Today, we're talking about a new U.S. Supreme Court ruling, why President Trump disinvited an NFL team to the White House and another breast cancer breakthrough.
Plus: Twitter and Microsoft are making moves and the big changes coming to the iPhone.
All that and much more in less than 10 minutes.
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
Trump and his legal team argue that the president is above the law, and voters say that health care and immigration are two of the most important issues in the very close 2018 midterms. Then, Rep. Luis Gutierrez calls from Puerto Rico to talk to Jon Favreau about the devastating aftermath of Hurricane Maria.
Today's episode takes a deep dive into two developments concerning the right to an abortion in the U.S., followed by our continuing discussion on plea bargaining with listener comments from prosecutors, public defenders, the U.S. judiciary, and even international listeners. You won't want to miss it! We begin with an in-depth examination of the so-called "gag rule" just proposed by Trump's Department of Health and Human Services. Is it really a gag rule? (Yes.) After that, we look into the Supreme Court's recent decision not to grant certiorari in Planned Parenthood v. Jegley, allowing an 8th Circuit decision to stand that, in turn, denied a preliminary injunction blocking a restrictive Arkansas abortion law, HB1394. Is this a bad sign? (Yes.) After that, we return to the subject of plea bargaining that's been a hot topic in our inbox for weeks, capped off by the Iowa Supreme Court's discussion of the issue in Schmidt v. Iowa. Finally, we end the answer to Thomas Takes The Bar Exam #78 regarding whether the jury can read a treatise on mill grinding. Remember 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
If you're feeling good about Schmidt v. Iowa and need to be reminded that "actual innocence" is not a ground for federal habeas corpus relief, check out Herrera v. Collins, 506 U.S. 390 (1993).
Vocal fry. Code switching. Black Twitter. Valley girls. Culture vultures. WE'RE TALKING ABOUT TALKING. Alie battles traffic to sit down with linguistics professor Dr. Nicole Holliday about intonational phonology: how tones and pitch help us bond with others and construct identities. Inspired in part by former President Barack Obama's masterful linguistic variability, Dr. Holliday's work focuses on how language is used in the crossing and construction of racial/ethnic boundaries. She graciously fielded tons of questions for a fascinating dive into the nuances and strict grammatical rules of African American Language, cultural appropriation, our educational system, honoring your identity, what not to wear in Paris and the roiling debate over who is the best rapper. Also: Alie is maybe a lizard person.
Follow Dr. Nicole Holliday @MixedLinguist on Twitter and Instagram
On The Gist, no matter how well the economy goes, pundits can always tell a scary story.
What do we get wrong about Darwinism? Evolutionary ornithologist Richard O. Prum says the theory was distorted by Victorian prudes. He explains why a closer look at bird sex shows us what’s really going on with adaptation and natural selection. Prum’s book is The Evolution of Beauty.
In the Spiel, yes, “unindictable” would mean the president could commit any crime he wants, even the colorful ones. But let’s not get carried away.
The movie "White Chicks" may have made critics— and honestly, the world —cringe, but Brittany delivers her treatise on why the film deserves a second look.
A new podcast from Libertarianism.org digs into the twin issues of civil forfeiture and eminent domain. Tess Terrible is the host and producer of the show.
On April 24, 2018, the Supreme Court decided Jesner v. Arab Bank, PLC, a case considering whether corporations may be sued under the Alien Tort Statute (ATS). Between 2004 and 2010, survivors of several terrorist attacks in the Middle East (or family members or estate representatives of the victims) filed lawsuits in federal district court in New York against Arab Bank, PLC, an international bank headquartered in Jordan. Plaintiffs alleged that Arab Bank had financed and facilitated the attacks in question, and they sought redress under, among other laws, the Alien Tort Statute (ATS). The district court ultimately dismissed those ATS claims based on the 2010 decision of the U.S. Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Petroleum Co. (“Kiobel I”) which concluded that ATS claims could not be brought against corporations, because the law of nations did not recognize corporate liability. The U.S. Supreme Court later affirmed the judgment in Kiobel (“Kiobel II”) but on a different basis: the presumption against extraterritorial application of statutes. In Jesner, the Second Circuit, invoking its precedent in Kiobel I--and finding nothing to the contrary in the Supreme Court’s Kiobel II decision--affirmed the district court’s dismissal of Plaintiffs’ ATS claims on the grounds that the ATS does not apply to alleged international law violations by a corporation. This sharpened a split among the circuit courts of appeals on the issue, and the Supreme Court granted certiorari to resolve the dispute. By a vote of 5-4, the Supreme Court affirmed the judgment of the Second Circuit. In an opinion delivered by Justice Kennedy, the Court held that foreign corporations may not be defendants in suits brought under the Alien Tort Statute. Justice Kennedy delivered the opinion of the Court with respect to Parts I, II-B-I, and II-C, joined by the Chief Justice and Justices Thomas, Alito, and Gorsuch--and an opinion with respect to Parts II-A, II-B-2, II-B-3, and III, joined by the Chief Justice and Justice Thomas. Justice Thomas filed a concurring opinion. Justices Alito and Gorsuch also filed opinions concurring in part and concurring in the judgment. Justice Sotomayor filed a dissenting opinion, joined by Justices Ginsburg, Breyer, and Kagan. To discuss the case, we have Eugene Kontorovich, Professor of Law at Northwestern School of Law.
Booker Prize-winning novelist Arundhati Roy's latest book weaves together the lives of the misfits and outcasts from India's bustling streets. Roy is famous as an advocate for the most vulnerable and dehumanised in Indian society. She tells Andrew Marr how her main character Anjum builds a small paradise for the dispossessed in a graveyard in Delhi.
Ivan Mishukov walked out of his Moscow flat aged four and spent two years living on the city streets, where he found a home among a pack of wild dogs. Playwright Hattie Naylor used this true and extraordinary story as the basis for a play and now a film, Lek and the Dogs. She explores how the human world failed to look after the child, but how his kindness won the trust and protection of street dogs.
Damian Le Bas grew up surrounded by Gypsy history from his great grandmother. He sets out on the road to discover Travellers' stopping places and to understand how the romanticised stories of the past were replaced by the critical, outcast image of present-day Gypsies.
The columnist and Conservative Peer Daniel Finkelstein appears to be the ultimate establishment insider. But his parents were refugees who were forced to move across Europe because of antisemitism. He believes their desire for rootedness and belonging underlines his own politics.
Producer: Katy Hickman
Picture: Arundhati Roy (credit Mayank Austen Soofi).
