Category: 3-LawSometimeCommentary

The very person in charge of Homeland Security is essentially "here illegally." The upside is, though, there is a one weird trick to undo everything he has done while overstaying his tenure! And by "trick" we mean a lengthy A. Torrez deep dive, so tune in!

Before that, we talk about updates in the Flynn case and how the government is LYING about a Federal Rule.

Links: DOJFlynnEnBancReply, 5 US Code § 3346 - Time limitation, 6 US Code § 551 - Transitional authorities, 22 US Code § 9685 - Transitional authorities, 5 US Code § 3348 - Vacant office, National Labor Relations Board v. SW General, The Vacancies Act: A Legal Overview, DHS Under Boss, Trump's New Acting AG Unconstitutional?, Acting Officers and the Federal Vacancies Reform Act, List of Bailfunds

Melissa talks with Adam Cohen about his book Imbeciles: The Supreme Court, American Eugenics, And The Sterilization Of Carrie Buck.

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When Ruth Bader Ginsburg became the second woman appointed to the U.S. Supreme Court, the women who went to law school with her knew something of what it had taken to get there. In the second part of this special series, Dahlia Lithwick talks to Justice Ginsburg’s classmates about their lives in the law after Harvard, and to Justice Ginsburg herself about what women in the law today can take from their stories. 

Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here. 

Archive of President Bill Clinton announcing his intent to nominate Ruth Bader Ginsburg to the Supreme Court courtesy; William J. Clinton Presidential Library.

Podcast production by Sara Burningham.

Learn more about your ad choices. Visit megaphone.fm/adchoices

When Ruth Bader Ginsburg became the second woman appointed to the U.S. Supreme Court, the women who went to law school with her knew something of what it had taken to get there. In the second part of this special series, Dahlia Lithwick talks to Justice Ginsburg’s classmates about their lives in the law after Harvard, and to Justice Ginsburg herself about what women in the law today can take from their stories. 

Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here. 

Archive of President Bill Clinton announcing his intent to nominate Ruth Bader Ginsburg to the Supreme Court courtesy; William J. Clinton Presidential Library.

Podcast production by Sara Burningham.

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On June 30, 2020 the Supreme Court released its decision in United States Patent and Trademark Office v. Booking.com B.V.. In an 8-1 decision, the Court upheld the ruling of the lower court, which found that “Booking.com” is not a generic term, and is thus eligible for trademark protection. Justice Ginsburg wrote the majority opinion for the Court, writing that a website styled “generic.com” does not qualify it for federal trademark protection if the term has meaning to consumers; however, because “Booking.com” does not necessarily signify to consumers an online hotel reservation service, it is therefore not a generic term, and qualifies for protection. Justice Sotomayor authored a concurring opinion, and Justice Breyer dissented.
Joining us today to discuss this case and its implications is Zvi Rosen, Visiting Scholar and Professorial Lecturer in Law at George Washington University’s School of Law

Listeners and co-hosts alike have been wanting Andrew to do a breakdown of the situation in Portland. There are big questions like, for example, how? and WTF? and what can anyone do? Andrew answers these and gives us the timeline of what's led to the Trump administration sending out paramilitary troops to abduct people in unmarked vans, like a totally non-fascist president would do. Before that, we talk about the gun wielding couple from St. Louis who threatened BLM protestors, and how they're totally not going to face any justice for their undeniable crimes because they are white.

Links: OA307: The Census Fight Is Not Over, St. Louis lawyers Mark and Patricia McCloskey, 2005 Missouri Revised Statutes - § 571.030. — Unlawful use of weapons, St. Louis Gun Couple Charged, MO Gov Vows To Pardon Gun Couple, Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar, Acting Secretary Wolf Condemns Violence In Portland, Portland Fence To Come Down, Portland City Council votes to defund police by $15 million, Executive Order on Protecting American Monuments, Federal Officers Deployed in Portland Didn't Have Proper Training, Man Shot in Face with Rubber Bullet, Portland Roadside Abduction, Ocasio-Cortez to introduce bill requiring federal officers to identify themselves, Terry v. Ohio, 8 USC 1357, 42 U.S. Code § 1983 - Civil action for deprivation of rights, Bivens v. Six Unknown Named Agents, In re Neagle, 18 USC 242

On July 6, 2020, the Supreme Court affirmed the power of the states to regulate the decisions of presidential electors in Chiafalo v. Washington and its companion case Colorado Department of State v. Baca. The Court held that States may fine--or even replace--electors who vote for a candidate other than the winner of the statewide popular vote.


Joining us today to discuss this decision and its implications is Derek Muller, Professor of Law at University of Iowa College of Law.

On July 6, 2020, the Supreme Court affirmed the power of the states to regulate the decisions of presidential electors in Chiafalo v. Washington and its companion case Colorado Department of State v. Baca. The Court held that States may fine--or even replace--electors who vote for a candidate other than the winner of the statewide popular vote.
Joining us today to discuss this decision and its implications is Derek Muller, Professor of Law at University of Iowa College of Law.

On June 25, in a 7-2 decision, the Supreme Court issued the opinion, penned by Justice Alito, in the case Department of Homeland Security v. Thuraissigiam.
The court reversed and remanded the case to the courts below, holding that, As applied in this case, U. S. C. § 1252(e)(2)—which limits the habeas review obtainable by a noncitizen detained for expedited removal—does not violate the suspension or due process clauses.
Justice Thomas filed a concurring opinion. Justice Breyer filed an opinion concurring in the judgment, in which Justice Ginsburg Joined. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined.
To discuss the case, we have O.H. Skinner, Arizona Solicitor General.

Dahlia Lithwick goes back to where one of the most influential legal careers in US history began—Harvard Law School, September 1956—to find out what we can learn from the other women of the class of 1959, and their notorious classmate. 

Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here. 

Podcast production by Sara Burningham.

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