In July, Slate published "The Class of RBG,” a print piece and two podcast episodes about the nine other women in Ruth Bader Ginsburg’s Harvard Law School class. June Thomas talked to Dahlia Lithwick and Molly Olmstead about the making of the package on the July 26 episode of Working, Slate’s podcast about the creative process. We thought Amicus listeners would enjoy a slightly extended version of that interview.
Joe has made his pick and it's (predictably) Senator Kamala Harris! Andrew is bringing us an extensive, balanced deep-dive into Harris's record in the Senate, as California AG, and as a prosecutor for San Francisco. Rather than try to condense Andrew's extensive notes for this one, I'm linking them. Find his sources here.
Before the main segment we read a listener comment about the census, and later in the episode we bid a fond farewell to Ed Brayton, a friend of the show who passed away this week. Rest in Peace.
Returning to the show is Randall D. Eliason, a law professor, writer and commentator on corporate and white collar criminal law! We discuss the Flynn case in more depth, as well as a bribery angle on the Roger Stone commutation. Check out Prof. Eliason's Sidebars Blog.
Before that, Andrew has on voting by mail. Nevada has passed a bill AB4 that Trump in challenging in a truly ridiculous way. Find out why!
Leah and Kate are joined by Sherrilyn Ifill, President and Director-Counsel of NAACP LDF. They further break down the “shadow docket” cases from last term, highlight an underappreciated theme of the last term, and identify some things to watch in the next few months.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
In a HUGE breaking news story, the New York Attorney General has sought to dissolve the NRA over rampant corruption! The complaint is nearly a couple hundred pages, but our esteemed Andrew has already read it and has the breakdown for us in a truly rapid response Friday! Questions he answers include: what are the alleged facts? Can NY actually do this? Could LaPierre simply re-form the NRA somewhere else? And more!
Jed Shugerman is a Professor of Law at Fordham University. He and his colleague Ethan Leib filed a motion before Judge Amy Berman Jackson regarding Roger Stone's commutation. They argue "that the Constitution limits the pardon power to uses that are in the public interest, not primarily for self-interest, self-dealing, or self-protection." For more information and for links to Jed's law review articles related to these arguments, check out his blog post.
Today's episode takes a deep dive into the Republican proposal to extend the CARES Act, which is (of course) called the HEALS Act. It's a Republican proposal, so you know it's probably terrible, but... how bad is it? (Bad.) Listen and find out!
We begin, however, with some good news! The D.C. Circuit has granted en banc review and vacated the prior panel opinion in the Michael Flynn case. That means our amicus brief is (potentially) back in business, baby!
From there, we take down Trump's idiotic distract-o-Tweet of the day involving postponing the 2020 Election. No. He can't do this. It won't happen. Trump's a monster, but no.
Then it's time for a deep dive on the CARES Act, which includes some mystery provisions we've outsourced to you, our listeners!
After all that, it's time for #T3BE, this one a (straightforward?) question about permissible witness testimony. Remember that you too can play along by sharing this episode on social media using #T3BE.
Andrew pops in again for an interview on The Daily Beans. And 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
We broke down why Trump can't cancel the election in detail in Episode 370.