Month: March 2017

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The Gist - How Political Parties Collapse

Two Whig presidents were elected by the American people—Zachary Taylor and William Henry Harrison. They lasted a grand total of one year and five months. The Whigs cracked up in the 1850s over intense policy divisions. Now, many historians are drawing parallels between the Whigs then and the Republicans now. Philip Wallach recently penned an essay for the Brookings Institution about what can be learned by the last major political party death in America.

Plus, a visit to Vexillology Corner with Ted Kaye, who explains why you can’t cheat in your flag design by trimming the ends off. Kaye is the author of the book Good Flag, Bad Flag.

In the Spiel, the greatest presidential broken promise in history.

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Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at slate.com/gistplus. 

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Containers - Episode 5: The America-First Ships

American companies pioneered container shipping, but now the ocean freight business is dominated by foreign firms. Thanks to the Jones Act, a 1920 law, all cargo between American ports must be carried on American-made ships, so we do still have a fleet. But the ships are old and outdated. In episode five, we explore the tragic consequences of this "America-first" trade policy, beginning with the El Faro, which sank in October 2015.

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The Goods from the Woods - Episode #135 – “King of Scranton” with Ron Babcock

In this episode, comedian Ron Babcock returns to the show to talk about growing up in Northeastern Pennsylvania. Other topics this episode include cultural literacy, fashion, redneck relatives showing up at graduation ceremonies with air horns, and Ron's continuing comedy adventures in his vintage beige Mercedes, "Harvey". You can find Ron's new album 'This Guy' on his website www.HEYRON.com. You can find Ron on Twitter @RonBabcock.  Song of the week this week: "Fly Me Courageous" by Drivin' N' Cryin'.  Follow the show @TheGoodsPod  Rivers is @RiversLangley  Dr. Pat is @PM_Reilly  Mr. Goodnight is @SepulvedaCowboy  Pick up a Goods from the Woods t-shirt at: http://prowrestlingtees.com/TheGoodsPod

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Opening Arguments - OA55: More on Gorsuch – Was He Just Unanimously Reversed By the Supreme Court?

Today's episode continues our look at appellate jurisprudence, Supreme Court nominee Neil Gorsuch, and the philosophy of originalism that Andrew continues to insist is so extreme ast o be disqualifying. First, our much-beloved segment "Are You A Cop?" returns in triumphant fashion with an examination of a claim being raised by many Trump supporters; namely, that the 9th Circuit is "the most reversed appellate court in the country" with a "90% reversal rate."  Is this claim true?  (No.) In the main segment, we take a look at the Supreme Court's just-released opinion in Endrew F. v. Douglas County School District.  Is this a "unanimous reversal" of Gorsuch on appeal while Gorsuch's nomination remains pending??  As usual, we correct the news sources that got this story wrong and explain its significance to you. Next, we answer a question/comment from Ed Brayton, author of the "Dispatches From The Culture Wars" blog, who has a different take on originalism. Finally, we end with the answer to Thomas Takes the Bar Exam question #16 about apparent authority.   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 and Thomas were guests on Eiynah's podcast, Polite Conversations, Panel Discussion #6 talking about liberals vs. conservatives on free speech.  Give it a listen! Show Notes & Links
  1. This Politifact Article debunks the claim that the 9th Circuit is the "most reversed" appellate court.
  2. This is the text of the Endrew F v. Douglas County School Dist. opinion just issued by the Supreme Court.
  3. And here is the Endrew F opinion from the 10th Circuit (not authored by Gorsuch) that was reversed.
  4. Finally, this is the Luke P decision that was by Gorsuch discussed in the episode.
  5. And by contrast, this is Urban v. Jefferson County School Dist., 89 F.3d 720 (1996), which you can read for yourself and see that Gorsuch deliberately misconstrued.
  6. You can read Ed Brayton's excellent blog, Dispatches From The Culture Wars, by clicking here.
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  
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The Gist - Step Away From the Screen

How much time did you spend on an anti-boredom gadget today? We watch entire seasons of television in a day, we scroll through infinite streams of social media, and we are transfixed by games designed as deftly as slot machines. Adam Alter says it’s time to consider measures that will help everyone to cut back. His book is called Irresistible: The Rise of Addictive Technology and the Business of Keeping Us Hooked.

For the Spiel, your leggings have become a problem.

Today’s sponsor:

Betterment,an automated investing service that makes investing easy. For a limited time, sign up for Betterment and you may qualify for a free Canary home security system to help secure your home. Visit Betterment.com/gist for more details.

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Start the Week - Sayeeda Warsi: Muslims in Britain

On Start the Week Amol Rajan talks to Sayeeda Warsi about how far Britain's Muslim community is viewed as 'the enemy within'. As the child of Pakistani immigrants who became Britain's first Muslim Cabinet Minister, Baroness Warsi is in a unique position to explore questions of cultural difference, terrorism, and 'British values', and to explore how society can become more integrated. The economist Paul Collier has spent his career looking for solutions to seemingly intractable problems: in his latest book he focuses on the Syrian refugee crisis and argues for the establishment of special economic zones where displaced Syrians could work and benefit their host countries. The philosopher Roger Scruton develops his ideas of human nature by concentrating on our relations with others, bound together in a shared world. Producer: Katy Hickman.