In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental Response, Compensation, and Liability Act preempts state common law claims for restoration damages for pollution also addressed by an EPA-directed cleanup plan. In this case, a Montana copper smelter polluted its neighbors’ properties for decades but has also spent $450 million to remediate this pollution under a plan negotiated with EPA. Believing Montana state law entitles them to more extensive restoration than the EPA plan provides, neighboring property owners sued Atlantic Richfield for trespass and nuisance, seeking restoration damages and other relief. Jonathan Wood and Corbin Barthold join us to discuss the oral argument in this case and its implications for CERCLA and property rights.
In this special, extended analysis episode, we have two guests. The first voice you will hear is Corbin Barthold, Senior Litigation Counsel at Washington Legal Foundation followed by Jonathan Wood, Senior Attorney at the Pacific Legal Foundation.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Strict Scrutiny - Criminally Petty
Kate and Melissa preview the January sitting, including Bridge-gate, some fashion-y trademark cases, and whether they count as “older workers” for purposes of the ADEA. Plus, RBG and Sotomayor sightings in the wild.
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 - Bonus Episode on Iran!
Here's the extra bonus we promised you! As always, Andrew is terrible at lightning rounds so we might not have gotten to the quantity of questions that we'd hoped, but the quality is fantastic and as always, you'll learn a ton!
Opening Arguments - OA349: Bolton Will Testify; Iran, Soleimani & So Much More
Today's episode takes on (some of) the two biggest pending news stories right now: (1) the U.S. assassination of Iranian Gen. Soleimani, and (2) the pending impeachment of President Trump. Oh, and we also cover a bunch of other things along the way, including the latest CNN settlement regarding the kid from Covington Catholic, and, well, you'll just have to listen to find out everything!
We begin with a pre-show grab bag of mini-stories, including the "drain the swamp" news that outgoing Energy Secretary Rick Perry has joined the board of a holding company that owns a pipeline company. Is this 100% the same scandal as Burisma hiring Hunter Biden? (Hint: yes.)
Then, we delve into some disturbing background information on the Solemani strike and answer the first of many listener questions about it: was the strike arguably justified by the 2001 Authorization for the Use of Military Force (AUMF) against the 9/11 hijackers?
After that, it's time for some Yodeling! We look at the current state of the House/Senate standoff on articles of impeachment and what the likely way forward will be. You'll learn that former NSA Director John Bolton is willing to testify; the question is whether two more Republicans care about that at all.
Finally, we cover the latest news that CNN settled the defamation lawsuit brought by Nick Sandmann of Covington Catholic relating to the video shared by CNN nearly a year ago.
After all that, it's time for a brand-new #T3BE 161 -- this one is a constitutional law question regarding anti-discrimination laws. Can Thomas 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
- Pre-show links: (a) Rick Perry rejoins the board of a pipeline company; (b) the Hofeller Files; and (c) the 5th Circuit's decision on Trump's stupid wall, which we last covered in Episodes 243 and 255.
- Iranian strike links: (a) Washington Post story on Pompeo masterminding the strike; (b) the Heather Timmons piece in Quartz warning us that Trump was listening to Rapture loons like Pence and Pompeo 18 months ago; and (c) Mary Lee Bigham-Bartling's 2018 doctoral dissertation on Rapture theology.
- This is the 2001 AUMF, and you can also verify that Solemani is named in neither the 9/11 Commission Report nor the 2019 State Department Fact Sheet. We also quoted from a VOA News report on Sunnis "celebrating" the death of Solemani.
- On impeachment: the important thing is to click here to read John Bolton's public decision to comply with a Senate subpoena.
- Finally, although you can't read the CNN/Covington Catholic settlement, you can still watch both the original Sandmann video, and the updated video released a few days later.
-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
-And finally, remember that you can email us at openarguments@gmail.com!
SCOTUScast - Kansas v. Garcia – Post-Argument SCOTUScast
On Oct. 16, 2019, the U.S. Supreme Court heard argument in Kansas v. Garcia, a case involving a dispute over whether the federal Immigration Reform and Control Act (IRCA) precludes states from using any information contained in a federal Form I-9, (which includes common information such as name, date of birth, and social security number) to prosecute the person with a state crime.
