The follies in the House have ended, for now. Many Americans looked upon the travesty with despair, wondering if our government might yet be up to the task of leading and reaching beyond party to find country and duty. We take a good look and search for places where reaching across the aisle might still take place - and we try to do our part and go beyond demonizing those not in our own party. Plus - the Amars’ amicus brief is up in Moore vs. US, and we open that door. This episode is eligible for CLE credit at podcast.njsba.com.
Strict Scrutiny - Trump’s Legal Defense is Dumb AF
Leah, Melissa, and Kate get up to date on the various cases against former President Trump and analyze the arguments being brought in his defense. Plus, they preview the First Amendment cases the Supreme Court will hear this week-- including one about the legality of trademarking the phrase "Trump Too Small."
- Read about the guilty pleas from Kenneth Chesebro, Sidney Powell, and Jenna Ellis
- Read the NYT on Amy Coney Barrett's remarks at the University of Minnesota and Clarence Thomas's RV loan
- Read The Washington Post on Judge James Ho's speech to The Heritage Foundation
Find us on the internet!
- Bluesky: leahlitman.bsky.social, profmmurray.bsky.social, Kateshaw.bsky.social, strictscrutiny@bsky.social, strictscrutiny@bsky.social
- Threads: @profleahlitman, @profmmurray, @kateashaw, @strictscrutinypodcast
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Opening Arguments - OA826: Trump (Re-)Gagged, Ivanka Subpoenaed & SCOTUS Has D*cks on the Docket
Liz and Andrew tackle two stories. In the A segment, the duo discuss Trump's civil trial in New York and his (so far unsuccessful) efforts to block the gag order entered against him in federal court in DC. Then they break down a case headed for oral argument at the Supreme Court in a few days, Vidal v. Elster, which presents the unfortunately timely question of whether someone can trademark a joke about Donald Trump's... hands (without his permission). SHOW NOTES Trump DC docket https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148 Trump Reply Sup Stay of Gag Order https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.123.0_3.pdf Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991) https://scholar.google.com/scholar_case?case=12991687764638238096 In re Brunetti https://scholar.google.com/scholar_case?case=14505087584960254163 15 USC § 1052 https://www.law.cornell.edu/uscode/text/15/1052 Vidal v. Elster petitioner’s brief https://www.supremecourt.gov/DocketPDF/22/22-704/272918/20230725195926740_22-704tsUnitedStates.pdf Vidal v. Elster opposition brief https://www.supremecourt.gov/DocketPDF/22/22-704/278867/20230905184138600_Elster%20Merits%20Brief.pdf OA 165 https://openargs.com/oa165-you-heard-it-here-first-abortion-rights-gun-control-and-offensive-trademarks/
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Amicus With Dahlia Lithwick | Law, justice, and the courts - Watching Trump Shrink in Court
On this week’s show, Dahlia Lithwick is joined by Slate’s Jurisprudence Editor, Jeremy Stahl. Jeremy is also the lucky person tasked with helming Slate’s coverage of the many many criminal and civil trials of Donald J Trump and Amicus listeners can expect to hear a lot from Jeremy over the next year. After a week of big news across a number of the former President’s courtroom battles, Jeremy gives us a survey of the legal landscape and some vital pointers about what really matters, what’s nonsense, and what we should be watching and listening for in the coming weeks.
In this week’s Amicus Plus segment, Jeremy Stahl sticks around to have a behind the scenes chat about how Slate’s jurisprudence team is tackling the thorny issue of reporting on the Trump trial - sorting wheat from chaff and stakes from horse race.
Sign up for Slate Plus now to listen and support our show.
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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Divided Argument - Good Dig
The October Term is now underway, and that means it's time for Season 4 of the show. We catch up on the inevitable shadow docket happenings before diving into a discussion of two cases that were argued earlier in the month. First, we dig into Acheson Hotels, LLC v. Laufer, and debate which jurisdictional ground the Court will rely on to get rid of the case. Then, we give the people what they want and talk about admiralty law in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC.
Opening Arguments - OA825: Speech is Free, Witness Intimidation Will Cost Ya
Liz and Andrew tackle two stories today. First, they break down exactly what is going on with Trump's various gag orders and his behavior in court in New York.
Then, it's time for a classic deep dive about qui tam actions and how they've been hijacked with the help of possibly Trump's worst judicial appointment and weaponized against women. It's a story you need to know.
In the Patreon bonus, the duo compare and contrast legal ethics between George Santos and Donald Trump and come out in favor of... George Santos??!? You heard us!
