Category: 3-LawSometimeCommentary

Liz and Andrew tackle three stories: an update on the dueling mifepristone rulings in Texas and Washington, Clarence Thomas's latest corrupt activities, and (for patrons) an update on Steve Bannon's sugar daddy.

Notes OA 594: Impeach Clarence Thomas https://openargs.com/oa594-impeach-clarence-thomas/

 OA 714 on Kwok https://openargs.com/oa714-gonna-be-hard-for-steve-bannons-sugar-daddy-to-write-those-checks-from-prison/

Kwok superseding indictment https://storage.courtlistener.com/recap/gov.uscourts.nysd.595325/gov.uscourts.nysd.595325.19.0_1.pdf

Ethics in Government Act of 1978, 5a U.S.C. §§ 101 et seq. https://www.law.cornell.edu/uscode/text/5a/compiledact-95-521/title-I

Washington v. FDA Motion for Clarification https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.81.0_3.pdf

Washington v. FDA Motion to Expedite https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.82.0.pdf

FDA 5th Circuit Motion to Stay https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.20.0_4.pdf?utm_source=substack&utm_medium=email

Intervenors 5th Circuit Motion to Stay https://storage.courtlistener.com/recap/gov.uscourts.ca5.213145/gov.uscourts.ca5.213145.22.1_1.pdf

Robert EOY report on the Supreme Court 2021 https://www.supremecourt.gov/publicinfo/year-end/2021year-endreport.pdf

NPR on 2022 state supreme court races https://www.npr.org/2022/11/05/1134514218/money-is-pouring-into-state-judicial-campaigns-this-year

 ProPublica Thomas story https://www.propublica.org/article/clarence-thomas-scotus-undisclosed-luxury-travel-gifts-crow

Wall Street Journal on federal judges violating the ethics laws https://www.wsj.com/articles/131-federal-judges-broke-the-law-by-hearing-cases-where-they-had-a-financial-interest-11632834421

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Today, Liz and Andrew break down Judge Matthew Kacsmaryk's late-night Friday stay order that essentially overrules the FDA and removes mifepristone (the abortion pill) from the list of approved drugs.

How bad is it? Is a parallel decision from a federal court on Washington part of the solution? What's next?  Listen and find out!

Notes OA 707 on Kacsmaryk https://openargs.com/oa707-peter-navarro-gets-spanked-by-government-in-presidential-records-case-with-major-implications-for-trump/

Kacsmaryk Order  https://storage.courtlistener.com/recap/gov.uscourts.txnd.370067/gov.uscourts.txnd.370067.137.0_14.pdf

Washington v. FDA https://storage.courtlistener.com/recap/gov.uscourts.waed.102225/gov.uscourts.waed.102225.80.0.pdf

United States v. One Package https://scholar.google.com/scholar_case?case=14734857310809857501

FDA on REMS https://www.fda.gov/drugs/drug-safety-and-availability/risk-evaluation-and-mitigation-strategies-rems

FDA on unapproved drugs https://www.fda.gov/drugs/enforcement-activities-fda/unapproved-drugs

Comstock Act, 18 U.S.C. § 1461 https://www.law.cornell.edu/uscode/text/18/1461

5 U.S.C. § 705 https://www.law.cornell.edu/uscode/text/5/705

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Melissa, Kate, and Leah explain the ruling out of Texas that could strip mifepristone, one of two drugs used in medication abortions, of its FDA approval. Plus, they react to the explosive ProPublica reporting on Justice Clarence Thomas's luxury vacations sponsored by a billionaire Republican donor, and chat with CNN's Joan Biskupic about her new book, Nine Black Robes: Inside the Supreme Court's Drive to the Right and Its Historic Consequences. They discuss the lasting effects of the Trump presidency on the Court and the working relationships between Justices, giving listeners a glimpse behind the curtain on some of the most iconic scandals at the Court.

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On this week’s Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention.

Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck’s book, The Shadow Docket - 

How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May.

In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn’t cram into an already jam-packed main show. They start with what’s really not happening, and that is Supreme Court decisions. It’s April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas’ law breaking. And… Hey! Remember Wisconsin? It’s a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia’s extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes. 

