We discuss the Court's new Code of Conduct, catch up on shadow docket happenings, and debate what historians can teach originalists. We then recap the argument United States v. Rahimi, (the Term's big Second Amendment case). Finally, we stay on brand by circling back to Pulsifer v. United States from the October sitting, where the Justices puzzled over deep questions about statutory interpretation.
Opening Arguments - OA832: The Sam Bankman-Fried Story: Math Whiz Bets He’s Smarter Than Prosecutors, Loses (feat. Mitchell Epner)
Liz and Andrew welcome back Mitchell Epner to explain exactly what happened with the Sam Bankman-Fried trial.
Notes SBF Superseding indictment https://www.justice.gov/media/1311286/dl?inline=
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Amarica's Constitution - Moore on the Brief – Special Guest Vikram David Amar
The Amars’ amicus brief in Moore vs. United States is the talk of the legal ecosphere. Akhil’s co-author, Professor Vik Amar, joins us for analysis of the precedents that followed Hylton - faithful and otherwise. This tour de force of legal analysis is perfectly suited for your CLE credit. We also look at recent comments from the Supreme Court on Moore’s issues, and survey the reactions to the brief’s release. Various arguments that purport to address some of the brief’s claims have emerged: in support, in conflict, and complementary; we analyze and respond to them.
Strict Scrutiny - The Supreme Court’s Second Amendment Mess
Kate, Melissa, and Leah recap the arguments in United States v. Rahimi, the case about the constitutionality of gun regulations, featuring diss tracks by KBJ.
- Listen to "How SCOTUS gutted our gun laws," our episode on the 2022 decision that started this madness
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- 10/4 – Chicago
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Opening Arguments - OA831: Did Judge Aileen Cannon Really Rule Against Trump? (No.)
Liz and Andrew break down a ruling that was surprising to many - Judge Aileen Cannon, FSW, denying Trump's motion to postpone his trial. What does it really mean? Listen and find out! Then, the two break down Trump's litigation strategy (if you can call it that) in the E. Jean Carroll defamation lawsuit. In the Patreon bonus, the two discuss Donald Trump's plan to save America from sliding into authoritarianism! Notes Be sure to sign up for Liz's substack! Marcy Wheeler on Trump production https://www.emptywheel.net/2023/10/29/the-piles-of-chris-kise-bullshit-devlin-barrett-claims-to-believe/
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-And finally, remember that you can email us at openarguments@gmail.com
Amicus With Dahlia Lithwick | Law, justice, and the courts - Dunking On Trump’s Lawyers Might Not Be The Win You Think It Is
If we are to take Donald J. Trump seriously (and at this stage it’s surely a fool’s errand not to), then the rule of law and democracy are on the line if (when) he becomes the Republican nominee for 2024. What role will the former President’s many many legal woes play in the coming months? A clearer picture is emerging after testimony for the prosecution wrapped in the civil fraud trial against Trump and his adult sons in their roles at the helm of the Trump Organization in New York City this past week. That picture is of a political candidate claiming to be the victim of an unprecedented legal witch hunt. In other words, as the trials proceed within the courts, a political trial is underway on the courtroom steps, at campaign stops, and in the media. On this week’s show, Dahlia Lithwick is joined by Professor Eric Posner, of the University of Chicago Law School, author of The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump, to discuss political trials - their history and their risks.
Next, Dahlia is joined by Madiba Dennie - attorney, columnist, professor, and deputy editor at Balls and Strikes - to recap oral arguments in United States v Rahimi, the big gun case considering whether adjudicated domestic abusers have a right to keep and bear arms.
In this week’s Amicus Plus segment, listeners will have access to an extended version of Dahlia’s interview with Madiba Dennie, analyzing whether election results are moving some of the justices away from the all you can eat originalism buffet.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
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Opening Arguments - OA830: Trump Eats it on the Witness Stand as Republicans Eat it at the Polls (feat. Joe Dye)
Liz and Andrew break down Donald Trump's testimony in the New York civil investigation. Then, Andrew welcomes back Joe Dye to talk about Tuesday's election results. You won't want to miss it! Notes Engoron PSJ order https://www.documentcloud.org/documents/24120504-engoron-decision-sept-2023 -Support us on Patreon: https://www.patreon.com/law
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-And finally, remember that you can email us at openarguments@gmail.com
Amarica's Constitution - Moore, in Brief
In our 150th episode, we present the amicus brief in Moore v. United States, authored by Professor Amar with his brother, Professor Vikram Amar. Reminder: CLE credit is available after listening by going to podcast.njsba.com. The brief begins with the provocative statement that most other briefs in the case have missed the point? What is the point that they missed? We explain how their focus on the 16th amendment misses the basic constitutional questions which the Court answered back in 1796 in the Hylton v. US case. Who says so? Some guys named Washington and Hamilton, to start. And this Lincoln fellow agreed later. But everyone seems to have missed this. You won’t.
Strict Scrutiny - Doing Government on Twitter
Melissa, Leah, and Kate recap cases the Supreme Court heard last week about whether government officials can block people on social media platforms. Do the justices actually understand how social media, or even the Internet, works? Unclear! Plus, a recap of the case over whether the phrase "Trump Too Small" can be trademarked. They also preview the upcoming second amendment case, United States v. Rahimi, which challenges a federal law prohibiting people subject to domestic violence restraining orders from possessing guns.
- Read Melissa and Kate's op-ed in the New York Times, "One of the Most Brazen Republican Schemes Around Abortion Is Happening in Ohio."
- Check out our new shirts, dropping just in time for holiday shopping!
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For a transcript of this episode, go to crooked.com/strictscrutiny
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Opening Arguments - OA829: More on the Classified Information Procedures Act (feat. Kel McClanahan)
Today, Liz and Andrew welcome back Kel McClanahan to break down recent Classified Information Procedures Act ("CIPA") rulings in Donald Trump's cases in DC and Florida. What does it portend? Listen and find out!
Notes Trump DC docket
https://www.courtlistener.com/docket/67656595/united-states-v-trump/
Trump SDFL docket
https://www.courtlistener.com/docket/67490069/united-states-v-trump/
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-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