Category: 3-LawSometimeCommentary

Today's (thankfully) Kavanaugh-free episode -- in honor of Thomas's appearance at QED in Manchester -- takes an in-depth look at the Ashers Baking Co. case, as well as developments at the state level to push for Net Neutrality.  Oh, and we revisit OA's favorite legal genius, Stormy Daniels.  Strap in, it's going to be a fun ride!

We begin with a lengthy discussion of the UK Supreme Court's ruling in Ashers Baking Co., which has been called the "Masterpiece Cakeshop of the UK."  Is that accurate?  Listen and find out!

Next, we walk through California's effort to protect Net Neutrality in that state, and the lawsuits filed by parties on all sides.  What's going to happen?  We tell you!

Finally, we take a brief look at Stormy Daniels and update you on the status of her lawsuit in California.

And then, of course, we end with an all new Thomas (and Chad) Take The Bar Exam #97 regarding the tort of negligent misrepresentation.  Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent 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. Click here to read the UK Supreme Court's ruling in Ashers Baking Co.
2. We first discussed the Trump FCC's decision to roll back Net Neutrality in Episode 125.  You can read the 22-state lawsuit challenging that order here.
3. This is California's Bill SB-822, and you can also check out the industry brief filed in the lawsuit challenging it.  Oh, and if you need more Hobbs Act (28 U.S.C. § 2342) in your life, we've got you covered.
4. Finally, click here to check out Trump's motion to dismiss Stormy's lawsuit, and here to read her interview in "The Cut" (??) where she regrets body-shaming Trump.

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

 

Dahlia Lithwick talks with Senator Jeff Merkley of Oregon about the “deep wounds” in the senate following Justice Kavanaugh’s confirmation. And she’s joined by Vox’s Matthew Yglesias who brings his nihilism about the institution of the Supreme Court to the show.

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

Dahlia Lithwick talks with Senator Jeff Merkley of Oregon about the “deep wounds” in the senate following Justice Kavanaugh’s confirmation. And she’s joined by Vox’s Matthew Yglesias who brings his nihilism about the institution of the Supreme Court to the show.

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 follows up on the State of Florida and... sadly... returns one last time to the story of Brett Kavanaugh and the ethics complaints lodged against him and referred to the Tenth Circuit.  Oh, and we give you real stuff you can do to make a positive difference!  You have to listen!

We begin with a follow-up to Tuesday's episode where we break some news regarding the Democratic Party's lawsuit in Florida to extend registration for voting in the 2018 midterms before checking in on the Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.

Then it's time to tackle the ethics complaints filed against Brett Kavanaugh and referred out by Supreme Court Chief Justice John Roberts to the Court of Appeals for the Tenth Circuit.

Finally, we end with an all new Thomas Takes The Bar Exam #97 regarding the tort of negligent misrepresentation.  Thomas needs to go 4-for-4... can he do it?  You'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

This episode is sponsored by Audible!  Go to audible.com/lawpod or text lawpod to 500500 for the 30-day trial and free audiobook!

1. Click here to read the court's denial of the TRO filed by the Democratic Party's in Florida to extend registration for voting in the 2018 midterms.
2. And click here to read the newly-filed Common Cause/League of Women Voters lawsuit we first discussed on Episode 216.
3. We first discussed the Code of Judicial Ethics on Episode 193.
4. This is the Roberts letter referring the Kavanaugh complaints to the Court of Appeals for the Tenth Circuit.
5. Click here to read the Rules of Judicial Conduct and Judicial Disability, with proposed changes.
6. The law we discussed is 28 U.S.C. § 351 et seq.
7. WHAT YOU CAN DO!  Click here to comment on the proposed changes to the Rules of Judicial Conduct and Judicial Disability.
8. And if you want to apply to work for Fix The Court, check out their notice here.

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 (thankfully) Kavanaugh-free episode takes a look at Florida Governor Rick Scott's blatant court packing attempt with the Florida Supreme Court, and the lawsuit filed by Common Cause to try and stop him.  What will happen?  Listen and find out!

First, though, we begin by revisiting our controversial episode (197) on 3-D printed guns by bringing on a real-life expert in 3-D printing to handle some technical questions and understand the arguments and counter-arguments regarding the proliferation of cheap and dangerous handguns.

After that, we delve into Florida Gov. Rick Scott's transparent attempt to game the system to pack the Florida Supreme Court.  What does this mean for "Constitutional Hardball" and the state of the law in Florida?  Listen and find out!

Then, we give you a brief preview of next week's story on California's net neutrality law.

Finally, we end with an all new Thomas (and Chad) Take The Bar Exam #96 regarding the breach of an employment contract.  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. We first discussed 3-D printed guns back in Episode 197.
2. Click here to read the Slate article on Scott's effort to pack the Florida Supreme Court, and you can also read the 2017 lawsuit filed by Common Cause (and others) that was rejected by the Florida Supreme Court.
3. Check out guest Chad Schneider's business, Root3 Labs.

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 Rapid Response Friday tackles the #1 emailed story to us this past week:  is the real story behind the Kavanaugh nomination that the Trump administration needs him on the Supreme Court to rule in Gamble v. U.S. regarding the dual sovereignty doctrine as it applies to double jeopardy?

We begin with a quick note about the New York Times story on Trump's taxes which will be covered on Serious Inquiries Only.

Then it's time to figure out this claim about Gamble v. U.S. that fact-checking website Snopes rated as "true."  Is it, though?  (Hint:  no.)  We'll tell you everything you need to know about the 5th Amendment's double jeopardy clause and what it might mean for anyone Trump pardons once Kavanaugh gets to the Court.

And speaking of which, we segue from that claim to an update on all things Kavanaugh this week, including the Mitchell letter, the FBI investigation, Flake's statements, and even (gasp!) an Andrew Was Wrong.

Finally, we end with an all new Thomas Takes The Bar Exam #96 regarding the breach of an employment contract, with next week's guest Chad Schneider playing along.  Thomas needs to go 5-for-5... can he do it?  You'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. You can read the New York Times story on Trump's taxes, and listen for Thomas's take on Serious Inquiries Only.
2. The leading case on the "dual sovereign" doctrine as applied to the double jeopardy clause is Heath v. Alabama, 474 U.S. 82 (1985).
3. Click here to read the administration's opposition brief in Gamble v. U.S., and here to check out the entire docket.
4. This is the Jed Shugerman article we referenced regarding New York's "dual sovereigns" law.

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

Download Link

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).

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

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.

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

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

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