On March 29, 2023, the Supreme Court heard oral argument in Polselli v. Internal Revenue Service. At issue is 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 from Prof. David Schizer as he breaks down the case, argument, and potential implications.
Strict Scrutiny - What’s next for mifepristone?
Kate and Leah explain the Supreme Court's decision to stay the ban on mifepristone-- meaning the medication remains available on the same terms it has been. Then, they recap oral arguments in cases about religious accommodations at work, obstruction of justice in immigration cases, and whether threats are protected by the First Amendment. (Spoiler alert: it's a real race to the top for Villain of the Week at SCOTUS.) Plus! One rare piece of good news that comes in the form of an opinion that paves the way for a death-row inmate to obtain DNA testing that could prove his innocence.
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Opening Arguments - OA730: You Wouldn’t Like Sam Alito When He’s Angry (Or Ever)
Liz and Andrew update a bunch of stories they've been tracking before breaking down exactly what the Supreme Court's Friday night stay in the mifepristone case means... and exactly how unhinged Samuel Alito's dissent was. In the Patreon bonus, Liz and Andrew do a deep dive on the shady behaviors of Judge Matthew Kacsmaryk.
Notes OA 712 https://openargs.com/oa712-lock-him-up-3-rise-of-the-machines/
OA 717 https://openargs.com/oa717-lock-him-up-4-trump-gets-indicted-desantis-gets-spanked/
OA 729 https://openargs.com/oa729-bragg-loses-a-round-trump-loses-five/
SB 1604 Amendment https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=603230.DOCX&DocumentType=Amendments&BillNumber=1604&Session=2023
DOJ Letter Motion re: protective order https://storage.courtlistener.com/recap/gov.uscourts.nysd.595325/gov.uscourts.nysd.595325.49.0.pdf
The Jurisprudence of the Body https://drive.google.com/file/d/0BxwJ7kjwYA7FeXNoZUZaTjlmWms/view?resourcekey=0-SCB5U127telKXA00Hr9TEQ
SCOTUS order in Danco v. Alliance https://www.supremecourt.gov/opinions/22pdf/22a901_3d9g.pdf
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Amicus With Dahlia Lithwick | Law, justice, and the courts - John Roberts’ Unfunny Stalking Jokes at SCOTUS
As laughter ricocheted around the Supreme Court chamber Wednesday, Professor Mary Anne Franks wondered if she could quite believe her ears. The matter of some hilarity, it seems, were messages sent by a convicted stalker to his victim. Individual messages that were among what one detective estimated to number in the hundreds of thousands - possibly as many as one million messages - sent by Billy Raymond Counterman to singer Coles Whalen. Counterman’s campaign of harassment drove Whalen away from performing, indeed drove her away from her home state. She moved across the country to get away. On this week’s Amicus, Dahlia Lithwick is joined by Professor Mary Anne Franks to discuss Counterman v Colorado and how the details of a cyber-stalking case were lost to free speech concerns about trigger warnings and "sensitivity". You can read Prof. Franks’ powerful piece on this here.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the big fat settlement Dominion got in its defamation case against Fox News, and why it feels so unsatisfying, the religious liberty case you probably missed at the court this week, Groff v DeJoy. They also talk about how Sen. Dianne Feinstein’s continued absence from the Senate Judiciary Committee, and Senate Democrats’ workarounds for it, are like bringing a bubble blower to a knife fight.
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SCOTUScast - Smith v. United States – Post-Argument SCOTUScast
On March 28, 2023, the Supreme Court heard oral argument in Smith v. United States. At issue is a circuit split over the proper remedy for the government’s failure to prove venue: acquittal barring re-prosecution of the offense, or allowing the government to re-try the defendant for the same offense in a different venue.
Join us to hear from Prof. Brian Kalt as he breaks down the case and argument.
Join us to hear from Prof. Brian Kalt as he breaks down the case and argument.
Opening Arguments - OA729: Bragg Loses A Round, Trump Loses Five
Today, Liz and Andrew disagree over a recent ruling from Judge Vyskocil denying Alvin Bragg's motion for injunctive relief, and then break down recent developments in the E. Jean Carroll litigation.
