Franz Nicolay made his bones playing with big bands, in size and in popularity (The Dresden Dolls, Against Me, the Hold Steady). But Nicolay longed to strike out on his own and master the “practical craft of the old vaudevillian.” So he packed his banjo (and accordion and guitar) for a string of tours across Eastern Europe and Central Asia. Nicolay’s consequent book is The Humorless Ladies of Border Control: Touring the Punk Underground From Belgrade to Ulaanbaatar.
For the Spiel, the many types of liars employed by Donald Trump. Today’s sponsor:
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Apple posts a record quarter. Amazon brings the profits. Facebook ramps up spending while Under Armour dials back expectations. We delve into those stories and more of the latest earnings news. Plus, sports business analyst Andrew Brandt discusses the changing economics of the NFL.
Cody Keenan, President Obama's chief speechwriter in the second term, joins Jon and Jon to talk about speechwriting, working for Obama, and lessons learned over eight years in the White House.
Why do key members of the Trump Administration believe the Iran nuclear deal is so weak? How would other signatories to the deal respond to a U.S. withdrawal? John Glaser comments.
In 2013, Canadian college student Elisa Lam disappeared while on a solo trip through California. For weeks law enforcement was at a loss to explain the disappearance -- until, that is, a maintenance worker at the Cecil Hotel discovered her body in a water tank. And with that, what should have been the end of a tragic tale instead became the prologue to a mystery that, according to many, remains unsolved in the present day: What happened to Elisa Lam?
In an elaborately choreographed prime-time ceremony this week, President Trump tapped Judge Neil Gorsuch for the Supreme Court seat that has been vacant for almost a year. We sit down with the Constitutional Accountability Center’s Elizabeth Wydra to examine Judge Gorsuch’s judicial record, whether he really is “Scalia 2.0,” and the difficult choices confronting Senate Democrats in the wake of this nomination.
We also consider the ramifications of reports that some U.S. Customs and Border Protection agents are defying federal court orders around Trump’s new travel restrictions. Slate staffers Mark Joseph Stern and Leon Neyfakh tell us what they learned from constitutional law scholars about the possibility of a standoff between two branches of the federal government. (Read our Slate piece on the subject here.)
Finally, we zero in on one of the many lawsuits filed this week against Trump’s executive order. Aziz v. Trump centers on a pair of young men who were en route to join their father in Michigan when the order was issued, and wound up being deported to Ethiopia upon their arrival at Dulles International Airport. We’re joined by the Legal Aid Justice Center’s Simon Sandoval-Moshenberg, one of the lawyers representing the plaintiffs in the case.
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In today's episode, we take a look at President Trump's Supreme Court nominee, Neil Gorsuch. The main segment was recorded before the announcement and reflects our guess (correctly!) that he would be the nominee, so you'll hear some speculative language. We begin, however, with a question from David Durman who wants to know if a citizen can bring a private civil suit against President Trump while he's in office. The answer may surprise you! During our main segment, we also discuss Gorsuch's originalism and some of the opinions and dissents he issued while serving on the U.S. Court of Appeals for the 10th Circuit. Oh, and he also wrote a snottly little editorial for the right-wing mag National Review. After our main segment, "Closed Arguments" returns with a question about Jared Kushner and the anti-nepotism law. Is Trump violating the law? The answer will probably not surprise you. Finally, we end with a brand new Thomas Takes the Bar Exam question #9 which is the single hardest question so far, in that it involves real property. Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show. Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Show Notes & Links
Then, if you have the stomach for it, check out Gorsuch's opinion in Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (10th Cir. 2016), in which he openly muses in the text of the opinion about repealing Chevron deference. Still think he's not an activist judge?
This week, Democrats are agonizing over how or whether to oppose Donald Trump’s first Supreme Court nominee, Neil Gorsuch. Emily Bazelon notes that Gorsuch has been very clear in his opposition to doctor-assisted suicide, but his position on abortion rights is less knowable. Bazelon is a staff writer for the New York Times Magazine, and a co-host of the Slate Political Gabfest.
For the Spiel, Trump finds God and uses the opportunity to ask for better Apprentice ratings.
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Jon and Dan talk about Trump's bullying of Mexico and Australia, the promise of progressive protests, and Supreme Court nominee Neil Gorsuch. Then they're joined by two DNC Chair candidates, Mayor Pete Buttigieg and South Carolina Democratic Party Chairman Jaime Harrison.
