Tag Archives: preliminary injunction

OA197: Undetectable, Untraceable, 3-D Printed Guns

Today’s Rapid Response Friday breaks down all of the legal wrangling regarding the Trump Administration’s secret settlement with a self-described “crypto-anarchist” who uploaded material that allows anyone with access to a 3-D printer to make their own plastic, undetectable, untraceable firearm.

We begin, however, with a  listener who’s considering coming over to the “dark side” and wants an honest answer about getting electoral help from overseas.  What if the Irish want to help elect Liz Warren in 2020?  Listen and find out!

The main segment breaks down the “Defense Distributed” settlement and subsequent litigation — and along the way you’ll learn about Cold War arms sales, the Export Control Act, F-15s, Richard Nixon, and… well, let’s just say there’s a lot on the table!

Finally, we end with an all new Thomas Takes The Bar Exam #87 regarding a state supreme court ruling over whether witnesses must face their accusers.  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 most recently discussed election law and the relevant statute, 52 U.S.C. § 30121, back in Episode 116 with Beth Kingsley.
  2. The seminal Foreign Affairs (1982) article referenced by Andrew is here; and you can also verify the current arms sales numbers from this report in Newsweek.
  3. This is the confidential Trump administration’s settlement with Defense Distributed; here is the Complaint filed by 8 states, along with the opposition brief filed by Wilson as well as the one filed by the Government.  Ultimately, the Court granted the TRO.
  4. You can read the Arms Export Control Act, 22 U.S.C. § 2751 et seq., and the implementing regulations at 22 C.F.R. § 125.4(b).
  5. The Pentagon Papers case is more formally known as New York Times Co. v. U.S., 403 U.S. 713 (1971).
  6. Here’s a Harvard Law Review article summarizing Wilson’s loss at the 5th Circuit.
  7. Finally, check out the author note for (but please do not buy!) the Anarchist Cookbook, for sale on Amazon.

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OA179: Abortion and Plea Bargaining

Today’s episode takes a deep dive into two developments concerning the right to an abortion in the U.S., followed by our continuing discussion on plea bargaining with listener comments from prosecutors, public defenders, the U.S. judiciary, and even international listeners.  You won’t want to miss it!

We begin with an in-depth examination of the so-called “gag rule” just proposed by Trump’s Department of Health and Human Services.  Is it really a gag rule?  (Yes.)

After that, we look into the Supreme Court’s recent decision not to grant certiorari in Planned Parenthood v. Jegley, allowing an 8th Circuit decision to stand that, in turn, denied a preliminary injunction blocking a restrictive Arkansas abortion law, HB1394.  Is this a bad sign?  (Yes.)

After that, we return to the subject of plea bargaining that’s been a hot topic in our inbox for weeks, capped off by the Iowa Supreme Court’s discussion of the issue in  Schmidt v. Iowa.

Finally, we end the answer to Thomas Takes The Bar Exam #78 regarding whether the jury can read a treatise on mill grinding.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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. For context on the Trump HHS gag rule, you can read Title X, 42 USC § 300 et seq.
  2. Planned Parenthood v. Jegley, 864 F.3d 953 (8th Cir. 2017), denied a preliminary injunction, allowing HB1394 to take effect.  You can read the cert petition here.
  3. If you’re feeling good about Schmidt v. Iowa and need to be reminded that “actual innocence” is not a ground for federal habeas corpus relief, check out Herrera v. Collins, 506 U.S. 390 (1993).

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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