Notes OA 724 https://openargs.com/oa724-alvin-bragg-no-longer-chickensht/
Judge Vicodin’s order https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.44.0.pdf
Bragg motion for stay https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.46.0_1.pdf
Bragg Reply https://storage.courtlistener.com/recap/gov.uscourts.nysd.597015/gov.uscourts.nysd.597015.41.1.pdf
Second Circuit ruling on stay https://storage.courtlistener.com/recap/gov.uscourts.ca2.60324/gov.uscourts.ca2.60324.7.0.pdf
Letter Memo rebuking Tacopina re jury selection https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.117.0.pdf
Order re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.104.0.pdf
Carroll response re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.116.0.pdf
Trump request for jury instruction re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.118.0.pdf
Carroll response to Trump requested jury instruction re attendance https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.119.0.pdf
Judge Kaplan response re Trump jury attendance instruction https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.125.0_1.pdf
Trump response to denial of jury instruction https://storage.courtlistener.com/recap/gov.uscourts.nysd.590045/gov.uscourts.nysd.590045.127.0.pdf
McGrain v. Dougherty, 273 U.S. 135 (1927) https://scholar.google.com/scholar_case?case=8194274097278523278
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SCOTUScast - Coinbase, Inc. v. Bielski – Post-Argument SCOTUScast
On March 21, 2023, the Supreme Court heard oral argument in Coinbase, Inc. v. Bielski. At issue is district court jurisdiction to proceed with litigation pending appeal (of the denial of a motion to compel arbitration) in arbitration cases under the Federal Arbitration Act.
Join us to hear from Dr. Tamar Meshel as she breaks down the case and argument.
Join us to hear from Dr. Tamar Meshel as she breaks down the case and argument.
Opening Arguments - OA728: FOX Blinks First!
Liz and Andrew update you on three stories stealing all the headlines: the Dominion-Fox settlement, what's going on at the Supreme Court with mifepristone, and a tale of two.. Fulton Counties??
For the Patreon bonus, Liz and Andrew pop open the hood and check out two demonstrable lies in Alliance's briefing before the Supreme Court.
Notes Alliance docket - SCOTUS orders https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22a902.html
Alliance opposition https://www.supremecourt.gov/DocketPDF/22/22A902/263824/20230418120347639_2023.04.18%20Opposition%20to%20Emergency%20Application.pdf
FDA Reply in Alliance https://www.supremecourt.gov/DocketPDF/22/22A902/263892/20230418232614640_FINAL%20Alliance%20SCOTUS%20Reply.pdf
PA Supreme Court order - Fulton County https://www.pacourts.us/Storage/media/pdfs/20230419/134653-appealdismissed.pdf
Fulton County GA docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc
Fulton County GA Motion to Disqualify https://s3.documentcloud.org/documents/23782506/spgj-motion-to-disqualify-atty-kimberly-bourroughs-debrow.pdf
Fox Corp financials https://investor.foxcorporation.com/static-files/3b2bdb74-8ebe-4173-9f0f-ac18831ff094
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SCOTUScast - Arizona v. Navajo Nation, Dep. of Interior v. Navajo Nation – Post-Argument SCOTUScast
On March 20, 2023, the Supreme Court heard oral argument in the consolodated cases of Arizona v. Navajo Nation and Dep. of Interior v. Navajo Nation. At issue is whether the federal government has an affirmative duty to the Navajo Nation to assess and provide for the Nation's water needs from particular sources, given that such a duty was not expressly established in past treaties between the federal government and the Nation.
Join us to hear from Prof. Tom Gede as he breaks down the case.
Join us to hear from Prof. Tom Gede as he breaks down the case.
Amarica's Constitution - Judges and Adverse Events
The Judiciary continues to occupy the headlines, from the judge in Trump’s trial to judges and justices at the district and circuit level who somehow impact the lives of the whole nation. And Justice Thomas keeps knocking at the ethics door. We take it a step at a time, trying to be thorough. Everyone, it seems, wants to be more than they seem. So this time we look in some depth at judges being doctors, plaintiffs choosing judges, and regional judges offering national injunctions, while touching on some of these other areas as well.