The Daily Signal - #511: Just How Bad Is the Spending Deal?

Congress is staring at a massive spending deal reached by President Donald Trump and House Speaker Nancy Pelosi—one that's left fiscal conservatives deeply concerned. Today, we unpack the details and discuss how the bill matches up with spending levels under President Barack Obama. We're joined by Heritage budget expert Justin Bogie. Plus: Rep. Rashida Tlaib, D-Mich., defends boycotting Israel on the House floor.We also cover these stories:-The White House is bullish following Robert Mueller's lackluster performance before Congress.-A new poll finds Democrats increasingly think the Mueller probe wasn't conducted fairly.-A senior software engineer at Google blows the whistle on tech bias.The Daily Signal podcast is available on Ricochet, iTunes, SoundCloud, Google Play, and Stitcher. All of our podcasts can be found at DailySignal.com/podcasts. If you like what you hear, please leave a review. You can also leave us a message at 202-608-6205 or write us at letters@dailysignal.com. Enjoy the show!

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SCOTUScast - The American Legion v. American Humanist Association – Post-Decision Podcast

On June 20, 2019, the Supreme Court decided The American Legion v. American Humanist Association, a case considering whether state funding of a war memorial in the form of a religious symbol is in violation of the Establishment Clause of the First Amendment.
In 1925, the American Legion erected a memorial cross (Peace Cross) in Bladensburg, MD, to honor 49 soldiers who died fighting in World War I. In 1961, the Maryland-National Capital Park and Planning Commission (Commission) acquired the land and has maintained the memorial using public funding. In 2014, the American Humanist Association (AHA) and other civil associations filed suit in District Court, alleging that the presence and publicly-funded maintenance of the Peace Cross violated the Establishment Clause of the First Amendment. AHA sought relocation, demolition, or removal of the cross’s arms. The district court ruled in favor of the American Legion, applying the Supreme Court precedents Lemon v. Kurtzman (1971) and Van Orden v. Perry (2005), concluding that the Peace Cross did not violate the Establishment Clause.
A divided panel of the U.S. Court of Appeals for the Fourth Circuit reversed that judgment, applying the same precedents as the district court--but concluding that the Peace Cross conveyed to a reasonable observer the impression of state endorsement of Christianity, and excessively entangled the Commission with religion. The Supreme Court granted certiorari to address the Establishment Clause issue.
By a vote of 7-2, the Supreme Court reversed the judgment of the Fourth Circuit and remanded the case. In an opinion delivered by Justice Alito, the Court held that “[t]he Bladensburg Cross does not violate the Establishment Clause.” Justice Alito delivered the opinion of the Court with respect to Parts I, II–B, II–C, III, and IV, joined by Chief Justice Roberts and Justices Breyer, Kagan, and Kavanaugh. Justice Alito’s opinion with respect to Parts II–A and II–D was also joined by Chief Justice Roberts and Justices Breyer and Kavanaugh, but not Justice Kagan. A concurring opinion was filed by Justice Breyer in which Justice Kagan joined. Justice Kavanaugh filed a concurring opinion and Justice Kagan filed an opinion concurring in part. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed an opinion concurring in the judgment, in which Justice Thomas joined. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined.
To discuss the case, we have Christopher DiPompeo, Partner at Jones Day.

Land of the Giants - Why You’ll Never Quit Amazon Prime

With over 100 million members, Prime is the engine that’s made Amazon a retailing juggernaut and one of the largest companies in the world. Jason Del Rey explores how Prime came to be, why it’s so effective at keeping us locked into the Amazon ecosystem, and how it became the source of the company’s power.

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The NewsWorthy - Britain’s New PM, Largest Data Breach Payout & Mr. Rogers Movie – Tuesday, July 23rd, 2019

The news to know for Tuesday, July 23rd, 2019!

We're talking about a new deportation rule, the largest settlement for a data breach ever, and Britain's new prime minister.

Plus: Microsoft's billion dollar bet, Apple's updates, and glow-in-the-dark sharks...

Those stories and many more in less than 10 minutes!

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

Head to www.theNewsWorthy.com to read more about any of the stories mentioned under the section titled 'Episodes' or see sources below...

Today's episode is brought to you by Care/of. Use the code "NewsWorthy" at www.TakeCareOf.com for 25% off your first order.

