SCOTUScast - Macquarie Infrastructure Corp. v. Moab Partners, L.P. – Post-Argument SCOTUScast

On January 16, 2024, the Supreme Court heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, L.P. The Court considered whether U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement.

Featuring:
Professor Adam Pritchard, Frances and George Skestos Professor of Law, University of Michigan Law School

Opening Arguments - OA857: Can Elon Musk Blow Up Your Right To Join A Union?

After a roundup including the first day of the E. Jean Carroll trial, Liz and Andrew break down the latest SpaceX lawsuit and discuss what it might mean for the future of collective bargaining.

Notes Nathan J. Robinson, researcher, Current Affairs, “Surely We Can Do Better Than Elon Musk,” April 7, 2021 https://www.currentaffairs.org/2021/04/surely-we-can-do-better-than-elon-musk

S. Derek Turner, “Broadband Boondoggle: Ajit Pai's $886M Gift to Elon Musk,” Free Press, December 14, 2020 https://www.freepress.net/our-response/expert-analysis/insights-opinions/broadband-boondoggle-ajit-pais-886m-gift-elon-musk

NLRB proceedings against SpaceX https://www.nlrb.gov/case/31-CA-307446

NLRA, 29 U.S.C. § 151 et seq.https://www.law.cornell.edu/uscode/text/29/chapter-7/subchapter-II

NLRB damages chart https://www.nlrb.gov/reports/nlrb-case-activity-reports/unfair-labor-practice-cases/remedies-achieved/monetary-remedies

SpaceX v. NLRB docket https://www.courtlistener.com/docket/68136196/space-exploration-technologies-corp-v-national-labor-relations-board/Paragraph

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Strict Scrutiny - The Legality of Presidents Doing Whatever They Want

Melissa, Kate, and Leah recap oral arguments in cases about the No Fly List, the confrontation clause, and what qualifies as a government taking. They also preview the cases the Supreme Court will hear this week about Chevron, the doctrine that gives federal agencies the authority to interpret statues. Plus, they recap the arguments in the DC Circuit in which Trump argues he's immune from criminal prosecution (and in which his lawyer suggests he could freely use SEAL team 6 to assassinate a political opponent).

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Opening Arguments - OA856: Trump Tries To Delay Carroll Trial (But Not Campaign Rally!) For Funeral

Today, Liz and Andrew document Donald Trump's latest (failed) shenanigans in the E. Jean Carroll defamation trial set to begin in New York on Tuesday. Then, they break down in depth the motion to disappear the Fulton County, GA indictment on the grounds of DA Fani Willis's alleged relationship with special prosecutor Nathan Wade. NotesTrump DC Docket https://www.courtlistener.com/docket/67656595/united-states-v-trump   E. Jean Carroll v. Trump (Carroll I) docket https://www.courtlistener.com/docket/18418220/carroll-v-trump/   Roman Motion to Dismiss GA https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf   Whitworth v. State, 622 S.E.2d 21 (Ga. App. 2005) https://scholar.google.com/scholar_case?case=3050238223814330373   Paragraph

 

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Amicus With Dahlia Lithwick | Law, justice, and the courts - The Supreme Court Gave Itself Huge Extra Powers and It’s Becoming a Big Problem

There’s an ever-growing queue of cases concerning Donald Trump headed for the Supreme Court that threaten to further dent the legitimacy of an institution that has tumbled in the public’s estimation in the last few years. This week’s show examines some of the interlocking issues raising the already sky-high stakes at One, First Street. First, Dahlia Lithwick kicks off the show with an update from Slate’s Law of Trump chief correspondent Jeremy Stahl about arguments in Trump’s immunity appeal at the DC Circuit Court this week. Next, we turn to a conversation with Professor Ben Johnson, an Associate Professor of Law at the University of Florida Levin College of Law. He recently wrote about the very long history of how the Supreme Court granted itself vast power to shape the law and policy by picking and choosing not only which cases it would hear, but also which questions it would answer when it hears those cases. Next week’s arguments in Loper Bright Enterprises v Raimundo are a case in point, and the question of questions also poses a conundrum for a court in a downward legitimacy spiral, as a parade of Trump cases head toward the High Court. 

In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Jeremy Stahl to discuss the bread and circus of closing arguments in the Trump Organization civil fraud trial in New York, and the next phase of litigation involving the former President and E Jean Carroll that gets underway next week. 

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Opening Arguments - OA855: Trump Fraud Trial Ends, Not With A Bang But With a Tantrum

Liz and Andrew describe the truly audacious plan cooked up by Trump and his counsel to disrupt his fraud trial's closing arguments.

Then, the two break down a recent TRO entered prohibiting Ohio's social media ("anti-TikTok") law from going into effect.

Notes Pew Media Poll

https://www.pewresearch.org/short-reads/2023/10/31/81-of-us-adults-versus-46-of-teens-favor-parental-consent-for-minors-to-use-social-media/

NetChoice, LLC  v. Yost, 1/5 Complaint

https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.1.0.pdf

NetChoice, LLC v. Yost, 1/9 Order

https://storage.courtlistener.com/recap/gov.uscourts.ohsd.287455/gov.uscourts.ohsd.287455.27.0_1.pdf

Ohio Rev. Code 1349.09

https://codes.ohio.gov/ohio-revised-code/section-1349.09

OA 767

https://openargs.com/oa767-porn-wont-someone-please-think-of-the-children-feat-ari-cohn/

SCOTUScast - SEC v. Jarkesy – Post-Argument SCOTUScast

On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy. The Court considered three questions – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead of filing a district court action violate the nondelegation doctrine; (3) Whether Congress violated Article II by granting for-cause removal protection to administrative law judges in agencies whose heads enjoy for-cause removal protection.

Join us as we break down and analyze how oral argument went before the Court.

Featuring:
Margaret A. Little, Senior Litigation Counsel, New Civil Liberties Alliance

Amarica's Constitution - Section Three Goes to Washington

The months of discussion of Section Three on Amarica's Constitution now make their way to Washington, as cert has been granted in Trump v. Anderson.  Amicus briefs will pour in - including the brothers Amar's brief.  We present some of the approach the brief will take, and we look at the nine Justices, taking account of their jurisprudential history and styles, and discuss how an intellectually honest brief-writer can make their best arguments even better by considering how their readers will read them, and what might be most useful to provide to those readers.  It's not quite "handicapping" but it is insightful, as all America is wondering if this case might actually result in the removal of Donald Trump from Colorado's primary ballot, and eventually possibly more states' ballots as well.  It has come to this.

Opening Arguments - OA854: Trump Lawyers Discover ONE WEIRD TRICK To Get Away With Murder! (Be President.)

"So, I understand your answer to be that if the President uses Seal Team Six to assassinate his political rival, and he hasn't been impeached and convicted by the Senate, he can't be prosecuted." That really happened. Liz and Andrew break down yesterday's pivotal argument before the Court of Appeals of the DC Circuit as to whether Donald Trump has immunity from prosecution for his efforts to steal the 2020 Election because he was the President. Notes Roman Motion to Dismiss GA https://s3.documentcloud.org/documents/24352568/roman-motion-to-dimiss-010824.pdf Trump brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf DOJ brief https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583920.0_1.pdf American Oversight amicus https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208583989.0_1.pdf 167 Cong. Rec. S607 (daily ed. Feb. 9, 2021) https://www.congress.gov/117/crec/2021/02/09/CREC-2021-02-09.pdf Kel’s CLE class https://dcbar.inreachce.com/Details/Information/9e60ed07-539c-4b48-bc8b-cb75b543d99c

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