Congress is attempting to pass a bill that would implement a deal that President Biden reached with Speaker McCarthy and House Republicans. The issues are many - what does the President due if the bill is not passed? How imminent is the threat of default? Would a default be constitutional? Does the Constitution require any action by the President in such a situation? What does the 14 Amendment, Section 4, say about this? What does an originalist analysis of the global situation look like? We bring the best experts from both sides of the political aisle for a vigorous but intellectually honest debate on the subject, and in the process, hope to find some areas of agreement and wide areas to enrich our audience.
SCOTUScast - Jack Daniel’s Properties, Inc. v. VIP Products LLC – Post-Argument SCOTUScast
In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Supreme Court is considering "Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark-infringement claims; and (2) whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” and thus bars as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act."
IP expert Adam Mathews joined us to break down the case and oral argument.
Featuring:
Adam Mathews, State Representative, Ohio, and Attorney, Ashbrook Byrne Kresge
IP expert Adam Mathews joined us to break down the case and oral argument.
Featuring:
Adam Mathews, State Representative, Ohio, and Attorney, Ashbrook Byrne Kresge
Opening Arguments - OA751: ChatGPT Writes Fake Opinions; Real Judge Is Not Amused
Today, Liz and Andrew tackle the case that's burning up the Internet: did a lawyer really use AI to write a legal brief? Turns out no, it's even worse! The duo also update you on the latest from Peter Navarro's (losing) efforts to protect Donald Trump, and in the Patreon bonus, we learn what the legal architect of the January 6th Insurrection, John Eastman, has been up to. It's a super-sized episode!
Notes OA 748 https://openargs.com/oa748-everything-you-wanted-to-know-about-the-debt-ceiling-but-were-afraid-to-ask/
Mata v. Avianca dockethttps://www.courtlistener.com/docket/63107798/mata-v-avianca-inc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=asc
Mata v. Avianca complaint https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.18.0.pdf
Mata v. Avianca Opposition to Motion to Dismiss https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.21.0.pdf
Mata v. Avianca First Show Cause Order https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.25.0.pdf
Mata v. Avianca 4/25 LoDuca affidavit https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.0.pdf
LoDuca affidavit, Exhibit 1, “Varghese v. China Southern Airlines Co., Ltd.” https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.29.1.pdf
Mata v. Avianca defense counsel letter 4/26 https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.30.0.pdf
Mata v. Avianca Second Show Cause Order https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.31.0_1.pdf
Mata v. Avianca, LoDuca affidavit 5/25 https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.32.0.pdf
Mata v. Avianca, Schwartz affidavit 5/25 https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.32.1_1.pdf
Mata v. Avianca, Court Third Show Cause Order https://storage.courtlistener.com/recap/gov.uscourts.nysd.575368/gov.uscourts.nysd.575368.33.0_1.pdf
Opening Arguments - OA750: Carroll v. Trump III ??!? (feat. Mitchell Epner)
On today's show, Mitchell Epner returns to help Andrew and Liz break down two New York stories: first, the allegations surrounding Trump's media company that produces "Truth Social," and second, E. Jean Carroll's efforts to amend her pending defamation lawsuit against Donald Trump to add claims related to Trump's comments at the CNN "Town Social" in light of the prior verdict.
Oh, and the "Truth Social" story involves Devin Nunes because of course it does.
Notes OA 732 https://openargs.com/oa-732-court-calls-bullsht-on-devin-nunes-cowsuit/
E. Jean Carroll Motion to Amend https://storage.courtlistener.com/recap/gov.uscourts.nysd.543790/gov.uscourts.nysd.543790.156.0_1.pdf
TMTG v. WP Company https://www.documentcloud.org/documents/23819045-trump-media-v-wapo-complaint
Nunes v. Guardian https://s3.documentcloud.org/documents/23828415/nunes-v-guardian-complaint.pdf
WaPo article, “Trust linked to porn-friendly bank could gain a stake in Trump’s Truth Social” https://www.washingtonpost.com/technology/2023/05/13/trump-truth-social-loan-questions/
Guardian Article https://www.theguardian.com/us-news/2023/mar/15/trump-media-investigated-possible-money-laundering
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-And finally, remember that you can email us at openarguments@gmail.com
Strict Scrutiny - A Wrecking Ball to Environmental Law
Sam Sankar of Earthjustice joins Leah and guest host Steven Mazie of The Economist to cover the Supreme Court's opinion in Sackett v. EPA. Millions of acres of wetlands risk losing federal environmental protections-- threatening the future of the nation's clean water. And of course, Leah and Steve catch up on the latest Harlan Crow news.
Plus, Jessica Valenti gives an update on life after Dobbs.
- Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
- Listen to this past episode about Sackett v. EPA with Sam Sankar
- In this episode, the hosts discussed the arguments for Tyler v. Hennepin County, another one of the opinions discussed.
