my private podcast channel
A giveaway to mark our one year podiversary!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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
A giveaway for law students and recent graduates to come to our second virtual happy hour for glow supporters!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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
This episode breaks down exactly what happened in the Supreme Court's surprising 6-3 decision in Bostock v. Clayton County holding that discrimination on the basis of sexual orientation and/or gender identity is discrimination "because of sex" under Title VII of the Civil Rights Act of 1964. It's a great decision, we tell you why, and we give you some additional insights about Neil Gorsuch.
We begin by diving into the case! We tell you exactly what it does (and doesn't) mean, figure out why this case took so long to get to a decision, and how it's exactly the ruling we thought might have been possible ever since the 7th Circuit's en banc decision in Hively v. Ivy Tech that we discussed way back in Episode 60.
In figuring that out, we discuss the narrow differences between "texualism" and "originalism," even though this show tends to lump them together.
As part of the analysis, we take a look into Neil Gorsuch's voting patterns to see if he's a secret liberal. Hint: he isn't.
After all that, it's time for the #T3BE answer on Constitutional law. Can the university fire a professor for her political views? Listen and find out!
Patreon Bonuses
All patrons get a special behind-the-scenes deep dive into our amicus brief!
Appearances
None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.
Show Notes & Links
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!
-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
-Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials!
-And finally, remember that you can email us at openarguments@gmail.com!
Leah and Melissa are joined by special guest Chase Strangio for a big recap episode of a big week. They cover some developments on the orders list and two major decisions (the Title VII decision and the DACA decision).
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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
Dahlia Lithwick is joined by Luis Cortes Romero, the attorney and DACA recipient who was part of the team that prevailed in this week’s DACA ruling. He will restore some of your faith in the American courts. And then Dahlia talks to Professor Pam Karlan about this week’s landmark LGBTQ employment rights case, in which she argued successfully for Title VII protections to apply to gay, lesbian, bisexual, and transgender employees.
In the Slate Plus segment, Mark Joseph Stern tries to help Dahlia figure out who this new Chief Justice John Roberts is and what that can tell us about the remaining (huge) opinions still to be issued this term.
Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Today's bonus episode takes a deep dive into the lawsuit brought by the Trump Administration to try and block the publication of John Bolton's tell-all book. We break down the legal arguments and tell you whether you can look forward to getting that copy you ordered or not. (And seriously, you shouldn't give money to John Bolton. He's still a scumbag.)
We begin, however, with a quick Andrew Was Right! in that PG&E pleaded guilty to 84 counts of manslaughter; we told you PG&E was likely criminally liable way back in Episode 241!
Then, it's time to break down the Justice in Policing Act of 2020 which just passed the House Judiciary Committee and is an unambiguously good bill. Listen and find out why!
After that, it's time to dig in to both the Complaint and the motion for TRO filed by the United States on behalf of Donald Trump because John Bolton's book made Trump feel bad. Do we really live in a society in which that happened? Yes. Do we live in one in which the court will grant injunctive relief? No. Listen and find out why.
No #T3BE in this bonus episode but there's lots and lots of great content!
Patreon Bonuses
All patrons get a special behind-the-scenes deep dive into our amicus brief!
Appearances
None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.
Show Notes & Links
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!
-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
-Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials!
-And finally, remember that you can email us at openarguments@gmail.com!
Today's episode might have been titled "Andrew Was Really, Really Wrong," as we break down this rather surprising week in the Supreme Court, including the Title VII cases, the Court's refusal to grant cert on any gun case, and the DACA decision.
We begin with a quick Happy Juneteenth!
From there, we tackle the ways in which Andrew Was Wrong, starting with the Court's decision in Bostock v. Clayton County, the consolidated case in which the Court has now held that Title VII of the Civil Rights Act of 1964 protects sexual orientation and gender identity. We promise you it isn't a poison pill; it's an unambiguously good decision.
After that, it's time to talk about another thing Andrew was wrong about that's kind of flown under the radar -- the fact that the Supreme Court denied certiorari in all 10 of the pending gun cases, allowing some good rulings to stand and forestalling some bad new law on the Second Amendment.
Then, it's time to break down the Court's ruling in Regents of the University of California v. Trump, the case involving whether the Trump administration can unilaterally end DACA. The Court ruled they can't -- but this decision has a number of red flags in it that we discuss on the show.
After all that, it's time for a brand-new #T3BE about constitutional law and whether a religious university can fire a professor for what she writes in an op-ed?
Patreon Bonuses
All patrons get a special behind-the-scenes deep dive into our amicus brief!
Appearances
None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.
Show Notes & Links
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!
-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
-Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials!
-And finally, remember that you can email us at openarguments@gmail.com!
Leah, Melissa, and Kate are joined by Luis Cortes-Romero to recap the DACA-licious DACA opinion that dropped today!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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
Melissa and Leah are joined by Elie Mystal, justice correspondent for The Nation, to discuss why the Supreme Court doesn't get the media coverage it deserves.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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
Today's show takes a deep dive into the Supreme Court, with the theme of "Shame Justice Roberts," and we recorded this... just before Justice Roberts (and, surprisingly, Neil Gorsuch) voted to affirm in the Zarda cases, recognizing that Title VII of the Civil Rights Act of 1964's prohibition "on the basis of sex" includes sexual orientation. Andrew was (happily) wrong indeed.
We begin, however, with a discussion of the latest madness coming out of the Senate Judiciary Committee and how Andrew would fight it.
Then, it's time for our Supreme Court roundup, which featured not only Zarda, but a look at the pending gun cases (all of which were denied) and an analysis of the South Bay Pentecostal Church v. Newsom decision permitting California to establish medical restrictions on churches and other places of public accommodation.
After all that, it's time for the answer to #T3BE involving real property!
Patreon Bonuses
All patrons get a special behind-the-scenes deep dive into our amicus brief!
Appearances
None! But if you’d like to have either of us as a guest on your show, event, or in front of your group (virtually!), please drop us an email at openarguments@gmail.com.
Show Notes & Links
-Support us on Patreon at: patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/, and don’t forget the OA Facebook Community!
-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
-Remember to check out our YouTube Channel for Opening Arguments: The Briefs and other specials!
-And finally, remember that you can email us at openarguments@gmail.com!