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We're only one week into 2024, and there's so much news to catch up on! Melissa, Leah, and Kate discuss ProPublica's reporting about rich guys giving Justice Thomas money when he hinted at retiring because his salary as a justice was too low. Then, they look to the latest in state courts, which are deciding issues such as Donald Trump's presidential eligibility, women's access to emergency abortion care, and fairly drawn electoral maps. After some quick previews of the cases the Supreme Court will hear this week, they welcome special guest Ross Rayburn, Peloton instructor and author of Turning Inward: The Practice of Introversion for a Calm, Joyful, Authentic Life. Ross shares advice for staying sane in this election year, and insights on how listening to Strict Scrutiny is actually a form of meditation.
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In this Trump-free episode, Andrew and Liz break down the civil trial of the National Rifle Association beginning TODAY in New York. No, the NRA isn't going to be dissolved, but yes, they could be hit with a ton of restrictions & some bad actors could be forced to fork over a ton of money, so you'll want to follow this story.
Then, the duo tackle the passage of Steamboat Willie into the public domain. What is the public domain? What does it all mean? Listen and find out!
Notes
DC Circuit livestream Trump Appeal Tuesday Jan 9, 9:30amET https://www.youtube.com/watch?v=PEQ1aToavl8
Babbitt Estate v. US — Docket via Court Listener https://www.courtlistener.com/docket/68139457/estate-of-ashli-babbitt-v-babbitt/
US v. Texas — Docket via Court Listener https://www.courtlistener.com/docket/68134300/united-states-v-texas/
NY Case Search https://iapps.courts.state.ny.us/nyscef/CaseSearch
Appellate Docket No: 2023-06396
Trial Docket No: 451625/2020
US Copyright Office Circular 33 https://www.copyright.gov/circs/circ33.pdf
Klinger v. Conan Doyle Estate (7th Cir. 2014) https://freesherlock.files.wordpress.com/2013/02/klinger-7th-circuit-opinion-c.pdf
Secrecy, Self-Dealing, and Greed at the N.R.A. https://www.newyorker.com/news/news-desk/secrecy-self-dealing-and-greed-at-the-nra
NRA Awarded Contracts to Firms With Ties to Top Officials https://www.wsj.com/articles/nra-awarded-contracts-to-firms-with-ties-to-top-officials-1543590697
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On January 6, 2021, supporters of Donald J Trump stormed the U.S. Capitol building hoping to stop Joe Biden from becoming president. Three years later, a quarter of Americans believe the FBI instigated the events of that day.
This week on Amicus, we’re trying to understand the myth-making that helped foment the riot, and the religious fervor that binds and buoys Trump’s supporters today. Dahlia Lithwick is joined by Jeff Sharlet, author of “The Undertow: Scenes From a Slow Civil War” to explore the stories and symbols that are shaping Trump’s march toward fascism, and to figure out what place the rule of law has in this struggle.
In this week’s Amicus Plus segment, Slate’s dynamic legal duo of Mark Joseph Stern and Jeremy Stahl break down the latest in Trump’s cascading court cases, and the Texas abortion case that’s on a fast track to the Supreme Court.
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Liz and Andrew break down an entirely new argument being advanced by Trump's allies to get him back on the Colorado ballot. Will it work? Listen and find out!
Then, the duo break down the latest barrage of nonsense filings in DC.
Notes
Colorado state court ruling
Colorado Supreme Court ruling https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SA300.pdf
Lawfare Tracker on Trump DQ https://www.lawfaremedia.org/current-projects/the-trump-trials/section-3-litigation-tracker
OA 848 https://openargs.com/oa848-trump-is-off-the-ballot-in-colorado/
Socialist Workers Party of Ill. v. Ogilvie, 357 F. Supp. 109, 113 (N.D. Ill. 1972)
https://scholar.google.com/scholar_case?case=13881601664092355452
Voting and Vice, 2012 Yale Law Review (Re and Re)
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5515&context=ylj
Trump report on stolen election
Trump lawyers’ doozy of a filing on voter fraud - Washington Post
https://www.washingtonpost.com/politics/2024/01/03/trump-lawyers-doozy-filing-voter-fraud/
Rolling Stone on Trump turning trial into a MAGA freak show
Trump motion for order to show cause DC
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.192.0.pdf
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-And finally, remember that you can email us at openarguments@gmail.com
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-And finally, remember that you can email us at openarguments@gmail.com
The nation awaits the Supreme Court’s seemingly inevitable review of the Section Three case from Colorado, and perhaps Maine as well. Media around the world is weighing in with editorials and op-Ed’s; a smorgasbord of legal, political, and predictive arguments from professors, editors, elected officials, and others with their own range of expertise. We continue our attempt to help you make sense of these by choosing pieces that make the range of arguments out there. We do our best to present their argument and respond to it, bringing Professor Amar’s considerable armamentarium to bear for your benefit. And this week, Akhil has at least two - maybe three - major new ideas he brings to the national discussion. They can be found here first. CLE credit is available from podcast.njsba.com.
To start the new year off right, Jonathan Van Ness joins Kate, Leah, and Melissa to suggest some resolutions for the justices of 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
-Support us on Patreon: https://www.patreon.com/law
-Follow us on Twitter: @Openargs
-Facebook: https://www.facebook.com/openargs/
-For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki
-And finally, remember that you can email us at openarguments@gmail.com
From the Chief Justice seeing the funny side of stalking and harassment, to Justice Samuel Alito’s tiny violin, to fighting in the footnotes and a bench dissent snapback, to THAT painting, it’s been quite a year at One, First Street. Dahlia Lithwick and Mark Stern are back with their bottom 10 picks for the Supreme Court’s worst moments of 2023. But don’t despair, there is a glimmer of hope, one part of the SCOTUS beat sucked less this past year… Stay tuned to hear Dahlia and Mark reveal what facet of the Supreme Court multiverse actually improved in 2023.
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