On April 6, 2020, the Supreme Court held by a vote of 8-1 that when a law enforcement officer lacks information negating an inference that a vehicle’s driver is the registered owner, an investigative traffic stop made after running the vehicle’s license plate and learning that the registered owner’s driver’s license has been revoked is reasonable under the Fourth Amendment. In an opinion written by Justice Thomas, the Court invoked its 1981 decision in United States v. Cortez (1981), which indicates that an officer may initiate a brief investigative traffic stop if he or she has a “particularized and objective basis” to suspect legal wrongdoing. Here the officer’s inference that the vehicle’s registered owner--whose license was revoked--was also the current driver was a commonsense one; even if not invariably true the inference was reasonable, and the officer possessed no information sufficient to rebut it.
Justice Thomas’ majority opinion was joined by all other justices except Justice Sotomayor, who dissented. In addition, Justice Kagan filed a concurring opinion that was joined by Justice Breyer.
To discuss the case, we have Brian Fish, Special Assistant, United States Attorney, Baltimore, Maryland.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Opening Arguments - OA375: Knowledge Fight!
Today's episode is a fun interview with Dan and Jordan from the Knowledge Fight! podcast, your #1 source for deciphering the otherwise-indecipherable world of Alex Jones. We think you'll enjoy this interview; it's got a little bit of everything -- laughter, tears, and, of course, madness.
After the interview, it's time to answer an exciting new #T3BE civ pro question that involves res judicata — a concept so convoluted, courts often screw it up. Will Thomas get it right? Listen and find out!
Patreon Bonuses
We're still bringing you the Patreon bonuses! You can submit proposed new intro quotes for the show, and you can also participate in the Transformers coloring book challenge! And, if you missed it, don't forget to listen to the audio from March’s LIVE Q&A and Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides! PHEW!
Appearances
Once more, Andrew was a guest on the Daily Beans Podcast, breaking down the week in news. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.
Show Notes & Links
- You should really check out the Knowledge Fight! podcast!
-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!
Strict Scrutiny - Build A Bridge
A special opinions episode! The Supreme Court has issued a lot of opinions recently, and we wanted to get you caught up on some of them.
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
Opening Arguments - OA374: The Light at the End of the Tunnel
Today's episode covers a number of stories that might be bad news for now, but each one, we think there's a reason to be optimistic beneath the surface. We also make sure we're holding Idaho's feet to the fire for the anti-trans bills that state tried to sneak past the radar this week, and we tell you the fate of states that have tried to restrict access to abortion using COVID-19 as pretext.
We begin with a survey of the landscape including the states that haven't issued stay-at-home orders. There's an interesting commonality among these states' governors; can you figure it out??
Then, it's time for our main segment which is a deep dive into Idaho HB 509 that attempts to prevent trans people from changing their gender on their birth certificate. The bill is horrible, bigoted, and mean... and yet why are we optimistic? You'll have to listen and find out!
After all that, it's time to take a look at the six states that have attempted to restrict access to abortion services during COVID-19 and examine the latest rulings by the Fifth Circuit. Why isn't it as bad as you've heard? We tell you exactly why.
We conclude, as always, with a brand-new #T3BE featuring a civ pro question that involves res judicata -- a concept so convoluted, courts often screw it up. Will Thomas get it right? Listen and find out!
Patreon Bonuses
There’s still so much right now! If you’re a Patron, you can submit proposed new intro quotes for the show, and you can also listen to the audio from March's LIVE Q&A! Oh, and if you missed it, you can also enjoy Andrew’s Lecture, “We’re All Gonna Die!” and the accompanying slides!
Appearances
Andrew was just a guest on the Daily Beans Podcast, talking megapastors flaunting the law. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.
Show Notes & Links
- You should read F.V. v. Barron, the Idaho case we discussed at length, as well as the current Idaho rules regarding birth certificate changes. You can also check out the WPATH Standards of Care document.
- This is the 5th Circuit's order on abortion.
-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!
Opening Arguments - OA373: The Happy Show!
Idiotic legal pleadings, sports law, and some news debunking... what could be happier?
Strict Scrutiny - Throwing Elbows
Leah and Jaime recap other arguments from the February sitting that was a lifetime ago! They cover Sineneng-Smith v. United States, DHS v. Thuraissigiam, and of course a case argued by that guy Paul -- Seila Law v. CFPB.
