Category: 3-LawSometimeCommentary

While it cannot be overstated how disgusting, unpatriotic, anti-American, and anti-Democratic this pathetic coup attempt by Trump and Republicans is, it also has no chance of working. At least, according to our resident optimist, Andrew Torrez!

Before that, Andrew gives us the breakdown on the Affordable Care Act case, and why the media might be completely wrong in how they're covering it.

Links: California v. Texas, best Trump case still terrible, Montgomery County Election Results, 25 P.S. § 3150.16, 25 P.S. § 3150.14, In re Recount of Ballots (Pa. 1974)

As always, we can't emphasize enough how important it is to win the two Georgia runoffs, but today's show covers why we COULD still win in North Carolina. It involves court thingies. Then in the main segment, Andrew tells us how exactly Biden can play hardball in the event that we don't win the Senate. There's still a lot we can do. Biden's administration had better be show listeners because this is top notch free legal consulting!

Links: 4th Cir. on North Carolina Ballots, Wise v. Circosta, OA415: DeJoy's Illegal Dismantling of the USPS, NAACP v USPS, 5 US Code § 3345 - Acting officer, 15-1251 NLRB v. SW General, Inc, 5 US Code § 3346 - Time limitation, 5 US Code § 3349a - Presidential inaugural transitions, 5 US Code § 3349c - Exclusion of certain officers, Fed Figures 2014: Federal Workforce, Demographic Profile of the Federal Workforce, As of September 30, 2010, L.M.-M., et al., Plaintiffs, v. KENNETH T. CUCCINELLI II, Legality of Service of Acting Secretary of Homeland Security, OA61: Flyin' the Friendly Skies

Kate and Leah break down the first week of arguments from the November sitting, as well as some developments on the Court’s shadow docket.

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• 6/12 – NYC
• 10/4 – Chicago

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Dahlia Lithwick is joined by Amicus’ election law whisperer, UC Irvine election law professor Rick Hasen, to sift through the results, the non-calls, and the many, many lawsuits of this post-election moment.

 

Then, Dahlia is joined by Jim Zirin, former federal prosecutor and author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits, to map out the playbook the president is pulling from today and always--from his Supreme Court picks to all-caps claims of voter fraud. 

In our Slate Plus segment, Mark Joseph Stern reports on the big case at the intersection of religious liberty and the right of LGBTQ people to become foster parents that was heard at the Supreme Court this week. And what, if anything, we can draw from Amy Coney Barrett’s first week on the bench (on the phone). 

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Podcast production by Sara Burningham.

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On October 6, 2020, the Supreme Court heard oral arguments for Rutledge v. Pharmaceutical Care Management Association. The issue in this case is whether states have the right to regulate pharmacy benefit managers, or PBM’s. Leslie Rutledge, Arkansas’s Attorney General, has petitioned the court to overturn the United States Court of Appeals for the Eighth District’s prior decision to maintain Arkansas’ statute regulating PBMs’ drug reimbursement rates. Rutledge argues the statute is preempted by the Employee Retirement Income Security Act of 1974.
Max Schulman joins us to discuss this case’s oral arguments. Schulman is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher.

On November 2, 2020, the Supreme Court heard oral arguments in U.S. Fish and Wildlife Service v. Sierra Club. This case addresses the scope of transparency under the Freedom of Information Act’s key “deliberative process” privilege. More specifically, oral argument addressed whether documents drafted as part of a statutorily required interagency consultation process between the U.S. Fish and Wildlife Service and National Marine Fisheries fall under exemption 5 of FOIA. This exemption grants that records that are “inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency” are protected from disclosure.
Joining us today to discuss this case’s oral argument are Nancie Marzulla and Damien Schiff. Ms. Marzulla is Partner at Marzulla Law, and Mr. Schiff is a Senior Attorney at the Pacific Legal Foundation.

Biden is all but assured victory, and despite the election not going nearly as well as we'd hoped, there's still a chance to take the Senate! However, Trump is throwing every terrible legal challenge he's got at the problem. Andrew breaks down why they're all incredibly stupid and doomed to fail.

Links: SIO263: Not the Worst Possible Outcome, But Close, Slate - A Large Portion of the Electorate Chose the Sociopath, Georgia Code § 21-2-501, Trump lawsuit Michigan, Trump's lawsuit Pennsylvania, Trump Lawsuit Georgia, OA25: Could Jill Stein Decide the Presidency? (No.), Wisconsin Statutes § 9.01 (2019) — Recount, Georgia Code § 21-2-495 (2019) - Procedure for recount or recanvass of votes, 2019 Georgia Code: Contested Elections and Primaries.

This is an emergency mini-episode in which Andrew breaks down all the events surrounding Hotze v. Hollins, which is the case involving Republican efforts to throw out 127,000 early votes in Harris County, Texas – which has nearly five million people and includes almost all of the city of Houston.  It’s (mostly) good news, and we go through all the appellate stuff, too.  Stay an Optimist Prime today!

Links:

1. Hotze v. Hollins order by District Court Judge Hanen.
2. Plaintiff’s request for emergency relief in the 5th Circuit.
3. News story re: 7 Pennsylvania counties that won’t count mail-in votes on Election Night

That's right, EVERY state. So if you, or anyone you know, is doing the "eh my vote doesn't matter because I'm in x state" NO. STOP. Listen to this episode and share it with that person who needs it! It really matters!

Links: Congressional Elections in Presidential Years: Presidential Coattails and Strategic Voting, Why Pennsylvania’s Vote Count Could Change After Election Night, How election votes and data for 2020 are collected at NBC news, Head of Fox News Decision Desk: Why results in swing states likely won't be known on election night, Control Of Redistricting Is Up For Grabs In 2020.

Leah, Melissa, and Kate take a virtual road trip to UVA Law to dish on the upcoming November sitting with the hosts of the Common Law podcast, Dean Risa Goluboff and Professor Leslie Kendrick.

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

Follow us on Instagram, Threads, and Bluesky