Health risks for Presidential hopefuls, falling inflation, shark deaths and salary claims
SCOTUScast - Nielsen v. Preap – Post Decision SCOTUScast
On March 19, 2019, the Supreme Court decided Nielsen v. Preap (and its companion case Wilcox v. Khoury), both of which consider the extent to which the mandatory detention provision of the Immigration and Naturalization Act applies to defendants who were not arrested by immigration officials immediately upon their release from criminal custody.
Aliens who are arrested in order to be removed from the United States typically can seek release or parole on bond while any dispute about their removability is being resolved. Title 8 U.S.C. § 1226(c)(1), however, creates an exception: aliens who have committed certain crimes or have a connection to terrorism must be arrested when released from custody relating to their criminal charges, and almost always held without bond until the question of removal is settled.
The U.S. Court of Appeals for the Ninth Circuit interpreted this mandatory detention provision to apply only when the alien is arrested immediately after release from prison. If a short period of time intervenes, the court concluded, the alien must be allowed the chance to apply for release on bond or parole.
By a vote of 5-4, the Supreme Court reversed the Ninth Circuit’s judgment and remanded the case. Respondent aliens who fall within the scope of § 1226(c)(1), the Court held, can be detained even if federal officials did not arrest them immediately upon release.
Justice Alito announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-A, III-B-1, and IV, and an opinion with respect to Parts II and III-B-2, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
To discuss the case, we have Greg Brower, Shareholder, Brownstein, Hyatt, Farber, Shreck.
Aliens who are arrested in order to be removed from the United States typically can seek release or parole on bond while any dispute about their removability is being resolved. Title 8 U.S.C. § 1226(c)(1), however, creates an exception: aliens who have committed certain crimes or have a connection to terrorism must be arrested when released from custody relating to their criminal charges, and almost always held without bond until the question of removal is settled.
The U.S. Court of Appeals for the Ninth Circuit interpreted this mandatory detention provision to apply only when the alien is arrested immediately after release from prison. If a short period of time intervenes, the court concluded, the alien must be allowed the chance to apply for release on bond or parole.
By a vote of 5-4, the Supreme Court reversed the Ninth Circuit’s judgment and remanded the case. Respondent aliens who fall within the scope of § 1226(c)(1), the Court held, can be detained even if federal officials did not arrest them immediately upon release.
Justice Alito announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-A, III-B-1, and IV, and an opinion with respect to Parts II and III-B-2, in which Chief Justice Roberts and Justice Kavanaugh joined. Justice Kavanaugh filed a concurring opinion. Justice Thomas filed an opinion concurring in part and concurring in the judgment, in which Justice Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.
To discuss the case, we have Greg Brower, Shareholder, Brownstein, Hyatt, Farber, Shreck.
Science In Action - South East Asia choking – again
Staying indoors might seem a good way to avoid air pollution, but scientists studying the fires in Indonesia have found there is little difference between the air quality in their hotel room and the atmosphere outside. Both levels are high enough to be considered dangerous for human health. To add to the problem, fires continue to burn underground in the peaty soil long after they were started.
In the Arctic ice melt this summer has been particularly severe, however the picture in complicated by climatic conditions. A new mission to the region involving trapping a ship in ice over winter hopes to provide answers.
Nearly 500 million of year ago the earth’s sky was darkened by a massive asteroid explosion, blotting out the sun. New data on this event may provide an insight into contemporary climate change.
And how about a device which turns the conventions of solar panels on their head and generates electricity in the dark?
(Researcher Mark Grovener from Kings College London measures air quality in Indonesia. Credit Marlin Wooster KCL)
Presenter: Roland Pease Producer: Julian Siddle
The Intelligence from The Economist - To all, concern: a climate-change special
As the Global Climate Strike gets under way, we look at all matters climatic. History shows that fervent debate—and self-interested misinformation—go back to the mid-20th century. Uncertainties in scientists’ climate models are swamped by uncertainties about what people will do. And, plenty of people are already adapting to climate change, but that presents its own risks. Finally, climate-minded artists add their voices to the debates.
The NewsWorthy - Texas Flooding, Area 51 Event & Emmy Awards – Friday, September 20th, 2019
The news to know for Friday, September 20th, 2019!
What to know today about devastating flooding in parts of Texas, and we have an update about that whistleblower complaint involving President Trump.
Plus: a walkout at Amazon, more stores start drone deliveries, and which show is breaking records at this weekend's Emmy Awards.
