Category: 3-LawSometimeCommentary

Today's Kavanaugh-free episode is a classic, three-story, Deep Dive Tuesday into (1) a recent free speech case involving protesters at a Trump rally; (2) the status of Trump's efforts to ban trans service personnel from the military; and (3) whether Trump can unilaterally abrogate NAFTA.  Strap in -- it's going to be a long ride!

We begin with an examination of Nwanguma v. Trump at both the district court level and the recent decision from the 6th Circuit.  Should protesters be allowed to sue Trump and his campaign staff for incitement to riot?  Listen and find out!

After that, we examine the status of Trump's latest (Mar. 23, 2018) order on trans personnel in the military.  Is there... good news out of the Ninth Circuit??!?

Then, we check out the history of presidential withdrawals from treaty obligations, a case involving a former Presidential candidate (Barry Goldwater) versus a sitting President (Jimmy Carter), and Donald Trump's constant claims that he can abrogate the North American Free Trade Agreement.  Is any of this true?  The answer almost certainly will surprise you!

Finally, we end with Thomas Takes the Bar Exam Question #95 regarding the Congressional delegation of rule-making authority to the Forest Service.   Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links

1. If you want to check out our Kavanaugh patron-only special, sign up here and then click here for the bonus download!
2. You can read the Nwanguma v Trump district court decision as well as the decision by the 6th Circuit.
3. Click here to read Trump's latest (Mar. 23, 2018) order on trans personnel in the military, and here is you want to check out the Ninth Circuit's stay order.
4. On NAFTA:  you can read the NAFTA treaty itself (including Art. 2205), the NAFTA Implementation Act, and you'll definitely enjoy perusing Goldwater v. Carter, 444 U.S. 996 (1979).

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In a special episode recorded live at Slate Day during Tribfest in Austin,  Dahlia Lithwick is joined by Angela Onwuachi-Willig, Dean of Boston University Law School, Cristina Rodriguez, Leighton Homer Surbeck professor of law at Yale Law School, Stephen Vladeck, A. Dalton Cross professor of law at the University of Texas Law School and Adam White, director of the Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School for a deep dive on the fallout from the Kavanaugh hearings and the future of the Supreme Court absent a swing justice. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.

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In a special episode recorded live at Slate Day during Tribfest in Austin,  Dahlia Lithwick is joined by Angela Onwuachi-Willig, Dean of Boston University Law School, Cristina Rodriguez, Leighton Homer Surbeck professor of law at Yale Law School, Stephen Vladeck, A. Dalton Cross professor of law at the University of Texas Law School and Adam White, director of the Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School for a deep dive on the fallout from the Kavanaugh hearings and the future of the Supreme Court absent a swing justice. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.

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This week Dahlia Lithwick looks at freedom of the press through the lens of legal scholarship. Lithwick is joined by Professor Lisa Sun of Brigham Young University’s J. Reuben Clark Law School and RonNell Andersen Jones, the Lee E. Teitelbaum Chair & Professor of Law, S.J. Quinney College of Law, University of Utah Law School. Their article “Enemy Construction and the Press” was published in the Arizona State Law Journal last year.

Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.

Podcast production by Sara Burningham.

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

This week Dahlia Lithwick looks at freedom of the press through the lens of legal scholarship. Lithwick is joined by Professor Lisa Sun of Brigham Young University’s J. Reuben Clark Law School and RonNell Andersen Jones, the Lee E. Teitelbaum Chair & Professor of Law, S.J. Quinney College of Law, University of Utah Law School. Their article “Enemy Construction and the Press” was published in the Arizona State Law Journal last year.

Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.

Podcast production by Sara Burningham.

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Hosted on Acast. See acast.com/privacy for more information.

Today's Rapid Response Friday tackles (ugh) the ongoing Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, before segueing into an interesting question from super-listener Teresa Gomez.  If you want to know everything about Rachel Mitchell (and so much more!) -- well, you've come to the right place! We begin with some good news about QED in Manchester, UK and your ability to hang out with Thomas! After that, it's time to figure out what's going on with Kavanaugh.  We examine (1) the political landscape; (2) the status of Blumenthal v. Nat'l Archives, Case No. 18-02143-RDM seeking FOIA information from the National Archives and the CIA; (3) the unprecedented appointment of career sex crimes prosecutor Rachel Mitchell to handle the questioning of Dr. Ford and Kavanaugh; (4) the strange circumstances surrounding Michael Avenatti's claim to represent additional women allegedly harrassed by Kavanaugh; and (5) what Dianne Feinstein wants.  Phew! After that, we somehow have time to answer a fascinating question about pro se litigants giving testimony in court! Finally, we end with an all new Thomas Takes The Bar Exam #95 regarding Congressional delegation of rule-making authority.  Will Thomas get back on track with just one extra wrong answer to give in the next six questions?  Yu'll have to listen and find out!  And, of course, if you'd like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We'll release the answer on next Tuesday's episode along with our favorite entry! Appearances Thomas will be at QED in Manchester, UK on Oct. 13 and 14. Show Notes & Links

1. For an in-depth analysis of Dr. Ford's allegations against Kavanaugh, listen to Episode 158 of Serious Inquiries Only.
2. On politics:  here's the 538 polling data that Kavanaugh becgan historically unpopular and is getting worse.  And this is the (overblown) HuffPo story on the Judicial Crisis Network.
3. Check out the docket entries in the Blumenthal case! 
4. Rachel Mitchell has no Wikipedia entry (yet!), but was profiled in the National Law Journal and gave this interview to the "Foundations Baptist Fellowship International."  Bill Montgomery's endorsement was reported in this Arizona Central story.
5. Avenatti's client, Julie Swetnick, signed an affidavit under penalties of perjury that you can read here.  We detailed Avenatti's ethical lapses on Episode 181.
6. Check out Sen. Feinstein's letter on the Kavanaugh hearings.
7. Finally, in answering Teresa's question, we relied on U.S. v. Nivica, 887 F.2d 1110 (1st Cir. 1989)... scroll down to part C!