- Follow @CrookedMedia on Instagram and Twitter for more original content, host takeovers and other community events.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Amicus With Dahlia Lithwick | Law, justice, and the courts - Fixing The Court, One Story at a Time
Take your seats for a live show from Washington DC this week. This live show is part of Slate’s Full Court Press coverage, a provocation for the fourth estate to hold the third branch of government to account. Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, Elie Mystal of The Nation, and Jay Willis of Balls and Strikes. As we perch on the precipice of another slew of catastrophic decisions this June, they unpack how Supreme Court reporting has failed to meet the moment - and crucially, what to do about it.
In this week’s Amicus Plus segment, listeners will hear the question and answer segment of the live show - with piercing audience questions such as: "Why do so many Democrats fail to take the court seriously?, and some vital advice for law students from Elie Mystal and Jay Willis. (Spoiler: Don't be Tom Cotton)
Sign up for Slate Plus now to listen and support our show.
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Opening Arguments - OA749: Clarence Thomas Grifts. Kari Lake Sinks. Stewart Rhodes Comes To The End
Liz and Andrew update you on a bunch of stories, including today's breaking news regarding the sentencing of Stewart Rhodes and the Texas Legislature committee referring out articles of impeachment for AG Ken Paxton.
Notes OA 693 https://openargs.com/oa693-mike-pence-cant-testify-against-trump-cause-hes-a-senator-now/
OA 698 https://openargs.com/oa698-will-clarence-thomas-break-the-internet-probably-not/
OA 723 https://openargs.com/oa723-right-wing-judges-take-the-money-and-run-away-with-your-civil-rights/
OA 746 https://openargs.com/oa746-derp-off-dersh-off-2-sidney-powell-vs-kari-lake/
Investigators detail years of alleged misconduct by Texas AG Ken Paxton in stunning House committee hearing https://www.texastribune.org/2023/05/24/ken-paxton-abuse-power-house-investigation-texas/
Kari Lake ruling https://www.democracydocket.com/wp-content/uploads/2022/12/CV2022-095403-926-05222023-PDF.pdf Kari Lake War Room tweet 5/23 tweet https://twitter.com/KariLakeWarRoom/status/1661095473695035392?s=20
May 8 Senate Judiciary Letter to Harlan Crow https://www.judiciary.senate.gov/imo/media/doc/May%208,%202023%20letter%20to%20Harlan%20Crow16.pdf
May 22 letter from Gibson Dunn to Durbin re Harlan Crow https://s3.documentcloud.org/documents/23822175/crow-letter.pdf
5 U.S.C. § 13103 https://www.law.cornell.edu/uscode/text/5/13103
-Support us on Patreon at: patreon.com/law
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-And finally, remember that you can email us at openarguments@gmail.com
Amicus With Dahlia Lithwick | Law, justice, and the courts - Bonus: SCOTUS Nukes Wetlands Protections
In this bonus episode for Amicus Plus listeners, Dahlia Lithwick and Slate’s Mark Joseph Stern discuss the latest biggest Supreme Court decision: Sackett v EPA. It’s good news for developers and polluters, bad news for the rest of us.
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SCOTUScast - Polselli v. Internal Revenue Service – Post-Decision SCOTUScast
On May 18, 2023, the Supreme Court issued its ruling in Polselli v. Internal Revenue Service. At issue was how much authority the IRS has (balanced against privacy rights) to seek records from third-party recordkeepers when it thinks such documents would help it collect a delinquent taxpayer’s payment.
Join us to hear a discussion of the decision's reasoning and implications.
Featuring:
David Schizer, Harvey R. Miller Professor of Law and Economics and Dean Emeritus, Columbia Law School
Join us to hear a discussion of the decision's reasoning and implications.
Featuring:
David Schizer, Harvey R. Miller Professor of Law and Economics and Dean Emeritus, Columbia Law School
SCOTUScast - Amgen Inc. v. Sanofi – Post-Argument SCOTUScast
On November 4, 2022, the Supreme Court granted cert in Amgen Inc. v. Sanofi, a patent infringement case that involves the application of the statutory enablement requirement of Section 112 of the patent laws to what is referred to as a "genus claim" as it applies in the context of pharmaceutical applications. The two patents in dispute relate to antibody drugs that reduce low-density lipoprotein (“LDL”) cholesterol.
The Court heard oral arguments in the case on March 27. Specifically at issue is "whether enablement is governed by the statutory requirement that the specifications teach those skilled in the art to 'make and use' the claimed invention, or whether it must instead enable those skilled in the art 'to reach the full scope of claimed embodiments' without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial 'time and effort.'"
Robert Rando, an intellectual property attorney who filed an amicus brief in the case, joined us to break down the arguments.
Featuring:
Robert J. Rando, Partner, Greenspoon Marder LLP
The Court heard oral arguments in the case on March 27. Specifically at issue is "whether enablement is governed by the statutory requirement that the specifications teach those skilled in the art to 'make and use' the claimed invention, or whether it must instead enable those skilled in the art 'to reach the full scope of claimed embodiments' without undue experimentation—i.e., to cumulatively identify and make all or nearly all embodiments of the invention without substantial 'time and effort.'"
Robert Rando, an intellectual property attorney who filed an amicus brief in the case, joined us to break down the arguments.
Featuring:
Robert J. Rando, Partner, Greenspoon Marder LLP