Opening Arguments - OA306: From Gavin Grimm to Jeffrey Epstein

Today's episode combines some very, very good news regarding young trans advocate Gavin Grimm... to some rather less good news regarding a proposed rule at the Department of Labor... to some truly bizarre news and a plea for sanity given the ever-changing circumstances surrounding Jeffrey Epstein.

We begin with what looks like the close of a saga that began more than five years ago, when a Virginia public school board -- at the instigation of bigots in the larger community -- forced Gavin Grimm into "separate but hardly equal" accomodations in his high school. Today, at least, it looks like Grimm has finally won, as we break down a truly monumental decision from the Eastern District of Columbia.

Then, it's time to look at proposed rulemaking from the Department of Labor that would modify one of the most important Executive Orders of all time: EO 11246, in which Lyndon Johnson required government contractors not to discriminate in their hiring practices. What does Trump propose to do to this EO? Listen and find out... and maybe someday you'll worship at the Church of Chick-Fil-A. (Seriously!)

After that, it's time to check in with the conspiracy theories that abound in the world of Jeffrey Epstein. Is there really a sinister motive to think that someone had Epstein killed? Will documents continue to come out that will shed light on what really happened? (Yes.)

We end, as always, with a brand new #T3BE... and yes, it's another dreaded real property question. If you sell property you don't own, and later come to own it, have you merely foolishly squandered your tomato juice? Listen and find out!

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

  1. Click here to read the Gavin Grimm opinion, and here to read Title IX, 20 U.S.C. § 1681.
  2. YOU SHOULD READ THE PROPOSED DOL RULE AND COMMENT HERE.
  3. You can also read the latest Washington Post story suggesting that Epstein's suicide may have not been.
  4. We've uploaded ALL the Epstein docs! You can check out the legal documents: Part 1, Part 2, Part 3, Part 5, Part 6, Part 7, Part 8, Part 10, Part 11, Part 12, and Part 13.
  5. Wait, where are Parts 4 and 9? Oh, they're over here!

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-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!

The Gist - The Leftist Takeover Edition

On The Gist, Slate’s Jordan Weissmann tells guest host Sean McElwee which presidential candidates’ signature ideas are hot (and which are not).

In the interview, the Green New Deal isn’t just a set of climate policies—it’s a chance to break with the uneven benefits afforded by the original New Deal and other progressive policies. Julian Brave NoiseCat (McElwee’s colleague at Data for Progress) and activist Adrien Salazar (of the think tank Demos) are in the studio to share their expertise on the stimulus package.   

In the Spiel, McElwee digs into polling results from his own Data for Progress.

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Pod Save America - “AOC calls BS.”

Our new Wisconsin poll shows Trump's strengths and vulnerabilities in a pivotal state, the economy shows warning signs of a possible recession, and the White House shows once again that their re-election strategy involves racist policies. Then Congresswoman Alexandria Ocasio-Cortez talks to Jon about immigration, race, the Green New Deal, and Democratic messaging.

Bay Curious - The Minister of Loneliness, Aristotle And How To Make That Awesome Person Your Friend

Last year, Bay Curious received the question: “How do I make friends?”

We tried reaching out to the question asker, but they never responded. However, surveys show many Americans often feel lonely, and a lot of those lonely people also feel socially isolated.

Last episode we found tips for finding potential friends. This week we talk about how to make friend crushes closer, Aristotle’s ideas about friendship and the potential role of government in addressing social isolation.

For a few tips on how to make friends closer check out the web post: Frustrated by Shallow Friendships? Here’s How to Deepen Them


Reported by Carly Severn

Bay Curious is made by Olivia Allen-Price, Jessica Placzek, Maggie Galloway, Robert Speight, Katie McMurran, Paul Lancour and Ryan Levi. Additional support from Julie Caine, Suzie Racho, Ethan Lindsey, Pat Yollin and David Weir.

Theme music by Pat Mesiti-Miller.

Ask us a question or sign up for our newsletter at BayCurious.org.

