Rick Scott – Opening Arguments

October 25, 2018October 26, 2018

OA221: Elections Have Consequences, Florida Edition

Today’s Rapid Response Friday takes us back to a well-worn trope here at OA that we can’t emphasize enough in late October: elections have consequences! Specifically, we take a look at the importance of past and future elections in the pivotal swing state of Florida.

We begin, however, with a quick statement on the Trump administration’s apparently-leaked policy regarding trans people and some new developments.

After that, it’s time for the ever-popular Andrew Was Wrong segment, with two things that.. well, Andrew got wrong: Whitewater and Paul Manafort (!)

Then it’s time for a deep dive into the Florida Judicial Nominating Commission and various constitutional amendments that are on the ballot this November, including one that takes a swipe at our favorite doctrine.

But that’s not all! We move on to discuss 202 Democratic Presidential Candidate Michael Avenatti. It’s not pretty.

Finally, we end with an all new Thomas Takes The Bar Exam #99 regarding criminal procedures. After getting it wrong last week, Thomas needs to go 2-for-2 to get to the coveted “60% at the half” — can he do it?!?? You’ll have to listen and find out! And, of course, if you’d like to play along with us, 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!

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

For more on the history of jury sentencing at the state level, check out this 2011 law review article by Melissa Carrington that’s well worth a read.
Click here to read the Tampa Bay Times article suggesting that the next court nominee is going to be a conservative regardless of the election; here for the official Florida government website describing how the JNC is selected; and here for an in-depth discussion of the history of the changes to that process.
This is Detzner v. Anstead, the Florida Supreme Court decision we discussed regarding bundled amendments, and you can click here to read the text of the proposed Florida amendments.
Click here to read the Grassley referral of Avenatti and Sweatnick to the DOJ. And we broke down the Avenatti-Frank lawsuit first in OA Episode 181.

Support us on Patreon at: patreon.com/law

Facebook: https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

Download Link

October 11, 2018October 12, 2018

OA217: Can Ethics Complaints Take Down Kavanaugh?

Today’s Rapid Response Friday follows up on the State of Florida and… sadly… returns one last time to the story of Brett Kavanaugh and the ethics complaints lodged against him and referred to the Tenth Circuit. Oh, and we give you real stuff you can do to make a positive difference! You have to listen!

We begin with a follow-up to Tuesday’s episode where we break some news regarding the Democratic Party’s lawsuit in Florida to extend registration for voting in the 2018 midterms before checking in on the Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.

Then it’s time to tackle the ethics complaints filed against Brett Kavanaugh and referred out by Supreme Court Chief Justice John Roberts to the Court of Appeals for the Tenth Circuit.

Finally, we end with an all new Thomas Takes The Bar Exam #97 regarding the tort of negligent misrepresentation. Thomas needs to go 4-for-4… can he do it? You’ll have to listen and find out! And, of course, if you’d like to play along with us, 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!

Appearances

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links

This episode is sponsored by Audible! Go to audible.com/lawpod or text lawpod to 500500 for the 30-day trial and free audiobook!

Click here to read the court’s denial of the TRO filed by the Democratic Party’s in Florida to extend registration for voting in the 2018 midterms.
And click here to read the newly-filed Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.
We first discussed the Code of Judicial Ethics on Episode 193.
This is the Roberts letter referring the Kavanaugh complaints to the Court of Appeals for the Tenth Circuit.
Click here to read the Rules of Judicial Conduct and Judicial Disability, with proposed changes.
The law we discussed is 28 U.S.C. § 351 et seq.
WHAT YOU CAN DO! Click here to comment on the proposed changes to the Rules of Judicial Conduct and Judicial Disability.
And if you want to apply to work for Fix The Court, check out their notice here.

Support us on Patreon at: patreon.com/law

Facebook: https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com

Download Link

October 8, 2018October 9, 2018

OA216: Court Packing & More (w/guest Chad Schneider)

Today’s (thankfully) Kavanaugh-free episode takes a look at Florida Governor Rick Scott’s blatant court packing attempt with the Florida Supreme Court, and the lawsuit filed by Common Cause to try and stop him. What will happen? Listen and find out!

First, though, we begin by revisiting our controversial episode (197) on 3-D printed guns by bringing on a real-life expert in 3-D printing to handle some technical questions and understand the arguments and counter-arguments regarding the proliferation of cheap and dangerous handguns.

After that, we delve into Florida Gov. Rick Scott’s transparent attempt to game the system to pack the Florida Supreme Court. What does this mean for “Constitutional Hardball” and the state of the law in Florida? Listen and find out!

Then, we give you a brief preview of next week’s story on California’s net neutrality law.

Finally, we end with an all new Thomas (and Chad) Take The Bar Exam #96 regarding the breach of an employment contract. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links