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 And email us at openarguments@gmail.com  

Today's episode is that rare Rapid Response Tuesday, necessitated by the persistent rumors that Donald Trump is about to fire Deputy Attorney General Rod Rosenstein.  Is it true?  How bad are things if it is?  And who is this mysterious G. Zachary Terwilliger?  You'll have to listen to know for sure! We begin by examining the New York Times reporting that predicated the efforts to force out Rosenstein.  Listen and you'll learn why is Andrew confident that these reports are false -- and get a rare "Randall Was Right" segment to boot! After that, we look to the statutory line of succession if Rosenstein is indeed fired, and we wind up at Noel Francisco and... Sideshow Zach?  How did THAT happen?  Bonus:  Is Francisco a Trump hack?  All signs point to... Then, we look to the statutory protections for Mueller even if Rosenstein is fired.  Will the entire Russia investigation be fed into a Fargo/Deadpool 2-style woodchipper? And, if all that wasn't enough, we also have a mini-deep dive into the Federal Vacancies Reform Act, 5 U.S.C. § 3345 et seq.  Does it matter if Rosenstein was fired or if he resigned? Finally, we end -- at long last! -- with Thomas Takes the Bar Exam Question #94 regarding the Forest Service's new rules.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE! Recent Appearances Lots!  Thomas will be at QED in Manchester, UK on Oct. 13 and 14. Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27 at Impellizzeri's Pizza; to attend, just RSVP on this Facebook link. Show Notes & Links

1. This is the first New York Times hit piece on Rosenstein from Friday, 9/21, and this is the follow-up suggesting he would "resign."
2. You can, of course, read the 25th Amendment's Section 4 for yourself; you'll quickly ascertain that it is, in fact, a 'clown horn' argument.
3. The 28 U.S.C. § 508 sets forth the statutory line of succession for the DOJ.
4. Here's the initial Senate confirmation vote on Francisco.  You can also read his "oopsie" letter to the Supreme Court below:
5. This is the Federal Vacancies Reform Act, 5 U.S.C. § 3345 et seq.  We first discussed it back in Episode 126.
6. Finally, click here to read all about G. Zachary Terwilliger!

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 And email us at openarguments@gmail.com  

Join Dahlia Lithwick for a conversation on the Supreme Court with Angela Onwuachi-Willig, dean and professor of law at Boston University; Cristina Rodríguez, a professor of law at Yale University; Stephen Vladeck, professor of law at the University of Texas, and Adam White, director of the Center for the Study of Administration at George Mason University. Get your tickets here. 

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Join Dahlia Lithwick for a conversation on the Supreme Court with Angela Onwuachi-Willig, dean and professor of law at Boston University; Cristina Rodríguez, a professor of law at Yale University; Stephen Vladeck, professor of law at the University of Texas, and Adam White, director of the Center for the Study of Administration at George Mason University. Get your tickets here. 

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Today's Rapid Response Friday tackles (1) Paul Manafort's plea deal and (2) the surprise resumption of the Senate Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, which are discussed in depth on Episode 158 of Serious Inquiries Only.  What should you look for during Monday's hearings?  Listen and find out! We begin with an acknowledgment of the story sent to us by several hundred thousand listeners regarding crazy person Cody Wilson. After that, it's time for an important Andrew Was Wrong:  Paul Manafort did not plea over the weekend; he pled guilty pretty much the second we stopped recording!  We break down everything there is to know about his deal, including the strong incentives Manafort has not only to cooperate but to roll over and expose his belly to Mueller's team in hopes of being thrown a bone or two.  Oh, and we time-travel back to the 19th century to answer a super-interesting listener question on asset forfeiture! Then, it's time to discuss Kavanaugh again, in light of the troubling accusations made by Dr. Ford and other issues, including the Democratic Senators's FOIA lawsuit compelling the production of Kavanaugh's documents that are being withheld while the Republicans try and cram through his nomination.  It's not a pretty segment, but we think you'll walk away equipped to understand Monday's hearings. After all that, we end with an all new Thomas Takes The Bar Exam #94 regarding Congressional delegation of rule-making authority.  Will Thomas get back on track with just one extra wrong answer to give in the next six questions?  Yu'll have to listen and find out!  And, of course, if you'd like to play along with us, just retweet our episode on Twitter or share it on Facebook along with your guess and the #TTTBE hashtag.  We'll release the answer on next Tuesday's episode along with our favorite entry! Appearances Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27; click here for the Facebook RSVP link if you'd like to attend! Show Notes & Links

1. For an in-depth analysis of Dr. Ford's allegations against Kavanaugh, listen to Episode 158 of Serious Inquiries Only.
2. You should really read through Mr. Ostrich-Jacket's plea deal for yourself.  (And yes, that's the show graphic.)  This is the TPM article Andrew criticizes; as you'll see from the Sentencing Table, Manafort faces 210-262 (or more) months in prison.
3. Here's the polling aggregator from our friends at 538.; as of today, Democrats have a 1-in-3 chance of retaking the Senate.
4. Click here to read Blumenthal v. US Nat'l Archives, the FOIA complaint filed by the Senate Judiciary Democrats, and here to read the Motion for TRO (which does not yet have an accompanying Memorandum).  FOIA is 5 U.S.C. § 552.
5. Finally, this is the text of the Sanai letter describing Alex Kozinski and seeking an investigation into Kavanaugh's knowledge and testimony.

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 And email us at openarguments@gmail.com