’s time for a deep dive into Kelly v. U.S., which we last covered in Episode 232. Andrew thought the 3rd Circuit’s analysis of “property” was plausible in that episode… and just got reversed 9-0 by a unanimous Supreme Court. Whoops!

As long as Andrew Was Wrong, how about we check back in on Andrew Yang’s lawsuit against the DNC, in which Yang (despite “not having a great case,” according to Andrew in Episode 382) nevertheless managed to secure an injunction from the Southern District of New York. Find out where this case is headed, what’s next, and why Andrew is STILL right, sort of….

Finally, Andrew Was… not wrong, exactly, but Flabbergasted that the American Bar Association reversed itself, finding Justin Walker “Well Qualified” for serving on the U.S. Court of Appeals for the D.C. Circuit. Andrew, on the other hand, continues to rate Walker “Not Qualified,” as per Episode 289.

After all that, it’s time for a brand-new #T3BE involving a nuisance plant next to a mini-golf park. Will Thomas’s winning streak continue?

Patreon Bonuses

If you missed our live Q&A, you can check out the audio here!

Appearances

Andrew was just a guest on Episode 204 of The Daily Beans, talking justiciability. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read the Supreme Court’s opinion in Kelly v. U.S., and here to listen to our coverage of the Third Circuit’s opinion in Episode 232.
  2. Check out the district court’s injunction in favor of Andrew Yang reinstating the New York Democratic primary.
  3. You can check out the ABA’s “Not Qualified” ranking of Walker in 2019 and match it against their new “Well Qualified” letter here. For more on why you should #OpposeJustinWalker, check out Episode 289.

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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Transcript of OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)

Listen to the episode and read the show notes

Topics of Discussion:

[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 377!  I’m Thomas Smith, that’s Andrew Torrez.  How’re you doing, Andrew?

Andrew:         I am fantastic, Thomas, and I sincerely mean that!  Comnin’ off of a great interview with Andrew Seidel last week, we’ve got AG from Mueller She Wrote this week, I couldn’t be happier!

Thomas:         Not only that, we’ve got a rare two-guest show because Andrew, of course, is going to be back with us for the thrilling conclusion of T3BE, but also as you mentioned, AG from Mueller She Wrote is on for the main segment, so wow, how fun!  You know, we’re trying to keep our – we’re all quarantined but we’re keeping our interactions up!

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OA377: Trump’s Pyramid Schemes and Arbitration (feat. AG!)

Today’s episode features one of our most-requested return guests, AG of the Mueller She Wrote and Daily Beans podcasts. AG joins us for “Below the Radar,” stories that you might have missed while your eyes glazed over during the 11th consecutive coronavirus press conference.

We begin, however, with a nice grab-bag of Andrew Was Rights (and Wrongs, sadly) from the Carolinas to Illinois to the CARES Act to the sad and perhaps inevitable ascension of 37-year-old Federalist Society hack Justin Walker, Andrew Was… Something.

After that it’s time to welcome on AG to discuss a recent ruling requiring the Trump crime syndicate in both their individual and corporate capacities to actually litigate claims rather than shunt them off into arbitration. Andrew and AG break down the significance of last week’s ruling, which may have flown… Under The Radar (TM).

Then, it’s time for the answer to #T3BE 173 involving an auto accident, contributory negligence, and one of our favorite lawyers. Did Thomas and Andrew get it right? Listen and find out!

Patreon Bonuses

We just did an amazing SIO crossover with an Australian lawyer on the Cardinal Pell decision, and don’t forget you can also participate in the Transformers coloring book challenge! And, if you missed it, don’t forget to listen to the audio from March’s LIVE Q&A and Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides! PHEW!

Appearances

Andrew was just a guest host on the Talk Heathen live call-in show, so you can see how he handles religious apologists. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We broke down the CARES Act in Episode 372, and you can check out the final “no offset” provision here, on p. 154.
  2. For more on Justin Walker, check out his debate with Andrew on Episode 224 and our breakdown of his lack of qualifications to serve on the federal bench in Episode 289.

-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

-Remember to check out our YouTube Channel  for Opening Arguments: The Briefs and other specials!

-And finally, remember that you can email us at openarguments@gmail.com!



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OA289: #OpposeJustinWalker

Today’s episode — #OpposeJustinWalker — tells you everything you need to know about Donald Trump’s latest nominee for a lifetime appointment to the federal bench (and Andrew’s former debate opponent) Justin Walker. You already know he’s a lifelong member of the Federalist Society. Why is it specifically worth opposing him? Listen and find out!

First, though, the guys break down the Supreme Court’s 7-2 ruling in U.S. v. Gamble, affirming the “dual sovereignty” doctrine and finally putting the last nail in the coffin of a crazy lefty conspiracy theory we debunked way back in Episode 215. And, as a bonus (?), we find out why Clarence Thomas’s concurrence is “the most horrifying thing in print in the past 50 years.” Seriously!

After that breakdown, it’s time to analyze the background and writings of Justin Walker. We learn that he has virtually no litigation experience and that he’s a right-wing ideologue; you probably expected that. But you’ll also learn that his two major contributions to academic jurisprudence are (1) arguing that transparency in government is a bad, possibly unconstitutional thing; and (2) arguing that the FBI Director has a moral obligation to be the President’s lackey. We are not making any of this up.

Then, it’s time for Thomas Takes The Bar Exam and a question on the propriety of a introducing a particular fact into evidence as the predicate for a cross-examination question. Is it hearsay? Is it impeachment? Is it just hunky-dory? Listen and find out!

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 discussed the American Legion v. AHA Bladensburg cross case in OA Episodes 256 (with Sarah Henry of the AHA) and Episode 274 with Monica Miller. Monica IS coming back on the show!
2. Click here to read Gamble v. U.S. which we first discussed in OA 215.
3. Andrew debated Justin Walker in Episode 224.
4. This is his announcement.
5. You can read Walker’s CV here.
6. Of Justin Walker’s law review articles, click here to read “Chilled Chambers” and here to read “FBI Independence as a Threat to Civil Liberties: An Analogy to Civilian Control of the Military”.
7. By the way, this is the link to the FBI investigating Deutsche Bank in connection with Jared Kushner.
8. Finally, this is Walker’s National Review article.

-Support us on Patreon at:  patreon.com/law

-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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