Category: 3-LawSometimeCommentary

OA1054

As the Democratic Party comes together around presumptive nominee Kamala Harris after Joe Biden's surprise exit, we take another look at the Vice President”s career and political record. Is she any more of a “cop” than any other career prosecutor? How will history remember this VP? What might we expect from a President Harris that we wouldn't from a second Biden term? And why did Matt just get kicked out of a library in Rhode Island? We take on all of these questions and many more in this rapid response episode, with much more to come as this unprecedented race continues to develop.

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As the dust settles on the end of the term, we look back to examine two of the Court's criminal procedure cases: Smith v. Arizona (applying the Confrontation Clause to expert testimony) and Diaz v. United States (interpreting Federal Rule of Evidence 704(b)) after a brief discussion of AI, political developments, and judicial robes.

The answer for T3BE32 is coming your way, and we launch our next Bar Prep question with Heather! 

Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs!

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Resignations are in the air, and our discussion - recorded before President Biden’s actions - offers surprising resonances in its wake.  Meanwhile, our guest, Professor Vik Amar, provides not just a condemnation of Judge Cannon’s recent dismissal of the Trump documents case, but a refutation of the arguments she made, and a recitation of those crucial points, cases, and reasonings which she ignored.  Plus we finally have the details on the EverScholar announcements we have been teasing; 18 year terms are back in the news; and more.  We will be back, possibly early this week depending on developments, with a special episode on President Biden’s withdrawal from the presidential race. CLE credit is available from podcast.njsba.com.

Kate and Leah attempt to wrap their heads around Aileen Cannon’s bonkers decision on the Trump classified documents case. Then, Leah talks with Josie Duffy Rice, Kathrina Szymborski Wolfkot, and Kyle Barry about the promises and challenges of relying on state courts and state constitutional law to address the criminal legal system. Check out Kyle’s piece on the subject here.

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OA1053

We had a different episode ready, but this development warranted an emergency episode. Matt answers many of the most pressing questions about what happens next. Can Harris get on the ballot? Does she get access to the funds Biden had? What happens with Biden's delegates? And is it illegal to drop out of a presidential race... for some reason... as many Republicans are saying?

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So President Biden finally signaled an openness to maybe possibly thinking about Supreme Court reform. Too little, too late, perhaps - but also, desperately needed, certainly. The US Supreme Court views itself as separate and apart from all other courts - including international counterparts. What could Americans learn from other courts? One of the world’s most respected jurists, retired Canadian Supreme Court Justice Rosalie Silberman Abella, joins Dahlia Lithwick on this week’s Amicus for a very special conversation about the role of constitutional courts in democracy, and where SCOTUS may be veering off track. 

Without Precedent: The Supreme Life of Rosie Abella

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After a vacation-related hiatus, we're back to discuss Loper Bright Enterprises v. Raimondo (overruling Chevron) and Corner Post v. Board of Governors (time limits for challenges to regulations). We try to figure out just how disruptive these decisions will be for the administrative state and somehow manage not to waste half the episode debating Supreme Court ethics.

OA1052

CAAAANNNONNNNNBALLLLLL! Judge Aileen Cannon has just made a major splash in the Trump trials by dismissing the entire federal classified documents case based on her findings that special prosecutor Jack Smith was unlawfully appointed.  We try our best to pretend that this 93-page decision is a regular order released by a normal judge, at least for a few minutes, before moving on to ask: Should we have seen this coming? Does this explain Clarence Thomas’s weirdly unprompted thoughts on the same subject in the Trump immunity case earlier this month? What happens next, and is there any chance it could happen without Fort Pierce, Florida’s best, worst, and only federal judge? 

BONUS PATRON CONTENT: Patrons will also hear us listen to the New York Times rub its collective chin as its The Daily podcast considers Aileen Cannon’s mysterious ways and unknowable motives.

•  Aileen Cannon's 93-page order granting Trump ‘s motion to dismiss 

• 28 U.S. Code § 533  (Investigative and other officials; appointment)

• United States v. Nixon :: 418 U.S. 683 (1974)

•  What We Can Learn from American History's First Special Prosecutor, TIME (1/5/19)

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The answer for T3BE31 is coming your way, and we launch our next Bar Prep question with Heather! 

Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs!

If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!