The Gist - A Beautiful Health Care Plan, Just Terrific

Donald Trump has promised lower costs, broader coverage, and better premiums in his health care plan. Well, the new bill is out, and it’s uniting liberals and conservatives in outright disdain. “I’ve only heard from two outside groups who like this bill,” says Vox health care correspondent Sarah Kliff. Everybody else hates it. Kliff walks us through the implications of “Trumpcare” and whether it has any chance of passing through Congress.

For the Spiel, how your smart TV became a sleeper agent for the intelligence community.

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The Gist - Moneyball for the Israeli Military

In books like Moneyball and The Big Short, Michael Lewis has written about people who think in a completely different way from their colleagues. For his latest, The Undoing Project, Lewis profiles the patron saints of different thinking, Israeli psychologists Daniel Kahneman and Amos Tversky. The two men completely upended the study of decision-making in the early 1950s.

For the Spiel, the artist formerly known as the Affordable Care Act. 

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Containers - Episode 2: Meet the Sailors

What is life like as a modern sailor, a tiny person on a huge ship in a vast ocean? Here is your answer. Episode 2 brings you a rare look into the lives of two Filipino sailors, fresh off a trip across the Pacific Ocean. These are regular people doing heroic work to support their families. And without them, the global economic order doesn't work.

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Opening Arguments - OA49: Why Originalists Don’t Belong on the Supreme Court

In today's episode, we take a long look at the judicial philosophy of "originalism" made popular by former Supreme Court Justice Antonin Scalia and advocated by his would-be replacement. First, we begin with a question from Jodi, who asks Andrew for his opinion of LegalZoom and other law-in-a-box services.  Andrew gets a little emotional in his response.... Next, we break down originalism as a form of jurisprudence and examine why it is (1) internally incoherent and contradictory; (2) dangerous and unconstrained; and (3) contrary to the fundamental purpose of the judiciary.  Andrew's argument is that originalists do not belong on the Supreme Court.  Period. Finally, we end with the answer to Thomas Takes the Bar Exam question #13 about hearsay.  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)! Recent Appearances: Andrew was a panel guest on The Thinking Atheist episode "Donald Trump's America," which you can listen to by clicking right here. Show Notes & Links
  1. Here are Andrew's two blog posts -- one about Legal Zoom and one about downloading contracts off the internet.  His law firm site is here.
  2. This Huffington Post piece quotes Scalia's 2008 interview with Nina Totenberg about the Eighth Amendment not prohibiting 18th-century forms of torture.
  3. Here's a link to the full text of the Federalist Papers.
  4. Marbury v. Madison, 5 U.S. 137 (1803).
  5. United States v. Carolene Products, 304 U.S. 144 (1938).
  6. Scalia's dissent in Atkins v. Virginia, 536 U.S. 304, 347-48 (2002) and opinion in Printz v. United States, 521 U.S. 898 (1997) are where he makes fun of citations to international law.
  7. Harmelin v. Michigan, 501 U.S. 957 (1991) is the infamous decision in which Scalia declared that the Eighth Amendment only bars punishments that are both "cruel" and "unusual in the Constitutional sense."
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