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Mark Joseph Stern guest hosts and digs into two cases in the Supreme Court this week. First, the court’s questioning if Title VII of the Civil Rights Act extends to LGBTQ protections. Then, the addition of the citizenship question on the 2020 census. Finally, Dahlia interviews Richard Rothestein, author of “The Color of Law”, about the history of residential segregation.
Podcast Production by Danielle Hewitt
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Today's episode features a deep dive into a just-filed lawsuit by Sears against its CEO, Eddie Lampert, and certain directors, including Treasury Secretary Steven Mnuchin. The lawsuit alleges that Eddie & Steve managed to wreck not one but two long-standing American institutions. How? Why? And what does any of this have to do with one of the best comedies of all time, The Producers? Listen and find out!
We begin, however, with a very brief Andrew Was Wrong malapropism in which he confused a journalist with a philosopher. (There's a comedy setup in there somewhere.)
Then, it's time for the main segment, which breaks down the background on Mnuchin, especially how he teamed up with billionaire Eddie Lampert, and then how the two of them managed to turn less than a billion dollars into full ownership of both Kmart and Sears, each of which had eight-figure valuations at the time. And, as if that wasn't enough, you can find out how Lampert (allegedly) ripped off the public on Mnuchin's watch, all while enriching himself. Drain the Swamp! You'll also learn all about The Producers-style fraud. You can make more money with a flop than with a hit!
After all that, it's time for the glorious return of Thomas Takes the Bar Exam -- this time, featuring guest Monica Miller, who will be joining us for a full-length interview next episode. TTTBE question #123, however, is a dreaded real property question...will anyone be able to get it right??
Appearances
None! If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.
Show Notes & Links
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: https://www.facebook.com/openargs/
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
And email us at openarguments@gmail.com
Today's episode brings you a trio of stories about the changing political landscape in the wake of the release of the [REDACTED] Mueller report; namely (1) will the President be impeached (and if so, can the Senate block the impeachment), (2) will we see a full, unredacted version of the report, and (3) just how pro-Russia is this administration, anyway?
We begin with a question asked by listener Thomas S. as to whether Mitch McConnell can... well, Mitch McConnell any impeachment hearings. And while the answer may not surprise you, we think you'll want to know why.
Then, we move on to another listener question, this one about whether the Trump campaign actually did soften language in the GOP platform related to Russia. Was that story actually "debunked?" (No.) We debunk the debunking for your edification!
After that, it's time for a two-fer of embedded stories that bear on the question of redactions. We look briefly at McKeever v. Barr and evaluate whether that will prevent the ultimate release of the full Mueller Report as well as check in on developments in a FOIA case.
No #TTTBE this week!
Appearances None! If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.
Show Notes & Links
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: https://www.facebook.com/openargs/
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
And email us at openarguments@gmail.com
Today, we break down the just-released [REDACTED] Mueller report. The top-line analysis? This is much worse than we anticipated in Episode 264. This report may not be the end of the road for Trump -- but it almost certainly is the end of the road for Attorney General William Barr.
That's it! We spend nearly 90 minutes delving through the minutiae and correcting the egregious misquotations in Barr's now-laughable "summary" of the report.
Show Notes & Links
1. You can click here to read the full Mueller report, and here for the searchable PDF.
2. We first covered Barr's summary in Episode 264, and you can read his laughably dishonest letter again right here. Oh, and we followed up with Prof. Randall Eliason in Episode 265.
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: https://www.facebook.com/openargs/
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
And email us at openarguments@gmail.com
Dahlia Lithwick is joined by former department of Justice spokesperson Matt Miller and Fordham Law Professor Jed Shugerman for a read of the (redacted) Mueller report.
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Today's episode brings you a trio of timely stories that all revolve around taxes: the Michael Avenatti indictment (for 29 courts of tax fraud), proposed legislation that some are arguing hamstrings the IRS, and (of course) the status of Congress's efforts to get Trump's tax returns. We also learned about very cool free online tax filing (Free File)... albeit too late to help most of you. Sorry about that.
We begin with the lawyer who will never come on our show -- Michael Avenatti, who rose to fame on the back of the genius of Stormy Daniels, and whom we first debunked as a grifter just a few months later (way back in Episode 181!) Turns out he's been arrested for tax fraud. Who could have seen that coming? (Oh yeah, everyone.)
After that, it's time for a deep dive into HR 1957, the Taxpayer First Act of 2019. Is it really a Democratic-sponsored sellout to Turbotax, as some folks are saying? Listen and find out!