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Liz and Andrew evaluate the Trump indictment and answer listener questions as well as a Just Security article critiquing their position.   The Patreon bonus contains a deep dive into an Andrew Weissman statement on MSNBC on lesser-included offenses.

Notes INDICTMENT https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf

STATEMENT OF FACTS https://thehill.com/wp-content/uploads/sites/2/2023/04/Donald-J.-Trump-SOF.pdf

NY Crim Proc. § 30.10 (Statute of Limitations) https://codes.findlaw.com/ny/criminal-procedure-law/cpl-sect-30-10.html

NY Crim Law § 175.05 https://codes.findlaw.com/ny/penal-law/pen-sect-175-05.html NY Crim Law § 175.10 https://codes.findlaw.com/ny/penal-law/pen-sect-175-10.html

People v. Hankin https://casetext.com/case/people-v-hankin

People v. Saporita https://casetext.com/case/people-v-saporita-stevenson

Just Security article https://www.justsecurity.org/85831/the-broad-scope-of-intent-to-defraud-in-the-new-york-crime-of-falsifying-business-records/

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The people of the State of New York have voted in Grand Jury to charge former President Trump with felony counts.  He stands arrested and arraigned.  If you were the District Attorney of New York City, and you had to make the decision whether to pursue this prosecution to this point, what factors should you have considered?  What obligations do you have to the citizens of New York in this matter?  What is your discretion?  Do you agree with DA Bragg’s decision?  Professor Amar will provide you with the background you need to approach these questions and make up your own mind.

It’s a Strict Scrutiny and Pod Save America crossover! Jon, Jon, and Tommy get together with Leah  and Kate  to talk about Donald Trump’s arraignment in Manhattan criminal court, and the legal jeopardy he faces now that he’s been charged with 34 felony counts.

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THIS IS IT! We finally have a copy of the 34-count indictment against Donald Trump by Manhattan DA Alvin Bragg, as well as the supporting Statement of Facts. Liz and Andrew break it ALL down for you, including all the stuff the rest of the media missed!

NotesINDICTMENT https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf

STATEMENT OF FACTS https://thehill.com/wp-content/uploads/sites/2/2023/04/Donald-J.-Trump-SOF.pdf

NY Penal Law 175.10 https://codes.findlaw.com/ny/penal-law/pen-sect-175-10.html

NY Penal Law 175.05 https://codes.findlaw.com/ny/penal-law/pen-sect-175-05.html

Just Security article critiquing us https://www.justsecurity.org/85831/the-broad-scope-of-intent-to-defraud-in-the-new-york-crime-of-falsifying-business-records/

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On the cusp of Former President Donald Trump's arraignment, Liz and Andrew break down the recent Maryland Appellate Court's decision in Lee v. Maryland concerning Adnan Syed and the Baltimore State's Attorney's Office decision to petition to vacate his conviction and drop all charges against him. What's really going on? Why have so many media outlets gotten this wrong?? Listen and find out!

Notes OA 107 https://openargs.com/oa107-adnan-syed-obviously-also-can-learn-patents/

OA 633 https://openargs.com/oa633-why-adnan-was-released/

Lee v. Maryland https://www.mdcourts.gov/data/opinions/cosa/2023/1291s22.pdf

Md. Code, Crim. Pro. Art., § 8-301.1 https://law.justia.com/codes/maryland/2021/criminal-procedure/title-8/subtitle-3/section-8-301-1/

Md. Code, Crim. Proc. § 11-102 https://casetext.com/statute/code-of-maryland/article-criminal-procedure/title-11-victims-and-witnesses/subtitle-1-general-provisions/part-i-definitions-rights-available-throughout-proceedings/section-11-102-victims-right-to-attend-proceedings

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We spend most of our time on some meaty opinions on the orders list -- including separate opinions in Chapman v. Doe (starting at 25:41) and Donziger v. United States (starting at 35:15) -- and touch on the recent merits opinions. But first, we have an extended revisit of Cruz v. Arizona, which proves far more mysterious than we first realized.