We return to our look at all the sitting Supreme Court justices with the final two - Justices Kavanaugh and Gorsuch. This necessarily involves revisiting the confirmation process, particularly in the case of Justice Kavanaugh, where Professor Amar played a role in print and in the witness chair. How have the first years of his tenure, along with Justice Barrett’s, played out in light of some of the events of those confirmations? The early returns are fascinating.
It's a consequences episode, our favorite genre! Our first bit of great news is that Cuomo resigned. Andrew has a few follow up thoughts on that and our episode on Cuomo, as well as some introductory information on who will be New York's first ever female Governor, Lt. Gov. Kathy Hochul! Then we get to the great news of the Dominion Lawsuit surviving a motion to dismiss. If you've listened to the show for a while, you might have noticed that defamation suits tend to have a tough time surviving motions to dismiss. That's because our 1st Amendment is very broad. But the Big Liars went so beyond the pale, they're finding out even the 1st Amendment has limits. Yay!
Dan and will try to catch up on the flurry of news from Thursday afternoon, including an update on the Acting Solicitor General and the Court’s surprising grant of injunctive relief against New York’s eviction procedures. Come for the breaking news, stay to find out how Dan procrastinate and to learn the relevance of Catskills humor to the shadow docket.
Dahlia Lithwick is joined by Professor Michael Heller, one of the authors of Mine! How the Hidden Rules of Ownership Control Our Lives, for the latest installment of Amicus’summer season of episodes exploring books and films about the law.
Dahlia Lithwick is joined by Professor Michael Heller, one of the authors of Mine! How the Hidden Rules of Ownership Control Our Lives, for the latest installment of Amicus’summer season of episodes exploring books and films about the law.
As Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the qui tam statute indirectly saved Roe v. Wade. We then catch up on a few legal developments: The Biden Administration has renewed its eviction moratorium, confusing many legal observers in the process. The administration has also finally given us a nomination for Solicitor General. And a controversial cert. petition by the state of Oklahoma provokes an extended discussion of stare decisis and lawyer shaming.
We bring you a somewhat unusual rapid-response Friday episode in which we break down a new startup company, CrowdHealth, Inc., that is apparently engaged in a mass ad buy across the kinds of podcasts you likely listen to. This means that within a few weeks, you'll probably be hearing all sorts of paid testimonials for a product that does not exist right now and bears all the hallmarks of a classic (legal) scam.
This company is funded with $6 million -- some (most?) of which will be spent on the advertising blitz we refused to be a part of. Would you trust an insurance company with just $6 million in reserves? (No.) Would you trust an insurance company that offered contradictory promises? (No.) Does it make any sense to pay an underfunded entity for the right to pay your own medical bills? (No.)
For service of process purposes, Opening Arguments is a product of and is copyright (c) 2021 Opening Arguments Media, LLC, a Maryland limited liability company with its principle place of business at 28 E. Susequehanna Ave., Suite 206, Towson, Maryland 21287.
We explained why Christian Health Sharing Ministries are a scam back in Episode 497.
You can search for CrowdHealth, Inc., a Texas corporation organized on April 19, 2021, on the Texas Corporations website's search page (it will pull up in a separate window).