Respondents Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara were convicted of identity theft (and/or making a false information) by the state of Kansas, for using social security numbers that were not theirs on federally required employment or housing-related paperwork. Respondents argued that their convictions were invalid on the grounds that IRCA preempts the use of such information in a state prosecution. The Kansas Supreme Court agreed and reversed the convictions, holding that IRCA expressly preempted state prosecutions that use information contained in a federal I-9 form. That decision conflicted with those of various other state supreme courts and federal circuit courts of appeals, however, and the U.S. Supreme Court subsequently granted Kansas’s certiorari petition to address whether IRCA impliedly preempts Kansas’ prosecution of respondents.
To discuss the cases, we have Jonathan Urick senior counsel for litigation at the U.S. Chamber Litigation Center.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Respondents Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara were convicted of identity theft (and/or making a false information) by the state of Kansas, for using social security numbers that were not theirs on federally required employment or housing-related paperwork. Respondents argued that their convictions were invalid on the grounds that IRCA preempts the use of such information in a state prosecution. The Kansas Supreme Court agreed and reversed the convictions, holding that IRCA expressly preempted state prosecutions that use information contained in a federal I-9 form. That decision conflicted with those of various other state supreme courts and federal circuit courts of appeals, however, and the U.S. Supreme Court subsequently granted Kansas’s certiorari petition to address whether IRCA impliedly preempts Kansas’ prosecution of respondents.
To discuss the cases, we have Jonathan Urick senior counsel for litigation at the U.S. Chamber Litigation Center.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Amicus With Dahlia Lithwick | Law, justice, and the courts - What Is Impeachment For?
In a conversation taped live at the Aspen Institute, Dahlia Lithwick speaks to former acting solicitor general of the United States Neal Katyal about impeachment, and how he approaches is it as an “extremist centrist.”
Katyal’s book, co-written with Sam Koppelman, Impeach: The Case Against Donald Trump, is out now.
This is a preview of a Slate Plus episode. To hear the episode in full, sign up for Slate Plus.
Come see Dahlia Lithwick chatting with Andrew Gillum, Rick Hasen, and other guests live at the Hamilton in Washington, D.C., on Feb. 19.
Podcast produced by Sara Burningham.
Stay in touch: amicus@slate.com,
or find us on Facebook https://www.facebook.com/amicuspodcast/
Learn more about your ad choices. Visit megaphone.fm/adchoices
Amicus With Dahlia Lithwick | Law, justice, and the courts - What Is Impeachment For?
In a conversation taped live at the Aspen Institute, Dahlia Lithwick speaks to former acting solicitor general of the United States Neal Katyal about impeachment, and how he approaches is it as an “extremist centrist.”
Katyal’s book, co-written with Sam Koppelman, Impeach: The Case Against Donald Trump, is out now.
This is a preview of a Slate Plus episode. To hear the episode in full, sign up for Slate Plus.
Come see Dahlia Lithwick chatting with Andrew Gillum, Rick Hasen, and other guests live at the Hamilton in Washington, D.C., on Feb. 19.
Podcast produced by Sara Burningham.
Stay in touch: amicus@slate.com,
or find us on Facebook https://www.facebook.com/amicuspodcast/
Hosted on Acast. See acast.com/privacy for more information.
Opening Arguments - OA348: The State of the Secular States, with Alison Gill
Today's show features an interview with American Atheists’ National Legal and Policy Director Alison Gill! American Atheists has just released their 2019 State of the Secular States Report, which you can find here. With how much the Trump Administration and the Christian Right have tried to enshrine conservative Christianity into our nation's laws, American Atheists has worked hard to bring us this comprehensive report detailing which states have good laws in place to protect the separation of Church and State. Some states are doing better than others, and some states might surprise you! The report provides a great blueprint of action for how we can work to fight the theocrats on a state by state basis.
Amicus With Dahlia Lithwick | Law, justice, and the courts - Buckle Up, John Roberts
Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to discuss Chief Justice John Roberts’ New Year’s resolutions on the judiciary, impeachment, and this Supreme Court term. Stern’s book American Justice 2019: The Roberts Court Arrives is out now.
Podcast produced by Sara Burningham.
Stay in touch: amicus@slate.com
Find us on Facebook https://www.facebook.com/amicuspodcast/
Learn more about your ad choices. Visit megaphone.fm/adchoices
Amicus With Dahlia Lithwick | Law, justice, and the courts - Buckle Up, John Roberts
Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to discuss Chief Justice John Roberts’ New Year’s resolutions on the judiciary, impeachment, and this Supreme Court term. Stern’s book American Justice 2019: The Roberts Court Arrives is out now.
Podcast produced by Sara Burningham.
Stay in touch: amicus@slate.com
Find us on Facebook https://www.facebook.com/amicuspodcast/
Hosted on Acast. See acast.com/privacy for more information.