Category: 3-LawSometimeCommentary

This is it! Liz and Andrew break down the debt ceiling and what can be done about it, including the Fourteenth Amendment. You'll want to share this far and wide!

In the Patreon bonus, Liz and Andrew tackle a stupendously bad article arguing against the application of the 14th Amendment.

NOTES OA 736 https://openargs.com/oa736-scotus-tees-up-rancid-herring-case-to-gut-the-administrative-state/

31 U.S.C § 3101 https://www.law.cornell.edu/uscode/text/31/3101

Congressional Research Service, Debt limit votes 1978 to present https://sp.fas.org/crs/misc/R41814.pdf

Congressional Research Service, The Gephardt Rule https://crsreports.congress.gov/product/pdf/RL/RL31913

HR 3877 https://www.congress.gov/bill/116th-congress/house-bill/3877/text

Perry v. U.S., 294 U.S. 330 (1935) https://scholar.google.com/scholar_case?case=3388791031923623137

EO 6102 notice https://upload.wikimedia.org/wikipedia/commons/a/a1/Executive_Order_6102.jpg

Laurence Tribe, “A Ceiling We Can’t Wish Away,” New York Times, July 7, 2011 https://www.nytimes.com/2011/07/08/opinion/08tribe.html

We debate Justice Gorsuch's unusual "statement" in Arizona v. Mayorkas. Then, we don't let our complete lack of knowledge of intellectual property law stop us in trying to make sense of Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith, the big copyright throw-down between Justices Sotomayor and Kagan. 

The Court treated us to an assortment of nude pictures this week.  The occasion was a copyright case featuring the works of Andy Warhol and the photography of Lynn Goldsmith, and the persona of the late artist Prince.  To enlighten us on the intricacies and melodies of copyright law and history, we bring the premier scholar in the field to our podcast - Professor James Boyle of Duke.  The result is a far-ranging discussion ranging from Plato to Creative Commons, the latter an achievement due in no small part to Professor Boyle’s efforts.  As for the case, it might be more important than the Court wants it to be, and we will tell you why.

In this (almost entirely!) Trump-free episode, Liz and Andrew break down two major steps backwards for Meatball Ron DeSantis: an own goal in his ongoing losing Woke War Against Disney, and a major setback by a group looking to aid his (doomed) 2024 Presidential bid. You won't want to miss it!

In the Patreon bonus, Liz and Andrew give an update on the ongoing efforts to hold MyPillow CEO Mike Lindell accountable for his $5 million "Prove Mike Wrong" challenge when he was, in fact, very very wrong.

Notes OA 734 https://openargs.com/oa-734-disney-v-desantis-you-mess-with-the-mouse-you-get-the-ears/

OA 717 https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/

OA 614 https://openargs.com/oa614-the-fec-is-corrupt-and-broken-biden-has-inexplicably-neglected-to-fix-it/

Disney MTD CFTOD complaint https://s3.documentcloud.org/documents/23816386/disney-mtd.pdf

Federal Election Campaign Act, 52 U.S.C. §§ 30101 et seq. https://www.law.cornell.edu/uscode/text/52/30101

11 C.F.R. § 100.72 https://www.fec.gov/regulations/100-72/2022-annual-100

Ready For Ron v. FEC docket https://www.courtlistener.com/docket/65639515/ready-for-ron-v-federal-election-commission/

Ready For Ron complaint https://storage.courtlistener.com/recap/gov.uscourts.dcd.248664/gov.uscourts.dcd.248664.1.0_1.pdf

Ready For Ron rulinghttps://storage.courtlistener.com/recap/gov.uscourts.dcd.248664/gov.uscourts.dcd.248664.30.0.pdf

Carey v. FEC, 791 F.Supp.2d 121 (D.D.C. 2011) https://scholar.google.com/scholar_case?case=2459277047400624208

(Hilariously, the Ready for Ron complaint manages to cite the wrong Carey case and also gets the year wrong.)

Melissa, Kate, and Leah recap the Supreme Court's recent opinions about the Internet and intellectual property. As we predicted, the Internet isn't going to end with a bang-- and not even a whimper. Plus, we give you the "highlights" of the oral arguments in the Texas mifepristone case... which are even wilder (and more terrifying) than we could have imagined.

