Month: October 2019

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Opening Arguments - OA322: Blackouts, Taxes & House Rules

Today's episode breaks down the recent news relating to (1) legal efforts to subpoena Donald Trump's taxes, (2) the latest kerfuffle over the standing House rules and whether the impeachment inquiry is "unconstitutional" and "illegal" (it isn't), with a bonus (3) rant about PG&E's blackouts -- excuse me, "public safety power shutoff events" in Northern California. Phew!

We begin with a discussion surrounding PG&E's decision to shut off power for up to five days, affecting potentially two million people. These blackouts will have a tremendous economic and social cost -- and may cost lives, as well. Why are they happening? What's the law? Can we do anything about it? Listen and find out!

Then, it's time for a deep dive into breaking legal news this week. You may have heard that a court ordered the release of Trump's tax returns, and then that order was immediately appealed and blocked. What does it all mean and why? We dive deeply into this issue, and on the way you'll learn about Younger abstention, § 1983 cases, and much, much more!

After that, it's time for a look at the latest goalpost-moving excuse by the Republicans, this time the honestly-not-very-good argument that the impeachment inquiry is "illegal" unless authorized by the entire House of Representatives. Find out why this just isn't so.

Then, it's time for a follow-up #T3BE to last week's child-on-thin-ice. This time, we want to know: can her parents sue the day care? Listen and find out!

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

  1. Don’t forget Opening Arguments LIVE in Los Angeles, CA on October 12, 2019. Here is the link!!
  2. The "de-energization events" are authorized, at least implicitly, by Section 451 of the California Public Utilities Code, as further interpreted by recent rules. PG&E, of course, is in Chapter 11 bankruptcy.
  3. The anti-injunction act is 22 U.S.C. § 2283 , and you can brush up on Younger v. Harris, 401 U.S. 37 (1971) while you're at it.
  4. We discussed the OLC memos in Episode 290, and then again in Episode 300.
  5. You should definitely read Judge Marrero's order, even though it's been appealed to the Second Circuit.
  6. Here are the standing House Rules (check out pp. 322-323), and the 2015 CRS report referenced during the show.

-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 - Who Deserves the Right to Vote?

On The Gist, how should we feel about Ellen and George W. Bush?

In the interview, Desmond Meade of the Florida Restorative Rights Coalition is here to talk with Mike about the recent movement in Florida to give voting rights back to individuals who have previous committed felonies. They talk about how quickly the measure passed, what regaining voting rights really means, and who is actually most affected by these laws.

In the Spiel, should plans for the LGBTQ community really have been the second ever CNN town hall this year?

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Bay Curious - You Gotta Check Out These Offbeat Museums

Our first stop is the Bay Model in Sausalito, a roughly 1.5-acre model of the San Francisco Bay and Sacramento-San Joaquin River Delta system. We visit The Santa Cruz Surfing Museum, which pays tribute to over 100 years of surfing in the area. Our last stop is at Musée Mécanique where we meet the owner of this vast coin-operated collection.

Additional Reading:

12 Off-Beat Museums in the Bay Area To Visit This Fall

Santa Cruz Museum Shines Light on the History of Surfing

Reported by Olivia Allen-Price, Jessica Placzek, Bianca Taylor and Maggie Galloway. Bay Curious is made by Olivia Allen-Price, Jessica Placzek and Katie McMurran. Additional support from Julie Caine, Paul Lancour, Suzie Racho and Patricia Yollin.

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Science In Action - From batteries to distant worlds

Nobel prizes this week went to a range of discoveries that you might be familiar with, in fact you might be using one of them right now – the lithium ion battery. The scientists credited with its Invention got the chemistry prize. And the tantalising prospect of life on other planets plays into the physics prize win.

And we also see what salamanders have to offer in the treatment of arthritis

(Picture: Illustration of the Earth-like exoplanet Kepler-452b and its parent star Kepler-452. Credit: NASA/Ames/JPL-Caltech/Science Photo Library)

Presenter: Roland Pease Producer: Julian Siddle

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Pod Save America - “Maddow!”

Rachel Maddow joins as guest co-host to talk about the White House announcement that they intend to obstruct the impeachment inquiry, Trump’s decision to abandon our Kurdish allies, and Facebook’s refusal to pull down false ads about Joe Biden. Then we talk to Rachel about her new book, Blowout: Corrupted Democracy, Rogue State Russia, and the Richest, Most Destructive Industry on Earth.

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The Best One Yet - American Airlines’ rough 5 years, Bed Bath & Beyond’s innovative new CEO, and Lithium Ion Batteries’ big week

Bed Bath & Beyond stock is down over 80% in the last 5 years, but it just snagged a new CEO who revolutionized shopping at Target. Compared to Delta, it’s been hard out there for American Airlines, so we’re looking at what uniquely caused its problems. And our Invention of the Day is lithium ion batteries because the creation that enabled the tech device you’re reading this on just won a Nobel prize. Learn more about your ad choices. Visit podcastchoices.com/adchoices See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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What Next - What Next | Daily News and Analysis – Why Don’t DC Residents Count?

Growing up in D.C. during the civil rights era made the fight for D.C. statehood deeply personal for civil rights advocate Wade Henderson. He’s said that being unable to secure a voting representative in Congress is one of his greatest disappointments. Christina Cauterucci speaks with Henderson about the fight for statehood and why he still has hope for the movement.

This episode is a part of Slate’s Who Counts initiative. In the run-up to the 2020 election, Slate will be investigating who counts in the voting booth, who counts as an American, whose money counts in the democratic process, and whose doesn’t. And we need your help. Your support will let us assign more stories, travel to overlooked places, commission special podcast projects, and pay for reporting we otherwise would not be able to do. To learn more about this project and how to support our work, please go to slate.com/whocounts.

Guest: Wade Henderson, former head of the Leadership Conference on Civil and Human Rights

Podcast production by Mary Wilson, Jayson De Leon, Danielle Hewitt, and Mara Silvers.

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