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Can you believe it, it's T3BE8! You know the drill, we answer last week's questions, honor two winners, and then ask two more questions!
But Matt has a new bar exam book, and it's going to be quite fun, if these questions are any indicator. Deviously hard, needlessly complex, extremely silly... it has it all!
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The Supreme Court heard the case on the legality of FDA regulation of Mifepristone. Issues of standing seemed to dominate, so Professor Amar treats us to a master class on standing - in this case, and its recent evolution. He also suggests that at least one Justice might benefit by attending. In a wide-ranging episode, we also share excitement and some new scholarly insights that emerged from the recent EverScholar program led by Akhil and others; and the Trump gag order gives rise to some musings as well. There’s a lot for everyone in this episode, including CLE available from podcast.njsba.com.
Most criminal defendants can't kill 346 people and expect to get off with a light fine and three years of probation, but most criminal defendants are not The Boeing Company. In today's show, we examine the differences between different kinds of pretrial diversion agreements and why the best ones are reserved for ultra-wealthy defendants like Boeing and Jeffrey Epstein.
We then take a closer look at the DOJ's routine use of deferred prosecution agreements to help our nation's most valued citizens (corporations) avoid the unpleasant inconvenience of facing actual consequences of their actions (killing people), with a special focus on the NPA which recently resolved Boeing's recent deadly fraud involving its 737 MAX.
1. Boeing Deferred Prosecution Agreement (1/7/2021) 2. "Nosedive: Boeing and the Corruption of the Deferred Prosecution Agreement," Prof. John C. Coffee (6/6/2022) 3. "Why Boeing pilot Forkner was acquitted in the 737 MAX prosecution,"| The Seattle Times (3/25/22) 4. "Blowing the Door Off Boeing’s ‘Epstein Deal’" - The American Prospect (2/9/24) 5. Fifth Circuit order dated 12/15/23 from In re Ryan et al confirming that courts have no authority to review a DPA and that families will have to wait to oppose any future motion to dismiss
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Melissa, Kate, and Leah recap the oral arguments in the case challenging the FDA's approval of mifepristone, one of the drugs used in medication abortion. They also recap arguments in cases about the Armed Career Criminal Act and Indian Health Services, and give some updates on cases they're watching in the lower courts, ranging from immigration, to guns, to Title IX.
Get your tickets to Strict Scrutiny Live HERE, or head to crooked.com/events for more info.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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
It’s not quite red-yarn-on-a-corkboard, but given how often we’ve been thinking about the Republican Attorneys General Association (RAGA) over the years, it may as well be. The group has become a vital component of the conservative legal movement, with pay-to-play access afforded to corporate donors to boot. Despite all the money changing hands and obvious conflicts of interest, few have heard of them - and that’s very intentional.
This week we’re joined by Lisa Graves of True North Research to talk about how an organization representing the chief legal officers in half the states in the union has become a national policy juggernaut, pushing legislation and litigation to assist polluters, harm women and LGBTQ families, torment immigrants and even steal elections, all absent any significant oversight or consequences.
In this week’s bonus plus segment, Slate’s very own Mark Joseph Stern joins to discuss coverage of the oral arguments in the mifepristone case (including the hugely significant takeaway most of the analysis missed), and the reasons Neil Gorsuch hates nationwide injunctions.
And finally, following on from last week, thinking about the language we use to describe first trimester abortions.
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Episode 1018 - GOOD NEWS EPISODE!
It's positive vibes only as we celebrate the impending disbarment of MAGA law toadies John Eastman and Jeffrey Clark, the first but-actually-for-real-this-time Trump trial date, and some extremely real threats to your favorite President's sacred First Amendment rights to lie to the public and terrorize the families of court personnel.
In more good news, the Supreme Court couldn't seem to find an actual excuse to ban medical abortions this week--or even find anyone who could even claim to have been in the same ZIP code as someone harmed by mifepristone--so we take a good look for ourselves and don't find too much to worry about.
One more bit of good news: Matt wants to give you a job! (Inquire within.)
1. John Eastman's two-page proposal to overturn the results of the 2020 Presidential election
2. Judge Yvette Roland's full 126-page decision to the CA Supreme Court recommending John Eastman's disbarment (March 27, 2024)
3. Judge Merchan's gag order (3/26/24)
4. Trump's motion to dismiss GA charges on 1st Amendment grounds (12/23/2024)
5. Transcript of oral arguments in FDA v. Alliance for Hippocratic Medicine (March 26, 2024)
6. Federal judge Matthew Kacsmaryk's mifepristone ruling (April 7, 2023)
8) 18 U.S. Code § 1461 - Mailing obscene or crime-inciting matter (Comstock Act)
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We round up our analysis of the opinion in Trump v. Anderson with Justice Barrett’s concurrence. All of this has raised many questions, particularly in light of the Court’s errant reasoning and other shenanigans. And it turns out that many of the best questions come from you, our audience! So we turn to those as well, both about Section 3, and other matters as well. We also look at the news media’s latest interesting directions, including takes on Justice Breyer’s new book and seeds planted by Professor Amar bearing fruit. CLE credit is available from podcast.njsba.com
It's week 7, and it's a Next Generation of test. Make it so! Oh also, we're still dogged by controversy, #T3BEgate2.5 but we've got a fall guy and it's Matt. Question 12 was a repeat and Matt is to blame and accepts the inevitable public shaming. But 13 was new! And, now we've got an entirely new kind of test!
If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law!
Leah, Melissa, and Kate give a quick take on the bottom line from the oral arguments in the medication abortion case that is currently unraveling in the Supreme Court.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
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