Month: September 2023

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Divided Argument - Lib Fanfiction

The Justices have beenoff  on their European vacations for a couple of months but we're still cranking out episodes breaking down last Term. We start off by discussion Will and Michael Stokes Paulsen's SSRN-breaking article arguing that Donald Trump is ineligible for the presidency under Section 3 of the Fourteenth Amendment. We then break down a couple of shadow-docket happenings involving "ghost guns" and the Purdue bankruptcy. We then finally clear our backlog of June cases by discussing two last opinions: Coinbase v. Bielski, which involves the intersection of arbitration and appellate jurisdiction,  and Groff v. DeJoy, which importantly clarified employers' obligations to provide religious accommodations to employees under Title VII of the Civil Rights Act of 1964.

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NBN Book of the Day - Kathryn J. Edin et al., “The Injustice of Place: Uncovering the Legacy of Poverty in America” (Mariner Books, 2023)

A sweeping and surprising new understanding of extreme poverty in America from the authors of the acclaimed $2.00 a Day: Living on Almost Nothing in America. 

Three of the nation’s top scholars – known for tackling key mysteries about poverty in America – turn their attention from the country’s poorest people to its poorest places. Based on a fresh, data-driven approach, they discover that America’s most disadvantaged communities are not the big cities that get the most notice. Instead, nearly all are rural. Little if any attention has been paid to these places or to the people who make their lives there. 

This revelation set in motion a five-year journey across Appalachia, the Cotton and Tobacco Belts of the Deep South, and South Texas. Immersing themselves in these communities, pouring over centuries of local history, attending parades and festivals, the authors trace the legacies of the deepest poverty in America—including inequalities shaping people’s health, livelihoods, and upward social mobility for families. Wrung dry by powerful forces and corrupt government officials, the “internal colonies” in these regions were exploited for their resources and then left to collapse. The unfolding revelation in The Injustice of Place: Uncovering the Legacy of Poverty in America (Mariner Books, 2023) is not about what sets these places apart, but about what they have in common—a history of raw, intensive resource extraction and human exploitation. This history and its reverberations demand a reckoning and a commitment to wage a new War on Poverty, with the unrelenting focus on our nation’s places of deepest need.

Stephen Pimpare is a Senior Fellow at the Carsey School of Public Policy at the University of New Hampshire.

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Everything Everywhere Daily - Filibusters

In the United States Senate, there is a procedural rule which is very uncommon among legislative bodies. 

According to the Senate rules, senators may speak for as long as they wish on any subject until 3/5ths of the members of the body vote to end debate.

While this might seem like a rather innocuous rule, the implications of it have been wide-ranging. 

Learn more about the filibuster, how it came to be, and how it has been used on this episode of Everything Everywhere Daily.


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The NewsWorthy - New Gun Rule?, Labor Day Travel & Taylor Swift Movie- Friday, September 1, 2023

The news to know for Friday, September 1, 2023!

We'll tell you what record was broken at the U.S.-Mexico border and what's being done about it.

Also, the U.S. could get closer to universal background checks on guns, even without Congress. We'll explain.

Plus, everything you need to know about Labor Day weekend travel, why X says it needs to collect a lot more data about its users, and how to see Taylor Swift at the movies. 

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What A Day - Proud Boys Swallowed Their Pride

Two more leaders of the Proud Boys were sentenced yesterday for their roles in the January 6th insurrection. Joe Biggs was sentenced to 17 years in prison while Zachary Rehl was sentenced to 15 years. Plus, Donald Trump pleaded not guilty on Thursday in the Georgia criminal case where he’s accused of racketeering in his efforts to upend the 2020 presidential election results in the state.

Supreme Court Justice Clarence Thomas officially disclosed yesterday that Republican megadonor Harlan Crow footed the bill for his private jet trips in 2022 to both attend a speech in Texas and to vacation at Crow’s home in the Adirondacks. With this disclosure, he also included a statement defending his travel with Crow.

And in headlines: at least 74 people died and more than 50 were injured after a fire broke out in Johannesburg, South Africa, federal student loans will once again start accruing interest, and Taylor Swift: The Eras Tour is coming to a movie theater near you this October.

Show notes:

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The Daily Signal - Behind the Scenes of How Congress Really Works, Series Pt. 3

Committees and hearings play a critical role in the operations of Congress. But how are members assigned to committees? And do congressional hearings actually advance legislation and investigations?



Kyle Brosnan, chief counsel for The Heritage Foundation's Oversight Project, goes beneath the surface in today's edition of "The Daily Signal Podcast" to explain how Congress really works and the critical role Capitol Hill staff play in those operations. (The Daily Signal is the news outlet of The Heritage Foundation.)



Enjoy the show!


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What Next | Daily News and Analysis - TBD | Is LinkedIn…Cool Now?

As Twitt—sorry, X—continues to go through tumult, an unlikely, long-time player is emerging as the last acceptable place to post.


Guest: Sarah Frier, tech editor at Bloomberg Businessweek.


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Podcast production by Evan Campbell.

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Opening Arguments - OA801: MAGAworld Prepares to BUT HER EMAILS Biden; Trump Lawyers Turn on Each Other

Liz and Andrew tackle the latest right-wing nonsense freakout talking point: that Joe Biden, as Vice-President, used secret email accounts to backchannel his criminal plotting to his son Hunter. Learn how every bit of this claim is complete nonsense as we break down the latest FOIA lawsuit filed by the Southeastern Law center.

After that, the two discuss Sidney Powell's hilarious motion to sever her criminal indictment from everyone else in Fulton County, Georgia AND the ongoing saga of Trumpland lawyers and their conflicts.

And if all that isn't enough, in the Patreon bonus, Liz and Andrew talk about the most recent developments with Trump lackey Peter Navarro.

Notes New York Post story on Biden's emails https://nypost.com/2023/08/29/biden-sent-5400-secret-emails-under-different-pseudonyms/

SLF v. NARA complaint https://storage.courtlistener.com/recap/gov.uscourts.gand.319627/gov.uscourts.gand.319627.1.0.pdf

SLF docket https://www.courtlistener.com/docket/67738744/southeastern-legal-foundation-inc-v-national-archives-and-records/

Sidney Powell Motion to Sever https://s3.documentcloud.org/documents/23932460/23sc188947-motion-4-powell-sever.pdf

Sidney Powell J6 Testimony https://www.govinfo.gov/content/pkg/GPO-J6-TRANSCRIPT-CTRL0000082296/pdf/GPO-J6-TRANSCRIPT-CTRL0000082296.pdf

Fulton County indictment https://www.fultonclerk.org/DocumentCenter/View/2108/CRIMINAL-INDICTMENT

 De Oliveira opposition to Garcia https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.137.0.pdf

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NPR's Book of the Day - Two thrillers raise questions about writing from a particular race and identity

Today's episode focuses on two thrillers that our host, Andrew Limbong, read while on parental leave. First, R.F. Kuang speaks with NPR's Mary Louise Kelly about her novel Yellowface and the complicated nuances of writing about friendship and cultural appropriation. Then, Japanese-American author Joe Ide takes a walk with Karen Grigsby Bates, formerly of NPR's Code Switch team, to explain how his upbringing in South Central L.A. informed his series I.Q. and his choice to write from the perspective of a Black protagonist.

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