Science In Action - Cracking the case of the Krakatoa volcano collapse

Scientists this week are on expedition around the volcano Anak Krakatoa, which erupted and collapsed in 2018 leading to the loss of some 400 lives on the island of Java. The scientists, including David Tappin and Michael Cassidy, are hoping that their survey of the seafloor and tsunami debris will allow them to piece together the sequence of events, and maybe find signs to look out for in the future.

Wyoming Dinosaur trove The BBC got a secret visit to a newly discovered fossil site somewhere in the US which scientists reckon could keep them busy for many years. Jon Amos got to have a tour and even found out a tasty technique to tell a fossil from a rock.

Bioflourescent Aliens Researchers at Cornell University’s Carla Sagan Institute report their work thinking about detecting alien life on distant planets orbiting other stars. Around 75% of stars are of a type that emits far more dangerous UV than our own sun. What, they argue, would a type of life that could survive that look like to us? Well, just maybe it would act like some of our own terrestrial corals, who can protect their symbiotic algae from UV, and in doing so, emit visible light. Could such an emission be detectable, in sync with dangerous emergent UV flares around distant suns? The next generation of large telescopes maybe could…

Exopants Jinsoo Kim and David Perry of Harvard University tell reporter Giulia Barbareschi about their new design for a soft exosuit that helps users to walk and, crucially also to run. They suggest the metabolic savings the suit could offer have numerous future applications for work and play.

(Photo: Volcano Anak Krakatoa. Credit: Drone Pilot, Muhammad Edo Marshal, ITB university in Bandung, Indonesia)

Presenter: Roland Pease Producer: Alex Mansfield Reporter: Giulia Barbareschi

Reset with Sasha-Ann Simons - State’s Attorney Takes Aim At Juul, KLEO Celebrates City Youth

From paying social media influencers to their ad campaigns to the flavors themselves, Lake County State’s Attorney Michael Nerheim believes that Juul, the biggest player in the growing e-cigarette market, is going directly after children. So he’s going directly after the company with a lawsuit.

Plus K.L.E.O. is a non-profit serving kids on the south side through a variety of programs from helping navigate through first jobs to the arts and more. We hear more about their mission and their successes, and get a preview of their Peace Festival that’s taking place this Saturday from executive director Lesle Honore.

SCOTUScast - Tennessee Wine and Spirits Retailers Association v. Thomas – Post-Decision Podcast

On June 26, 2019, the Supreme Court decided Tennessee Wine & Spirits Retailers Association v. Thomas, a case considering whether Tennessee’s two-year durational residency requirement for obtaining a retail liquor license is constitutional.
In 2016, companies Total Wine and Affluere Investments, Inc. applied for licenses to own and operate liquor stores in Tennessee. Although state law imposed a two-year durational residency requirement that the entities did not meet, the Tennessee Alcoholic Beverage Commission (TABC) had obtained an opinion from the state attorney general that the requirement operated as a discriminatory trade restraint in violation of the U.S. Constitution’s Commerce Clause. TABC, therefore, recommended approval of the licenses, but trade association Tennessee Wine and Spirits Retailers Association (Association)--composed of in-state liquor retailers--threatened to sue TABC if the licenses were granted. TABC, therefore, sought declaratory relief on the validity of the durational residency requirement, and the case was removed to federal district court.
The district court held the requirement unconstitutional, the state declined to appeal, and the licenses issued. The Association, however, pursued its objections before the U.S. Court of Appeals for the Sixth Circuit, which ultimately affirmed the district court--though a dissenting judge argued that the Constitution’s Twenty-first Amendment granted states broad authority to regulate the in-state distribution of alcohol, and would have upheld the residency requirement. The Supreme Court subsequently granted certiorari to reconcile its Twenty-first Amendment and dormant Commerce Clause precedents.
By a vote of 7-2, the Supreme Court affirmed the judgment of the Sixth Circuit. Justice Alito delivered the opinion of the Court, holding that Tennessee’s two-year durational-residency requirement applicable to retail liquor store license applicants violates the Commerce Clause and is not saved by the Twenty-first Amendment. Justice Alito’s majority opinion was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, Kagan, and Kavanaugh. Justice Gorsuch dissented, joined by Justice Thomas.
To discuss the case, we have Michael Bindas, Senior Attorney at the Institute for Justice.