Opening Arguments - OA787: Trump Indictment 3 – Because It’s Still A Big Lie Even If You Pretend to Believe It

It's INDICTMENT DAY! Liz and Andrew release an emergency episode one day early that tells you everything you need to know about the just-released Trump DC indictment!

Notes TRUMP DC Indictment https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.1.0_2.pdf

J6 committee report https://www.govinfo.gov/content/pkg/GPO-J6-REPORT/pdf/GPO-J6-REPORT.pdf

Ricky Vaughn Complaint https://www.justice.gov/d9/press-releases/attachments/2021/01/27/mackey_complaint_0.pdf

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Amarica's Constitution - The Legacy of the Harvard Case – Special Guest Jeffrey Brenzel

We return to the affirmative action case, and again former Yale Dean of Undergraduate Admissions, Jeffrey Brenzel, joins us with his peerless expertise.  The fallout of the opinion is enormous ,and we address some of its ramifications, including legacy admissions, donor admissions, private vs. public institutional options, admissions departments’ responses, and much more.  What about the new frontiers of litigation that seem to be emerging, from scholarships designed to address racial disparities to non-race-conscious policies that nevertheless have impact on racial makeup?  Former Dean Brenzel also offers a fascinating critique of the likely responses, showing how what might seem like a powerful response might actually be a foolish way to avoid real impact.

Strict Scrutiny - Trump Indicted Again Again

Former President Donald Trump has been indicted for a third time-- this time in a Washington, DC, case about attempts to overturn the 2020 election. Kate, Melissa, and Leah huddle to break down the charges, the people involved, and what happens next.

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Opening Arguments - OA786: Can Donald Trump Really Overturn New York Times v. Sullivan?

Liz and Andrew begin by discussing the latest developments in Fulton County, Georgia. No, it's not a Trump indictment - but it is the next best thing!

After that, the duo break down Trump's latest LOLsuit loss in Trump v. CNN, and discuss how Trump may aim to leverage that loss into an argument to overturn the most important Supreme Court case in terms of press freedom: New York Times v. Sullivan.

Notes OA 744 https://openargs.com/oa744-georgia-fake-electors-scheme-gets-real-feat-lawfares-anna-bower/

McBurney order denying Motion to Quash, Preclude, and Recuse https://www.fultonclerk.org/DocumentCenter/View/2057/EX-PARTE-FILING-7-31-23

Fulton County docket http://www.fultonclerk.org/DocumentCenter/Index/94?Grid-orderBy=LastModifiedDate-desc

Trump v. CNN complaint https://storage.courtlistener.com/recap/gov.uscourts.flsd.621239/gov.uscourts.flsd.621239.1.0.pdf

Order dismissing Trump v. CNN https://storage.courtlistener.com/recap/gov.uscourts.flsd.621239/gov.uscourts.flsd.621239.31.0_1.pdf

State v. Lampl, 770 S.E.2d 629 (Ga. 2015) https://scholar.google.com/scholar_case?case=13555564276998303856

Roth v. United States, 354 U.S. 476, 484 (1957) https://scholar.google.com/scholar_case?case=14778925784015245625

Carson Holloway, “Overturn New York Times v. Sullivan”, The American Conservative, Sep. 9, 2022. https://www.theamericanconservative.com/overturn-new-york-times-v-sullivan/

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Divided Argument - Triple Threat

What could be more unscheduled and unpredictable than our fourth episode in little more than a week? We briefly discuss the latest developments in the Mountain Valley Pipeline shadow docket dispute, and then revisit ethics controversies. Then, we continue marching through the June cases we missed. We talk about the First Amendment's "true threats" exception in Counterman v. United States, and then ponder the two student loan cases, Biden v. Nebraska and Department of Education v. Brown

Opening Arguments - OA785: All Gerrymandering is Local (feat. Joe Dye)

Liz and Andrew welcome a very special guest expert to break down redistricting in Alabama, Miami, and elsewhere in light of Allen v. Milligan. This is an unpaid post on Patreon.

Notes Grace, Inc. v. Miami https://storage.courtlistener.com/recap/gov.uscourts.flsd.625372/gov.uscourts.flsd.625372.94.0.pdf

Merrill v. Milligan (2022) https://www.supremecourt.gov/opinions/21pdf/21a375_d18f.pdf

Allen v. Milligan (2023) https://www.supremecourt.gov/opinions/22pdf/21-1086_1co6.pdf

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Strict Scrutiny - America’s First Civil Rights Movement

First things first, Melissa and Leah break down Sam Alito's latest airing of grievances in the Wall Street Journal. Then, Kate joins them for a lesson in actual history from an actual historian. Kate Masur, author of Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction, joins the trio for a conversation about her Pulitzer Prize-nominated book.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - The Fear of Too Much Justice

In Amicus’ summer series of conversations about books that expanded our thinking about justice and the courts, beyond the churn of headlines, Dahlia Lithwick is joined by death penalty lawyer, professor and author Stephen Bright to discuss his new book, The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts



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Opening Arguments - OA784: Trump Sends Goons To Destroy The Evidence: Is That Bad?

HERE IT IS! Liz and Andrew break down a rapid response to the superseding indictment of Donald Trump in the Mar-a-Lago documents case.

As a bonus, the duo also discuss today's DOJ filing for a protective order and what it tells us about Trump's strategy (hint: it's greymail).

Notes Trump Superseding Indictment https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.85.0_1.pdf

Trump Superseding indictment summary https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.86.0.pdf

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