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
Amicus With Dahlia Lithwick | Law, justice, and the courts - Protecting Democracy in a Pandemic
Dahlia Lithwick is joined by Ian Bassin, former associated White House counsel from 2009-11 and co-founder of Protect Democracy for a look at the pain points, tensions, and glimmers of hope in how this constitutional democracy is handling the unprecedented challenges presented by COVID-19.
In the Slate Plus segment, Mark Joseph Stern on why Justice Elena Kagan is voting with the conservatives, the unanimous decision in Comcast Corp. v. National Association of African American Media and what it means for future civil-rights cases, and the crisis unfolding in the immigration courts. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
Learn more about your ad choices. Visit megaphone.fm/adchoices
Opening Arguments - OA372: The CARES Act, COVID-19, and Your $1,200 Check
Today's episode breaks down the three main provisions of the just-passed CARES Act in terms of (1) additional unemployment benefits, (2) tax relief in the form of advance $1,200 "rebate" checks to taxpayers, and (3) the $500 billion "slush fund" for corporate giveaways. While there's more in this 880-page monstrosity, we break down the key parts for you!
We begin, however, with some good news about the impending retirement of Ohio Rep., Trump-supporting lunatic, and soon-to-be-White House Chief of Staff Mark Meadows. Does this violate the Ineligibility Clause of the Constitution? YOU BETCHA. Is it #ClearAsKushner? YEP! And this time, does it matter? YES IT DOES!
After that it's time for a full breakdown of the main components of the CARES Act, including how much money you'll be getting and when, what the costs are, and what the provisions are that can come into play to prevent all of this from winding up in Jared Kushner's pocket. You won't want to miss it!
After all that, it's time for a quick segment on IRS Form W-7, which allows you to pay your taxes if you're a nonresident alien.
Patreon Bonuses
There's so much right now! If you're a Patron, you can submit your questions for next Tuesday's LIVE Q&A scheduled for 3/31 at 8 pm Eastern / 5 pm Pacific, and you can also enjoy Andrew's Lecture, "We're All Gonna Die!" and the accompanying slides!
Appearances
Andrew was just a guest on the Daily Beans Podcast, talking President Leahy. If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.
Show Notes & Links
- On the Ineligibility Clause: check out Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208 (1974) (restricting taxpayer and citizen standing) and Metropolitan Washington Airports Authority et al. v. Citizens For The Abatement Of Aircraft Noise, Inc., et al., 501 U.S. 252 (1991) (invalidating Congressional action pursuant to the Ineligiblity Clause).
- You can read the final CARES ACT for yourself, all 880 pages of it!
- Please do fill out IRS Form W-7 if it applies to you.
-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!
Opening Arguments - OA371: Your COVID-19 Questions, Continued!
Today's episode is the second half of our double-length episode in which we tackle your questions about the coronavirus and the law. If you haven't listened to Episode 370 (Part 1) first, go check that out!
We tackle:
- The extent of federal and state powers during emergencies, including the National Emergency Act, 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264;
- And we contrasted that with state powers, such as 2018 Maryland Code, Public Safety Art., Title 14, Article 3.
- Whether the House of Representatives has to vote in chamber, or whether they can use technology;
- Whether restrictions on gatherings violate the First Amendment;
- Whether you can be charged with a crime for spreading coronavirus;
And much, much more!
No #T3BE this week as we jam-pack 2.5 hours of content for your self-quarantining listening pleasure!
Patreon Bonuses
If you’re at the $2 level or above, we have an amazing new Law’d Awful Movies featuring the Larry Klayman/Roger Stone deposition that must be heard to be believed! Cucker Carlson!
Appearances
None! If you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.
Show Notes & Links
- As an overview to states of emergency, we began with Ex parte Milligan (1866).
- Federal powers: 50 U.S.C. Ch. 34, the Stafford Act, 42 U.S.C. § 5121, and 42 U.S. § 264; the federal government has enumerated powers as per the 10th Amendment.
- Check out the Rules of the House of Representatives.
- On time, place & manner we cited Ward v. Rock Against Racism, 491 U.S. 781 (1989).
-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!
Strict Scrutiny - We See You, Steve
Just what you need for quarantine-- a whole episode recapping the arguments in June Medical Services v. Russo. Plus, our suggestions for making the justices WFH, and rumors on who President Joe Biden's SCOTUS picks might be.
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