Category: 3-LawSometimeCommentary

On January 19, 2021, the Supreme Court heard oral argument in BP P.L.C. v. Mayor and City Council of Baltimore. The question presented was whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court when the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443.
Philip Goldberg, Special Counsel for the Manufacturers’ Accountability Project, and Washington D.C. Office Managing Partner, Shook, Hardy & Bacon, LLP, joins us today to discuss this case's oral argument.

In case you missed it, we have a president now! Andrew gives us the full deep dive on his first day in office and all the harm reduction the administration has already achieved!

Links: All the Biden Executive Orders, Trump's stupid Reducing Regulation and Controlling Regulatory Costs and Enforcing the Regulatory Reform Agenda and Evaluating and Improving the Utility of Federal Advisory Committees, Board of Scientific Counselors - ATSDR, Trump Promoting the Rule of Law order, Executive Order 13,891 Sub-Regulatory Guidance Document Portal Tops 70,000 Entries, 18 U.S. Code § 207, FACT SHEET: President-elect Biden's Day One Executive Actions

Leah, Melissa, and Kate are joined by Rutgers Law Dean Kim Mutcherson, host of “The Power of Attorney” podcast, to break down (FOR NOW) the Court’s recent grants, the decision in FDA v. ACOG, and to recap and preview some January cases.

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 6/12 – NYC
• 10/4 – Chicago

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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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More consequences! This time it's for Lin Wood, absolute clownhorn and terrible attorney responsible for some of the worst election suits. A judge in Delaware issued him quite the smackdown, by lawyer standards. Then we talk with Jamil Favors, who you will remember from our Georgia Election Fundraiser! Jamil was the Deputy Voter Protection Director for the DSCC. We talk about how election night went for him and also what the future holds. Which state might be the next Georgia?

Links: Page sues Oath, Inc, Wannabe Biglaw Firm Closes Its Doors, Dallas-Based Attorney To Represent Kenosha Shooter, Lin Wood Argues Kenosha Shooting Was Justified By … Second Amendment?, Delaware Judge sua sponte order, Judge glorious smackdown

Introducing "Amarica's Constitution;" Electoral pitfalls in the Constitution and the election of 2020 - Part I.  

It didn't feel smooth, but believe it or not, many things didn't go wrong that might have in the recent election.  For example, what happens if a candidate dies on or about Election Day?  Akhil and Andy discuss how issues of election timing, the electoral college, the Greeley Precedent, presidential succession, the 12th and 25th Amendments, and partisan politics make for a witches' brew that is denying Professor Amar his beauty sleep.

Dahlia Lithwick is joined by Juliette Kayyem, former assistant secretary at the Department of Homeland Security under President Barack Obama, currently serving as the faculty chair of the homeland security program at Harvard’s Kennedy School of Government, to look at the violent extremist elements of the MAGA movement and how counterterrorism tools can inform the response to the attack on the Capitol and President Trump’s “stochastic terrorism.”

In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss developments in the judiciary in North Carolina and Pennsylvania, the high court’s decision to greenlight more federal executions in the last days of the Trump administration, and the first abortion case of the Amy Coney Barrett era. 

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Podcast production by Sara Burningham.

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Dahlia Lithwick is joined by Juliette Kayyem, former assistant secretary at the Department of Homeland Security under President Barack Obama, currently serving as the faculty chair of the homeland security program at Harvard’s Kennedy School of Government, to look at the violent extremist elements of the MAGA movement and how counterterrorism tools can inform the response to the attack on the Capitol and President Trump’s “stochastic terrorism.”

In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss developments in the judiciary in North Carolina and Pennsylvania, the high court’s decision to greenlight more federal executions in the last days of the Trump administration, and the first abortion case of the Amy Coney Barrett era. 

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

Podcast production by Sara Burningham.

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Due to recent political victories and incredible hard work, consequences DO exist! First, Andrew breaks down that viral tweet which really misrepresented what the results of an impeachment conviction would be. While there will be consequences if Trump is convicted, the viral tweet doesn't capture it correctly. But that's not all! Many people have been talking about using the 14th amendment to expel traitorous Republicans, but Andrew is here to... CONFIRM THAT WE CAN! It's great news, and the case history is super fascinating.

Links: The resolution, 25th amendment resolution, former presidents act, 3 US Code § 102, 14th Amendment history, FORGOTTEN CONSTITUTIONAL LAW OF TREASON, Morton Stavis, Berger v. U.S., 255 U.S. 22 (1921), Powell v. McCormack, 395 U.S. 486 (1969), Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, The Forgotten Constitutional Law of Treason, Standard Form 86, @NatlSecCnslrs

Just when you think shows can't get any more positive, we've got another happy one for ya! It's perfect phone call #2 (that we know about) and Andrew thinks there is a rock solid case for Trump for prison! Before that we discuss Marcus's motion to withdraw. He wrote a conspiracy BS article in the Federalist that we can't even link on Twitter because it gets blocked.

Links: Trumps full phone call, Turley: It’s legally absurd to claim Trump committed crime in call with Georgia election officials, Georgia Code 21-2-604, 21-2-562, § 45-11-1

On December 18, 2020 the Supreme Court heard oral argument in Henry Schein Inc. v. Archer and White Sales Inc. The question presented was whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. The Fifth Circuit stated that an agreement that exempts certain disputes from arbitration does not clearly and unmistakably delegate arbitrability to the arbitrator for disputes that fall within the exception.
Erika Birg, Partner at Nelson Mullins Riley & Scarborough LLP, joins us today to discuss this ruling.