Category: 3-LawSometimeCommentary

And two of those names are: Jacob Wohl and the NRA! It's a consequences show! While consequences might be an endangered species these days, Tish James shows us that species still has teeth. You may know Jacob Wohl as that right wing troll who absolutely should be in jail right now for any number of things, like fabricating blackmail material against Elizabeth Warren, for example. He's in big trouble for yet another criminally awful plot. Then, Andrew breaks down the recent bankruptcy decision regarding the NRA, and why it's bad news for them and good news for not them. Links: KKK act v Wohl, court order denying stay, James motion to intervene Wohl, Wohl opposing intervention, OA410: NY AG Files to Dissolve the NRA!, Order dismissing NRA bankruptcy

Will and Dan finish up their conversation about the shadow docket. They discuss the Court’s summary reversal practices, try to get to the bottom of what might be wrong with the shadow docket, and ponder what it means for Supreme Court justices to act in “good faith.”

In March, the NYU School of Law hosted the the Birnbaum Women’s Leadership Network's symposium on Politics, Power, and Women’s Leadership. As a part of the event, Melissa interviewed Congresswoman Katie Porter about her experience running for office, child care as infrastructure, and, of course, her big whiteboard energy.

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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In the inaugural episode of Divided Argument, Will and Dan have the first part of a two-part discussion of the Supreme Court's "shadow docket." Will explains how he came to coin the now-famous phrase in a 2013 article, and how good advice from a friend helped him avoid a "terrible title" for that piece. Will and Dan also discuss Justice Alito's contribution to the important field of original jurisdiction before closing out the episode with a plea for reviews on your podcast app of choice. 

Big updates in the Derek Chauvin case! First, the judge found four aggravating factors. This is what Andrew predicted, but not exactly the same four! Also, one of the other officers in the case has filed a motion alleging witness coercion. We break down what this means, and how worried we should be. In our first segment, we answer an excellent patron question about an old OA episode: What ever happened to the Arlene's Flowers case? We discussed it back on OA180, and Andrew Seidel made a prediction that held up very well. Finally, apportionmentcalculator.com has been fixed, and a listener gives us great info about Census Blocks! Links: Church of the Lukumi Babalu Aye v. City of Hialeah, Docket for 17-108, Arlene's Flowers Remand, Thao motion, Federal indictments for all 4 cops, 18 U.S. Code § 242 - Deprivation of rights under color of law, Former Md. medical examiner's testimony for Chauvin defense leads to call for review of past cases, MINNESOTA SENTENCING GUIDELINES, Aggravating factors filing

Appearances

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In the wake of the publication of The Words That Made Us, Akhil comes full circle, as his first book was The Bill of Rights.  To complete that circle, Professor Nadine Strossen, the youngest person and first woman to lead the ACLU as its president (for 17 years!) joins Akhil and Andy for a discussion that ranges from the current Supreme Court case on cheerleaders’ (and all other students’) rights to the famous Tinker case; from Citizens United to The Godfather.  And just what is wrong with The Sopranos?

On May 4, 2021 the Supreme Court heard oral argument in Terry v. United States. The question before the court was whether pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.
Vikrant Reddy, Senior Reserch Fellow at the Charles Koch Institute, joins us today to discuss this case's oral argument.

Andrew is giggling like a school child right now as we present the deep-dive you didn't know you needed! It's transform...ing robots (not quite Transformers) and some really intricate IP law! It also involves Italian Trump! Before that, we have a correction on trademarking numbers, and some mini-dive into an Ugg lawsuit! Links: Ugg Lawsuit final order, 15 US Code § 1117 - Recovery for violation of rights, USD287037S - Changeable robot toy, 2003 Court Tokyo High Court Case, 2017 Arbitration, Macross Sequels and Films To Be Released Worldwide

Kate & Melissa host Heather McGhee to discuss her new book, The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together.

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

Dahlia Lithwick is joined by Preet Bharara, former U.S. Attorney for the Southern District of New York, host of Stay Tuned with Preet, and author of Doing Justice. Bharara gives an insider’s view of Rudy Giuliani’s current plight, they also discuss this week’s ruling from a federal judge rebuking former attorney general Bill Barr.

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Podcast production by Sara Burningham.

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