Category: 3-LawSometimeCommentary

Sidney Powell's response to the Dominion Defamation suit is too batshirt to miss! Andrew brings us the full breakdown. Also, a jury has been selected in the Derek Chauvin trial so we've got some updates there. And finally, Andrew explains the gun control bills that have passed congress.

Links: Dominion response to Powell motion to extend time, Dominion complaint, Powell motion to dismiss, Minn. Sentencing Guidelines, Batson v. Kentucky (1986), Jurors In Derek Chauvin's George Floyd Murder Trial, Bipartisan Background Checks Act of 2021, Texas mass shooting, Enhanced Background Checks Act of 2021

On March 22, 2021 the Supreme Court heard oral argument in Cedar Point Nursery v. Hassid. The question before the Court was whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking under the Fifth Amendment.
Wen Fa, attorney at the Pacific Legal Foundation, joins us today to discuss this case's oral argument.

Andrew Jackson takes the stage in this, the fourth of four sets of readings from Akhil’s forthcoming (May) book, “The Words That Made Us.”  Jackson’s complex makeup, combining qualities from Washington and Jefferson, is revealed, and his status as America’s first truly Western president is explained, as is the shadow that his utter failure on slavery casts. Still, his championing of Union is one of the great Constitutional episodes of the early Republic, and Akhil gives a vivid description of this, the Nullification Crisis.  Somehow this leads to the insight that The Crown is like The Godfather.  Go figure. The podcast is sponsored by EverScholar (everscholar.org), where a few spots remain for an amazing, immersive learning experience in Greece this August.

It's a no takesies backsies deep dive! We all know the law is pretty reasonable and there's no way you get to keep millions of dollars that a bank wires you by accident, right? Wellllllll ordinarily yes, but sometimes no! Andrew's got the full breakdown on Citibank's big oopsie.

Before that, we talk about Alan Dershowitz's (s)hit new podcast and how he's lying about the My Pillow guy.

Links: OA198: What Is Alan Dershowitz Thinking?, Former Trump lawyer Alan Dershowitz is advising MyPillow CEO

Melissa, Kate, and Leah preview the March sitting and have a romp through court culture — cancel culture, the monarchy, media bias, and so much more!

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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Dahlia Lithwick is joined by Sen. Jeff Merkley of Oregon to discuss voting rights, democratic reform, and what it will take to get the For the People Act through Congress. This conversation was recorded as part of this year’s SXSW.

Slate Plus members have access to the whole interview. 

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Dahlia Lithwick is joined by Sen. Jeff Merkley of Oregon to discuss voting rights, democratic reform, and what it will take to get the For the People Act through Congress. This conversation was recorded as part of this year’s SXSW.

Slate Plus members have access to the whole interview. 

Sign up for Slate Plus now to listen and support our show.

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Remember sniveling weasel Brett Kavanaugh and the serious allegations against him by Dr. Ford and how he was "cleared" by an FBI investigation into the matter? Well according to Sheldon Whitehouse, that investigation might have been not just inadequate but perhaps FAKE. In our main story, Andrew breaks down the Ohio lawsuit attempting to block the American Rescue Plan. It involves a deep dive into anti-commandeering doctrine, which might not be what you think it is.

Links: FBI facing allegation that its 2018 background check of Brett Kavanaugh was ‘fake’, Whitehouse Releases Letter to Garland on Oversight Matters, OLC Politicization, Ohio attorney general sues Biden administration over $1.9 trillion stimulus

As “The Words That Made Us” approaches its May release, we continue to explore new perspectives on the early Presidents.  Akhil’s disillusionment with Jefferson is explained, and the rise of the third President’s cousin and near-usurper makes for some surprising moments.  We return to the visual for examples of particularly blatant painting propaganda, and a future guest makes a cameo.

You read that right, and no it's not opposite day! At least... I don't think it is. Anyway, Manchin has said some things about the filibuster that are incredibly encouraging! We've got the full breakdown and a mini filibuster dive for you. Then in our main segment, Andrew breaks down a decision in which Roberts dissented from the entire court... and in Andrew's opinion, he has it right!

Links: Brookings.edu, "The History of the Filibuster,", 19-968 Uzuegbunam v. Preczewski