Notes
Trump Fulton County docket
https://www.fultonclerk.org/DocumentCenter/Index/142
False Claims Act, 31 U.S.C. Subchapter III
https://www.law.cornell.edu/uscode/text/31/subtitle-III/chapter-37/subchapter-III
31 U.S.C. § 3730
https://www.law.cornell.edu/uscode/text/31/3730
Doe v. PP Complaint
https://storage.courtlistener.com/recap/gov.uscourts.txnd.343972/gov.uscourts.txnd.343972.2.0_5.pdf
Kacsmaryk 2022 Order denying Motion to Dismiss
https://storage.courtlistener.com/recap/gov.uscourts.txnd.343972/gov.uscourts.txnd.343972.71.0.pdf
George Santos Superseding Indictment
https://storage.courtlistener.com/recap/gov.uscourts.nyed.497086/gov.uscourts.nyed.497086.50.0_1.pdf
DOJ Conflicts motion- George Santos / Joseph Murray
https://storage.courtlistener.com/recap/gov.uscourts.nyed.497086/gov.uscourts.nyed.497086.51.0_2.pdf
Gentile v. State Bar of Nevada, 501 US 1030 (1991)
https://scholar.google.com/scholar_case?case=12991687764638238096
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Opening Arguments - OA824: MAGA Mean Girl Jenna Ellis Shoves Rudy Under the Fulton County Bus
Liz and Andrew urge caution on some breaking news stories, including the ABC report that Mark Meadows has "flipped." Then, the duo tackle the Jenna Ellis plea in Fulton County, GA and a barrage of bizarre filings by Donald Trump in his federal case in DC.
In the Patreon Bonus, Liz and Andrew analyze Jenna Ellis's legal advice as to how to steal the 2020 Election.
Notes Trump Fulton County docket
https://www.fultonclerk.org/DocumentCenter/Index/142
Jenna Ellis plea
https://www.youtube.com/watch?v=Eu7uzRFDpTY
Jenna Ellis original Fulton County indictment
https://www.fultonclerk.org/DocumentCenter/View/2108/CRIMINAL-INDICTMENT
Jenna Ellis superseding Accusation
https://s3.documentcloud.org/documents/24079495/criminal-accusation-for-ellis-102423.pdf
Jenna Ellis sparklemagic law memos!
https://www.politico.com/f/?id=0000017d-a4d0-dac5-abff-a5ddcf600000
OCGA 16-10-1
https://law.justia.com/codes/georgia/2022/title-16/chapter-10/article-1/section-16-10-1/
OCGA § 16-10-20
https://law.justia.com/codes/georgia/2022/title-16/chapter-10/article-2/section-16-10-20/
Raffensperger letter
Trump DC Indictment
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.1.0_7.pdf
113 - MTD on Constitutional Grounds
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.113.0_1.pdf
114 - MTD on Statutory Grounds
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.114.0_2.pdf
115 - Motion to Strike
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.115.0.pdf
116 - MTD for Selective and Vindictive Prosecution
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.116.0_1.pdf
Amarica's Constitution - Speakerless
Still no speaker. Is it really the case that the House can’t do anything? How might it work? What about Section 3 of the 14th Amendment - does it play any role in the Speaker selection process? Meanwhile, we turn towards the other Jordan and see the dangers of insecure borders that are inherently hard to defend. Professor Amar explains how this simple fact led him to insights that resulted in a constitutional narrative quite different from those you may have been taught, and which makes certain predictions and conclusions. Does it stand up? We begin a process, which we will return to, of seeing where it leads us. A sweeping episode - eligible for CLE credit by visiting podcast.njsba.com after listening.
Strict Scrutiny - Texas is a Magic 8 Ball for the Country
ProPublica's Andrea Bernstein joins Kate and Leah to talk about the new investigative podcast, "We Don't Talk About Leonard." Then, Melissa, Kate, and Leah are live from the University of Texas to talk about all the special things the state brings to the federal judiciary.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
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
Opening Arguments - OA823: Alex Jones Can’t Duck the Connecticut Sandy Hook Plaintiffs (& We’re Cheeseless!)
Liz and Andrew cover two main stories: (1) the plea bargain agreed to by Ken Cheseboro in Fulton County, Georgia, and (2) the ruling out of bankruptcy court that certain debts are "non-dischargeable in bankruptcy." What does that mean? Listen and find out!
In the Patreon bonus, Andrew and Liz deep dive into the specific jury instructions and more to figure out why the results were different for similar plaintiffs in Texas.
Notes Heslin v. Jones, Docket via Court Listener
https://www.courtlistener.com/docket/66982798/heslin-v-jones/
Wheeler v. Jones, Docket via Court Listener
https://www.courtlistener.com/docket/66983329/wheeler-v-jones/
11 U.S. Code § 523 - Exceptions to discharge
https://www.law.cornell.edu/uscode/text/11/523
The Federalist, “Sidney Powell’s Plea Proves Fulton County Prosecutor Went Nuclear To Get Trump”
Justice Engoron Gag Order
https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=jHhVNANx9_PLUS_/cjyUwT3y0zw==
US v. Trump SDFL Docket via Court Listener
https://www.courtlistener.com/docket/67490069/united-states-v-trump/
US v. Trump DDC Docket via Court Listener
https://www.courtlistener.com/docket/67656595/united-states-v-trump/?order_by=desc
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