Tag Archives: transgender

OA263: Nielsen v. Preap and Due Process Due Aliens

Today’s breaking news episode contains your guide to the hotly-debated Supreme Court decision in Nielsen v. Preap, regarding how and whether aliens can be detained without due process.  What does it all mean?  Listen and find out!

We begin, however, with a brief update on the Congressional Investigations we discussed in Episode 259 with the news that Hope Hicks will cooperate.  Listen to our past episode if you don’t realize how huge this is.

Then, we move on to some news regarding a recent order handed down by Judge Kollar-Kotelly in the District Court for the District of Columbia with respect to the trans ban.  We dive into the unique procedural issues giving rise to this order and tamp down on your enthusiasm that this may put the trans ban in jeopardy.

Then, it’s time for our main segment breaking down Nielsen v. Preap. We tell you exactly what this decision means along with the reasons why the Court reached the result it did.

But that’s not all!  After that, we have our weekly trip to Yodel Mountain with two items:  (1) an Andrew Was Right about the source of the National Enquirer‘s acquisition of compromising material about Jeff Bezos; and (2) a follow-up on the New York indictment of Paul Manafort.

And if all that isn’t enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #119 involving long-term contracts for the sale of wheat.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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. First discussed trans ban back in Episode OA: 247
2. We were assisted by Alice Ashton – trans Arabic linguist who contributed to the Advocate article located here and by Deirdre Anne Hendrick.
3. Here is a link to Directive-Type Memorandum (DTM) 19-004.
4. Pre Show: Hicks to cooperate. This is HUGE!
5. 1/4 – DC Cir. Reversed and vacated the injunction.
6. 1/22 – Supreme Court lifted the stays in two of those cases. We covered it the next day on Episode OA: 247.
7. Next day, on 3/8, the government filed a notice and this is the Plaintiffs’ response.
8. Here is the link DC Circuit’s Opinions issued 3/8
9. Judge Kollar-Kotelly’s 3/19 Order
10. 3/20 Gov’ts Motion to Clarify
11. Nielsen v. Preap is linked Here
12. 8 U.S.C. § 1226(a) vs. (c) – 1952
13. Demore v. Kim, 538 US 510 – Supreme Court 2003
14. Wall Street Journal article on Becker/Bezos
15. CHN article on the problems with New York’s double jeopardy.

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!

For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com



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OA261: Sentencing Paul Manafort

Today’s extra-long episode contains your guide to all of the developments involving Paul Manafort over the past week.  What does it all mean and what can we expect next?  Listen and find out!

We begin, however, with a brief update on Episode 247 now that the Department of Defense has issued a Directive-Type Memorandum (DTM 19-004) implementing the ban on transgender service in the military.  With the help of some friends of the show, we break down the most pressing issues on the near horizon.

Then, it’s time for All Things Manafort (TM), which sneakily includes a deep dive into exactly how the U.S. Federal Sentencing Guidelines came into effect, when they were mandatory, how they became advisory, and what the hell happened in the Eastern District of Virginia.

But that’s not all!  After that, we have a discussion on when sentences should run consecutively versus concurrently, and how that interacts with Judge Amy Berman Jackson’s sentencing decision in Manafort’s DC case.

AND we also have breaking news regarding new state charges brought against Manafort as soon as both federal sentences were handed down.

And if that’s not enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #118 that’s a dreaded real property question.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

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. First discussed trans ban back in Episode OA: 247
  2. We were assisted by Alice Ashton – trans Arabic linguist who contributed to the Advocate article located here and by Deirdre Anne Hendrick.
  3. Here is a link to Directive-Type Memorandum (DTM) 19-004.
  4. This is the Feb. 22, 2018 Mattis directive.
  5. Here are the DSM-5 guidelines on gender dysphoria
  6. We first discussed the Sentencing Guidelines in Episode OA: 162.
  7. The accompanying statute is 18 U.S.C. §3553.
  8. For a primer on “variances” versus downward departures, check out the Sentencing Commission guidelines.
  9. Judge Ellis transcript can be found here.
  10. Concurrent/consecutive is governed by 18 U.S.C. § 3554.
  11. Manafort’s NY State indictment involves Residential Mortgage Fraud 1st degree (4 counts) under Penal Law § 187.25 and Falsifying Business Records 1st Degree (8 counts) under §175.10.
  12. We discussed Gamble v. U.S. in Episode Episode OA: 215.

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!

For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

And email us at openarguments@gmail.com



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OA214: Free Speech, NAFTA & Trump’s Trans Ban

Today’s Kavanaugh-free episode is a classic, three-story, Deep Dive Tuesday into (1) a recent free speech case involving protesters at a Trump rally; (2) the status of Trump’s efforts to ban trans service personnel from the military; and (3) whether Trump can unilaterally abrogate NAFTA.  Strap in — it’s going to be a long ride!

We begin with an examination of Nwanguma v. Trump at both the district court level and the recent decision from the 6th Circuit.  Should protesters be allowed to sue Trump and his campaign staff for incitement to riot?  Listen and find out!

After that, we examine the status of Trump’s latest (Mar. 23, 2018) order on trans personnel in the military.  Is there… good news out of the Ninth Circuit??!?

Then, we check out the history of presidential withdrawals from treaty obligations, a case involving a former Presidential candidate (Barry Goldwater) versus a sitting President (Jimmy Carter), and Donald Trump’s constant claims that he can abrogate the North American Free Trade Agreement.  Is any of this true?  The answer almost certainly will surprise you!

Finally, we end with Thomas Takes the Bar Exam Question #95 regarding the Congressional delegation of rule-making authority to the Forest Service.   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

  1. If you want to check out our Kavanaugh patron-only special, sign up here and then click here for the bonus download!
  2. You can read the Nwanguma v Trump district court decision as well as the decision by the 6th Circuit.
  3. Click here to read Trump’s latest (Mar. 23, 2018) order on trans personnel in the military, and here is you want to check out the Ninth Circuit’s stay order.
  4. On NAFTA:  you can read the NAFTA treaty itself (including Art. 2205), the NAFTA Implementation Act, and you’ll definitely enjoy perusing Goldwater v. Carter, 444 U.S. 996 (1979).

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!

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

And email us at openarguments@gmail.com


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OA167: Neil Gorsuch, Secret Liberal?

Today’s episode tackles the recent (and shocking) Supreme Court decision in which Neil Gorsuch voted with the Court’s liberal justices to produce a very unusual 5-4 alignment.  Is this a sign that Gorsuch isn’t the right-wing hack we all thought he was?  Listen and find out!  (Hint:  No.)

After that, we break down the 6th Circuit’s recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., the first decision of its kind recognizing that discrimination on the basis of an individual who is transgender or transitioning violates Title VII of the Civil Rights Act of 1964.

After that, we answer a listener question about selecting a contingent fee attorney and discuss some of the actual pitfalls as well as misconceptions about those lawyers who take “no money down!”

Finally, we end with the answer to Thomas Takes the Bar Exam Question #72 about real property and the transfer of a deed.  Don’t forget 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. We first warned you about Neil Gorusch way back in Episode 40, and we’re definitely not backing down now.  If you want to check out his concurrence, you can click here to read the Supreme Court’s decision in Sessions v. Dimaya.  And, as we discussed on the show, the should-have-been-straightforward holding of this case stems directly from the Court’s prior opinion in Johnson v. United States.
  2. You can read the 6th Circuit’s recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., and for more coverage of Title VII, check out our discussion of Hively v. Ivy Tech from Episode 60, as well as our most recent update in Episode 152.

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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