 

 

Sources:

Fast-Tracking Deportations: Washington Post, NBC News

Puerto Rico Protest: AP, CNN, NYT, FOX News, ABC News

Britain’s New PM: Reuters, CNN

Equifax Settlement: CNBC, NYT, Marketwatch

India’s Moon Mission: Space.com, BBC, Vox, FOX News, CBS News

Microsoft + OpenAI: MarketWatch, Vox 

Anthem Health App: WSJ

Apple Updates:  The Verge, TechCrunch

Glow-in-the-Dark Sharks: CNN, Science Alert

Mister Rogers Movie: Variety, Deadline, YouTube

 

Opening Arguments - OA299: Executive v. Judiciary (Worcester v. Georgia)

Today's episode takes a deep dive into an 1832 decision, Worcester v. Georgia, to try and answer the question of what happens when the executive and judicial branches come into conflict. Yes, there's a lesson to be drawn to today's Supreme Court-vs.-Donald Trump showdown over the citizenship question on the census.

We begin, however, with a pair of updates to previous shows, including "Joey Salads" and his nonsense "complaint" against AOC, and a listener email and update from our friend Seth Barrett Tillman regarding the status of the emoluments clauses litigation in both Maryland and DC. In fact, a late-breaking decision in the DC case led to a Patreon-only bonus extra on the topic!

Then, it's time for the main event: breaking down the case that led to the famous aphorism, "Justice Marshall has made his decision, now let him enforce it." As is usually the case with these deep dives, there isn't an easy answer as to what the outcome will be when the executive and judiciary stare each other down, but we can always learn from history.

In the "C" segment, we check out an update from friend of the show Randall Eliason, who taunts us with an Andrew Was Wrong about the future of Bridgegate (from Episode 232). Learn what issue is in fact going before the Supreme Court and why Prof. Eliason thinks the Bridgegate conspirators are going to get off scot-free.

After all that, it's time for #T3BE #135, in which Thomas once again manages to analyze a question absolutely perfectly... only to pick the wrong answer yet again. You won't want to miss the full discussion.

Appearances

Andrew was a guest on the latest episode of the Registry Matters podcast discussing the Supreme Court, as well as the most recent episode of Mueller, She Wrote from the live show in Philadelphia talking.. well, pretty much everything!

Show Notes & Links

  1. We last discussed the Emoluments Clauses litigation in Episode 297. and for more, check out our Patreon-only bonus extra on the topic!
  2. Here's the full text of the 1832 Supreme Court decision in Worcester v. Georgia.
  3. We last discussed Bridgegate in Episode 232, and you can click here to read Prof. Eliason's latest blog on the topic.

-Support us on Patreon at: patreon.com/law

-Follow us on Twitter:  @Openargs

-Facebook:  https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!

-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed!  @oawiki

-And finally, remember that you can email us at openarguments@gmail.com!

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The Gist - Robert Mueller’s Return

On The Gist, Robert Mueller’s congressional testimony isn’t likely to increase the pressure on president Trump. 

In the interview, losing weight is hard, but keeping it off is even harder. What can successful dieters do to maintain their goals, and are reality TV shows like The Biggest Loser painting a rosy picture? Gist regular Maria Konnikova dug into the science, and brings answers on the latest segment of Is That Bullshit? Konnikova is the author of The Confidence Game.   

In the Spiel, former Sen. Al Franken was hard done by.

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The Daily Signal - #512: ‘I Was in Fear of My Life’: Journalist Describes Antifa Attack, Group’s Goals

As the son of communist refugees, Andy Ngo is no stranger to the dangers of that political ideology. The Portland-based journalist, known for covering Antifa--the term used to describe anti-facists who generally wear masks and often are associated with violence and destruction--was hospitalized last month after being physically attacked by masked agitators.We also cover these stories:•The Justice Department is bringing back executions. •The governor of Puerto Rico resigns. •Justice Ruth Bader Ginsburg thinks the Supreme Court should stay at nine justices.The Daily Signal podcast is available on Ricochet, iTunes, SoundCloud, Google Play, or Stitcher. All of our podcasts can be found at DailySignal.com/podcasts. If you like what you hear, please leave a review. You can also leave us a message at 202-608-6205 or write us at letters@dailysignal.com. Enjoy the show!

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The Nod - The Gamer Godfather You’ve Never Heard Of

Video game consoles were super boring in the early days: you could only switch between a few basic, built-in games — no Super Mario Bros, Sonic the Hedgehog or Legend of Zelda. But that all changed thanks to the contributions of a man named Jerry Lawson. Brittany tells Eric the story of the man who helped make video gaming way more fun, paving the way for the video game industry as we know it today.

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Bammers - Sidewalk Alumni

Can you cheer for Alabama even if you didn’t attend the school? Some snarks feel that way and use the would-be stigma against some of the Crimson Tide’s most passionate and loyal fan base. But they don’t let that deter their spirit. Paul Finebaum, Tim Brando, Laura Rutledge, Ryan Fowler and others discuss the dismissive attitude towards "sidewalk alumni." Famed Finebaum caller Legend, the self-proclaimed president of the Alabama sidewalk alumni, tells his fan story.

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