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 www.Zola.com/newsworthy
Become a NewsWorthy INSIDER! Learn more here: www.TheNewsWorthy.com/insider
Sources:
Texas Flooding: AccuWeather, Weather Channel, ABC News, AP, USA Today
Whistleblower Complaint Update: TIME, Washington Post, NYT, NBC News, NPR
Trump Sues Manhattan DA: Fox News, Reuters, The Hill
Trudeau Brownface: NPR, NYT, CBS News, Time
Global Climate Strike: CNN, Cnet
Amazon Climate Change: CNBC, BBC, The Verge
iOS 13: TechRadar, Gizmodo, CNN
Lyft Bike Lanes: Engadget, The Verge
Walgreens Drone Delivery: CNBC, TechCrunch
Area 51 Event: The Hill, USA Today
Emmys: TIME, LA Times, USA Today
The Daily Signal - Could Kavanaugh Get Impeached? What You Need to Know
Some liberals are pushing for Justice Brett Kavanaugh to be impeached. But do they have any valid grounds? And how would an impeachment process of a Supreme Court justice even work? The Heritage Foundation's Tom Jipping, who worked on an impeachment process during his time as a Senate staffer and who is a now senior legal fellow, joins us to break it down. Read the transcript, pasted below, or listen on the podcast:
We also cover these stories:
- House Speaker Nancy Pelosi is out with a new plan that promises to lower drug prices.
- Canadian Prime Minister Justin Trudeau responds after photos of him in blackface and brownface emerged.
- Iran is vowing “all out war” if they’re attacked by the United States or Saudi Arabia.
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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Read Me a Poem - “The Purist” by Ogden Nash
Amanda Holmes reads Ogden Nash’s poem, “The Purist.” Have a suggestion for a poem? Email us: podcast@theamericanscholar.org. If we select your entry, you’ll win a copy of a poetry collection edited by David Lehman.
This episode was produced by Stephanie Bastek and features the song “Canvasback” by Chad Crouch.
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Opening Arguments - OA316: Unsealing Mueller’s Grand Jury Testimony & Other Yodel Mountain Madness
Today's Rapid Response Friday spends a lot of time high atop Yodel Mountain, pondering the latest developments in the Trump Administration's efforts to keep the underlying grand jury materials (and redacted portions of the Mueller Report) from being disseminated to Congress. Oh, and we also check in on Trump's taxes, emoluments, that crazy whistleblower case and so much more from this corrupt administration.
We begin, however, with few little self-congratulatory remarks and some further information about #Brexit that we covered in Episode 315.
Then, it's time to tackle In re Application of the House Committee on the Judiciary regarding the unsealing of grand jury testimony. Learn how this argument interacts with McKeever v. Barr, which we last discussed in Episode 272.
After that, we pause briefly to discuss the latest ruling on emoluments from the Second Circuit Court of Appeals, as well as the latest apportionment lawsuit that may have been inspired by a previous episode. And we discuss Corey Lewandowski's sideshow, and the four pending lawsuits involving Trump's taxes, and so much more....
That gives us a brief amount of time to talk about the latest whistleblower case and what we do (and don't) know.
Upcoming 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
- Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
- We covered Brexit in Episode 315.
- Check out the latest Trump argument in In re Application of House Committee on the Judiciary. The operative statutory exception is Fed. Rule Crim. Pro. 6(e), and the case we discussed was McKeever v. Barr.
- We, of course, first discussed McKeever v. Barr way back in Episode 206 when we debunked the conspiracy theory angle, and we were proven right in Episode 272.
- The latest emoluments ruling from the 2nd Circuit is here; you can also check out the new apportionment lawsuit as well. Oh, and don't forget to read this great piece on Lewandowski by Elie Mystal.
- Finally, the two threads you must read on the whistleblower complaint are by Asha Rangappa and our friends at Mueller, She Wrote.
-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!
The Gist - Comedy Week: Film
On The Gist, screenwriters Dana Fox and John August, and film critic K. Austin Collins are here to talk all about the comedy film. What makes a funny movie? how has that changed over the years? And has humor just creeped its way into all the other genres without us realizing?
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the memory palace - Episode 148: Safe Passage
The Memory Palace is a proud member of Radiotopia, a collective of independently owned and operated podcasts.
A note on shownotes. In a perfect world, you go into each episode of the Memory Palace knowing nothing about what's coming. It's pretentious, sure, but that's the intention. So, if you don't want any spoilers or anything, you can click play without reading ahead.
Anyway...
Music
We start with the Opening of Craig Armstrong's score to Far From the Madding Crowd.
Glass Houses no. 13 from Ann Southern.
Earring from Julia Wolf.
Occam II for Violin from Eliane Radigue.
Rearranging Furniture from Gabriel Yared's score to By the Sea.
A bit of Movement II from Martynov, "Come in!" by Vladimir Martynov.
Notes
Plenty written about the Willie D.. I found Roger Branfill-Cook's Torpedo: the Most Revolutionary Weapon in Naval History to be particularly useful.
I also enjoyed stumbling upon this day-by-day breakdown of F.D.R.'s Presidency.