Then, it's time to revisit the question of Trump's taxes. Can Trump really stonewall indefinitely on his taxes? (No.) Does the law pave the way for Democrats to get his tax returns? (Yes.)
After all that, it's time for the answer to TTTBE #122 regarding the nonexistence of official documents. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
AppearancesNone! Andrew will be at the American Atheist convention in Cincinnati, Ohio this weekend, April 19-21. And if you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.
Show Notes & Links
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: https://www.facebook.com/openargs/
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
And email us at openarguments@gmail.com
Dahlia Lithwick is joined by Harvard Law School Professor Carol Steiker, co-author of Courting Death: The Supreme Court and Capital Punishment to explore recent death penalty cases before the Supreme Court and why the 8th amendment has raised tensions among the justices.
This episode is brought to you by The Great Courses Plus. Get your free trial, plus 50% off your monthly plan at TheGreatCoursesPlus.com/Amicus.
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Today's episode breaks down the recent arrest of Julian Assange in England and what it means for Chelsea Manning (and Donald Trump!)
We begin, however, with two separate sports-related stories: the improbable success of Marcus Rademacher in the Opening Arguments March Madness pool, and the (far sadder) saga of the Trump Administration's indefensible decision to overrule the MLB's deal with Cuba that would have brought an end to the dangerous human trafficking of ballplayers.
After that, it's time for our deep dive into the sealed Julian Assange indictment and his arrest in England. We also discuss at great length exactly why Chelsea Manning is apparently being held in solitary confinement in prison -- even though her crime was commuted by President Obama -- and whether this indictment is relevant to the Mueller investigation. Oh, and Thomas gives you something to look out for!
And if all that isn't enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #122 involving hearsay and a search for public records. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
Appearances
None! If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.
Show Notes & Links
1. Marcus Rademacher’s winning entry is linked here. 2. If you want football-themed Opening Arguments, check out Episode 57 and Episode 58, which tell the tale of Donald Trump singlehandedly destroyed the USFL. 3. Trump reportedly wanted to buy the Cubs in 2006. 4. We covered the MLB-Cuba deal in OA 237. 5. The Assange Indictment. 6. 18 U.S.C. § 1030 (computer fraud) 7. Chelsea Manning’s 4th Circuit brief can be found here. 8. And the Government’s response written by G. Zachary Terwilliger, who we covered in OA 212.
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: https://www.facebook.com/openargs/
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
And email us at openarguments@gmail.com
Today's episode revisits the topic Andrew discussed briefly in Episode 252: Article V conventions convened for the purpose of proposing amendments to the Constitution. Joining Andrew is Prof. Lawrence Lessig, perhaps the most vocal liberal proponent of such conventions. Andrew, you may recall, was skeptical and concerned about the risks that such conventions could pose.
Join Thomas, Andrew, and Prof. Lessig for a special 70-minute very deep dive and see if either one changes their minds!
After that, it's time for TTTBE #121 regarding executive orders. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
AppearancesAndrew was just a guest on Episode 464 of the Cognitive Dissonance podcast as their legal expert. If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.
Show Notes & Links
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: https://www.facebook.com/openargs/
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
And email us at openarguments@gmail.com
Today's breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the "originalist" view of the Eighth Amendment. Is it as bad as you think it is? (Yes.)
We begin, however, with a look at Texas v. U.S. and the recent news that the Trump administration "changed its mind" and "will no longer defend" the Affordable Care Act. What does that mean? Listen and find out!
Then, it's time for our deep dive into Bucklew v. Precythe, the Supreme Court's analysis of how the 8th Amendment applies in capital punishment cases.
After that, we go back to Yodel Mountain for some updates on the congressional investigations, including the Congressional request for Trump's tax returns and an EPIC FOIA request.
And if all that isn't enough for you, well, we end, as always, with a brand new Thomas Takes the Bar Exam Question #121 involving the constitutionality of Presidential executive orders. As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!
Appearances
Thomas was just a guest on the Cognitive Dissonance podcast; go check it out! If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.
Show Notes & Links
1. Wikipedia entry on sodium thiopental can be found here. 2. Glossip v. Gross (2015) 3. Supreme Court’s opinion in Bucklew v. Precythe (Apr. 1, 2019) 4. 8th Circuit’s opinion below in Bucklew 5. Congressional letter requesting Trump’s taxes 6. Bonus! Zuckerman amicus brief in the ACA litigation.
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: https://www.facebook.com/openargs/
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
And email us at openarguments@gmail.com