• Sign up to see the Strict Scrutiny live show in Washington, DC on June 9th!
• The hosts covered the arguments of the opinions for Gonzales v. Google LLC and Twitter, Inc. v. Taamneh in this episode.
• In this episode, the hosts discussed the arguments for Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, another one of the opinions discussed.
• This past episode discusses the arguments for Ohio Adjutant General’s Department v. Federal Labor Relations Authority, an opinion the hosts talk about this week

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

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It's Sanctions Day! After a quick listener question, Liz and Andrew discuss the recent attorney grievance complaint against the Krakenlawyers in Michigan and what everyone's favorite li'l election-denying weirdo, Kari Lake, has been up to. (Spoiler alert: nothing good.)

Notes OA 673 https://openargs.com/oa673-dont-sanction-me-im-old-dersh/

OA 678 https://openargs.com/oa678-dershs-sanctions-defense-somehow-keeps-getting-worse/

OA 728 https://openargs.com/oa728-fox-blinks-first/

King v. Whitmer sanctions video https://www.youtube.com/watch?v=MWiuX9CPOSA

King v. Whitmer sanctions transcript https://openargs.com/wp-content/uploads/Sanctions-hearing-transcript.pdf

King v. Whitmer sanctions ruling https://casetext.com/case/king-v-whitmer-7

King v. Whitmer docket https://www.courtlistener.com/docket/18693929/king-v-whitmer/

Texas attorney grievance procedures https://www.texasbar.com/AM/Template.cfm?Section=Disciplinary_Process_Overview&Template=/CM/HTMLDisplay.cfm&ContentID=29470#reciprocal

Lake v. Hobbs state docket https://www.clerkofcourt.maricopa.gov/records/election-2022/cv2022-095403 Lake v. Hobbs complaint https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4151/638064516668500000

Arizona Supreme Court ruling in Lake v. Hobbs https://s3.documentcloud.org/documents/23720629/orderrepetitionforreview-4731530-0.pdf

Lake v. Fontes https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.3.0_1.pdf

Lake v. Fontes Sanctions order https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.106.0_2.pdf

Lake v. Fontes attorneys’ fees https://storage.courtlistener.com/recap/gov.uscourts.azd.1294569/gov.uscourts.azd.1294569.107.6.pdf

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Get your tickets for Amicus Live in Washington DC on May 24th here:

https://slate.com/live/amicus-live-may-24-in-washington-d-c-full-court-press.html

Dahlia Lithwick is joined by a pair of legal history-makers, E Jean Carroll and Roberta Kaplan. They discuss the landmark defamation and sexual abuse case they won against former President Donald J Trump; how the case came together, what tipped the balance in court, if vindication lasts, and what happens when the defendant won’t stop doing the same defamation over and over again.

In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the Mifepristone arguments at the 5th Circuit, North Carolina’s abortion ban, and why Justice Kagan and Sotomayor are duking it out in the footnotes over Andy Warhol. 

Sign up for Slate Plus now to listen and support our show. 

Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.

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Liz and Andrew break down Special Counsel John Durham's report, which resulted in zero convictions in four years and makes no new recommendations for any change to any FBI policy - but continues to peddle long-debunked conspiracy theories about how the FBI is in cahoots with Hillary Clinton. Sure, Jan.

Notes Durham report https://s3.documentcloud.org/documents/23813392/durhamreport.pdf

Durham Appointment Order https://www.justice.gov/d9/fieldable-panel-panes/basic-panes/attachments/2021/02/26/durham.order_.pdf

Durham Statement On IG Report  https://www.justice.gov/usao-ct/pr/statement-us-attorney-john-h-durham

New York Times, “How Barr’s Quest to Find Flaws in the Russia Inquiry Unraveled” https://www.nytimes.com/2023/01/26/us/politics/durham-trump-russia-barr.html

-Support us on Patreon at: patreon.com/law

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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

After catching up on news and bemoaning some listener feedback, we look at some opinions that the Court dropped last week. We take a deep dive into National Pork Producers Council v. Ross and briefly discuss the two fraud cases, Percoco and Ciminelli. 

On April 14, 2023, the Supreme Court issued its ruling in Axon Enterprise, Inc. v. Federal Trade Commission. At issue was whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC by granting the courts of appeals jurisdiction over FTC cease-and-desist orders.

Join us to hear Ronald Cass and Henry Su unpack the decision's reasoning and discuss its impacts going forward.

Featuring:
Ronald Cass, President, Cass & Associates, PC
Henry Su, trial lawyer specializing in antitrust (worked for the FTC from 2011-2017)