Transcript of OA342: Why the Supreme Court Should Scare You Even More Than It Already Does

Listen to the episode and read the show notes

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[Show Intro]

Thomas:         Hello and welcome to Opening Arguments, this is episode 342.  I’m Thomas Smith, that over there is Andrew Torrez, how’re ya doing sir?

Andrew:         I am fantastic.  I am on pins and needles for the drastic, dramatic OA fantasy football semi-finals tomorrow, I’ll be rooting for Blank Boxman since my team just narrowly missed making the playoffs.

Thomas:         Yeah.  Wait, this happens on Tuesday, so semi-finals already happened.

Andrew:         Oh yeah.  Well then there you go.

Thomas:         Time machine malfunction, everybody!  Andrew-

Andrew:         I’m basking in the glory of your upset victory.

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OA342: Why the Supreme Court Should Scare You Even More Than It Already Does

Today’s episode takes a deep dive into something the Supreme Court didn’t do last week — namely, it declined to grant certiorari to reverse an obviously incorrect decision of the Sixth Circuit (EMW Women’s Surgical Center v. Meier), in which that court upheld a blatantly unconstitutional Kentucky law mandating that women undergo a medically unnecessary ultrasound and listen to a script before undergoing an abortion.

We begin, however, with a delightful Frozen-themed listener question about the extent of copyright law and whether Josh Gad can start singing songs about how Brett Kavanaugh is a monster. (Hint: this is a fantastic idea.) We truly drill down on all the different ramifications of when you create an original character for yourself versus your employer.

After that, it’s time for the main sequence deep dive on EMW Women’s Surgical Center v. Meier and exactly why it’s surprising — and depressing — that the Supreme Court declined to grant certiorari in this case.

Then, it’s time to check in on #T3BE and see if Thomas can get this homebuying question right. Do you get to cancel a sale when the buyer hides water damages, and if so, why? Listen and find out!


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Show Notes & Links

  1. If you want to go down memory lane, check out “Larry ‘Bud’ Melman” advertising “Mr. Larry’s Toast on a Stick” from the old Late Night With David Letterman show.
  2. You can read the 6th Circuit’s opinion in EMW Women’s Surgical Center v. Meier, 920 F.3d 421 (6th Cir. 2019) for yourself. The Kentucky law at issue is KRS 311.727.
  3. The 4th circuit decision we referenced is Stuart v. Camnitz, 774 F.3d 238 (4th Circ. 2014).
  4. Before the Supreme Court, check out (a) the cert petition; (b) the State’s opposition; and (c) the petitioner’s reply brief.

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