Tag Archives: roe v. wade

OA190: Good News, Everyone! (On Abortion Rights & More)

Today’s episode — at long last — brings us some good news from two rather unlikely sources:  first, from the state of Iowa (regarding abortion rights), and second, from the Republican-controlled Senate Intelligence Committee.  You won’t believe your ears!

We begin, however, with a segment that’s good news for everyone except Andrew:  yes, it’s the ever-popular Andrew Was Wrong.  This time, Andrew owns up to a serious mistake regarding the fingerprinting regulations at the border, and an almost-as-serious mistake regarding the bustling metropolis of Olathe, Kansas.

In the main segment, Andrew breaks down Planned Parenthood v. Reynolds, a recent state supreme court opinion invalidating a 3-day waiting period (with other onerous restrictions on abortion) that provides optimism and a way forward for progressives as we prepare for decades of a right-wing federal judiciary.  Find out how states can protect reproductive freedom and abortion rights separate from the U.S. Supreme Court.

After that, it’s time for a return trip to Yodel Mountain, where we check in on the Senate Intelligence Committee’s endorsement of the joint agency report from January 2017 concluding that the Russian government deliberately interfered in the US elections with a strong preference for Donald Trump to Hillary Clinton.

Finally, we end the answer to Thomas Takes The Bar Exam #83 regarding the tort of assault and an unloaded firearm.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Andrew was just a guest co-host on Episode 75 of the Skepticrat podcast; go check it out! And 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. Click here to read the Planned Parenthood v. Reynolds opinion.
  2. For future activism, click this link to determine whether your state has elected or appointed state supreme court judges.
  3. The Intelligence Community Assessment is here; you can also read the Senate Intelligence Committee’s report validating that assessment here.

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OA189: Supreme Court Justice Brett Kavanaugh

Today’s Rapid Response Friday gives you a sneak preview of what to expect from the person we predict will become Donald Trump’s next nominee to the Supreme Court, Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit.

We discuss:

  • Why it’s likely to be Kavanaugh and not any of the other rumored contenders, especially flavor-of-the-minute Amy Coney Barrett
  • Kavanaugh’s view of the First Amendment’s establishment clause and the future of Lemon v. Kurtzman
  • Kavanaugh’s views on abortion
  • How Kavanaugh differs (and how he doesn’t!) from Neil Gorsuch when it comes to Chevron deference
  • The weird conservative hit squad out to get Kavanaugh
  • And much, much more!

After all that, we end with an all new Thomas Takes The Bar Exam #83 involving assault with an unloaded gun.  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

Thomas was just a guest on Episode 421 of the Cognitive Dissonance Podcast.  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. If you want a head start on Tuesday’s show, check out the just-released Senate Select Committee on Intelligence report.
  2. This is the Notre Dame speech/law review article in which Kavanaugh lays out his judicial philosophy and essentially auditions for the Supreme Court.
  3. We discussed the following cases:  Good News Club v. Milford Central School, 533 U.S. 98 (2001), Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000), Priests for Life v. Department of Health & Human Services, 808 F.3d 1 (D.C. Cir. 2015) (en banc), Garza v. Hargan, 874 F.3d 735 (D.C. Cir. 2017) (en banc), United States Telecom Ass’n v. FCC (D.C. Cir., 2017) (en banc), PHH v. Consumer Financial Protection Bureau, 881 F.3d 75 (2018) (en banc), Seven-Sky v. Holder, 661 F.3d 1 (D.C. Cir 2011), and Heller v. D.C., 670 F.3d 1244 (D.C. Cir. 2011)!
  4. Right-wing weirdo roundups:  Here’s the National Review endorsement of Kavanaugh; this is the truly bizarre Jacobs piece in The Federalist; and here is the Federalist Society’s own rebuttal.
  5. Finally, a preemptive Andrew Was Wrong:  Here’s Raymond Kethledge’s University of Michigan address on how bad Chevron deference is.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

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OA11: Abortion, Roe v. Wade, and the Constitution, Part 3

In this week’s hour-length episode, we finally conclude our three-part discussion of abortion and defending the jurisprudence behind the Supreme Court’s 1973 opinion in Roe v. Wade… only to leave you with another cliffhanger and a topic for a future show.  (Bingo!)

Also, given our Patreon support, we’ll now be answering a viewer question every episode!  In this episode, we go back to frequent supporter Eric Brewer, who asks “Is a lawyer obligated to tell his clients the hard truths?”  Andrew, true to form, answers without really answering the question.  Don’t you just hate lawyers??

Finally, in our closing segment, we crank up Judas Priest for Breakin’ (Down) the Law and answer the question “How does one amend the Constitution, anyway?”  Of course, no answer is ever simple here on OA, and in so doing, Andrew takes us through the very strange history of the 27th Amendment, which took more than 200 years to become ratified by the states.  Seriously!

Show Notes & Links

  1. Roe v. Wade, 410 U.S. 113 (1973).
  2. The ABA Model Rules of Professional Conduct, starting with the preamble, set forth the baseline of ethical rules that lawyers must follow in most jurisdictions.  Read all about “zealous advocacy” if you enjoy reading model ethics rules.
  3. The American Prospect has a fun article that tells the story of the passage of the 27th Amendment; give it a read.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

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

And email us at openarguments@gmail.com