Category: 3-LawSometimeCommentary

We defy all predictions by releasing a third episode in a week. This time, we talk about the intersection of public accommodations law and the First Amendment in 303 Creative and the Confrontation Clause in Samia v. United States.

Liz and Andrew break down the latest developments in Hunter Biden's plea deal and help inoculate you against the coming right-wing storm of misinformation suggesting something nefarious.

In the Patreon bonus, Andrew and Liz take a deep look at the Trump SDFL docket and discover something very interesting about Special Counsel Jack Smith.

Notes Liz’s ATL on Giuliani https://t.co/CN4aal5bx9

DOJ Press release https://www.justice.gov/usao-de/pr/tax-and-firearm-charges-filed-against-robert-hunter-biden

DOJ Information 2 - tax https://www.justice.gov/d9/2023-06/rhb_information_2.pdf

DOJ Information 1 - firearm https://www.justice.gov/d9/2023-06/rhb_information1.pdf

DOJ Agreement to produce Weiss https://s3.documentcloud.org/documents/23886334/doj-letter-weiss-testify.pdf

Fed R. Crim. Pro. 11 https://www.law.cornell.edu/rules/frcrmp/rule_11

Jason Smith amicus brief https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.7.3.pdf

Email correspondence between Kittila and Biden's counsel https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.8.1_1.pdf

Ted Kittila's (Jason Smith's counsel) letter to the Court https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.8.0_1.pdf

Clerk's office email to Ted Kittila (Jason Smith's counsel) https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.13.0_1.pdf

Salerno letter in response to show cause order https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.14.0_3.pdf

Affidavit of Jessica Bengels, the litigation specialist: https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.14.1_4.pdf

Unsealed Search Warrant Order https://storage.courtlistener.com/recap/gov.uscourts.flsd.617854/gov.uscourts.flsd.617854.146.0_2.pdf

26 U.S.C. § 6531 https://www.law.cornell.edu/uscode/text/26/6531

NY Times on Hunter Biden Plea Deal Hearing https://www.nytimes.com/2023/07/26/us/politics/hunter-biden-plea-deal-charges.html?smid=url-share

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Leah, Kate, and Melissa join MSNBC's Chris Hayes (aka Mr. Kate Shaw) to fully process the drama of the last Supreme Court term. It's our second annual crossover with Why Is This Happening?!

Another year, another pretty consequential Supreme Court term. SCOTUS recently ended its term with a number of big decisions including striking down affirmative action and issuing opinions in the 303 Creative case, in which the majority created a “constitutional right to refuse to serve members of a protected class,” as noted in Justice Sotomayor’s dissent. It also invalidated the Biden administration’s student debt relief program. Meanwhile, there’s increasing concern about recent allegations of ethical improprieties of SCOTUS justices, like the luxury fishing trip, reported by ProPublica, that Justice Alito took back in 2008 with GOP billionaire Paul Singer, who later had at least 10 cases before the high court. There’s a lot to unpack and we’re excited to share our second crossover episode with the hosts of the Strict Scrutiny podcast, Chris’ wife Kate Shaw, and her co-hosts Melissa Murray and Leah Litman. They join to discuss some of the most egregious actions from the super conservative majority of the Court, what’s at stake for American democracy and cases to look out for in the next term.

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• 10/4 – Chicago

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What’s in a name?  This week, it’s “Amar was wrong - Amar was right.”  Two weeks ago it was “bigots” and many made much of that.  So we take the feedback seriously and revisit it - you can judge the result.  Meanwhile, news from Long Island brings the 4th amendment to the fore again, and in a somewhat different way.  Different - how?  Listen and find out how to create a better jurisprudence without amending the Constitution, and the real differences in the lives of the people this would make.  Finally, Akhil has a new article in the popular press, and we introduce that for later elaboration.

Indictment Watch(TM) continues as Liz and Andrew update you as to what's new with Bernard Kerik before debunking the false arguments being made in defense of the fake electors who plotted with Trump to try and steal the 2020 election.

If you've ever heard anyone dishonestly suggest that "Hawaii in 1960" justifies generating fake electoral certificates, this is the episode for you!

Notes Judge Howell Discovery Order re Kerik Motion to Compel https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.82.0_1.pdf

Joint Stipulation re Kerik Discovery https://storage.courtlistener.com/recap/gov.uscourts.dcd.238720/gov.uscourts.dcd.238720.83.0_1.pdf 

Chesebro-Troupis Dec. 9, 2020 memo https://int.nyt.com/data/documenttools/trump-electors-memo-december/eb149df1a68cc512/full.pdf

Todd Zywicki, “The Law of Presidential Transitions and the 2000 Election,” BYU L. Rev. https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2031&context=lawreview

Zywicki 2023 declaration https://reason.com/wp-content/uploads/2023/07/Todd-Zywicki-Declaration-07.11.2023.pdf

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In the spirit of keeping things unpredictable, we're back with a new episode barely days after the last one. This time, we take a deep dive into two jurisdiction-y cases in the Divided Argument wheelhouse: Jones v. Hendrix and Moore v. Harper. 

Leah, Kate, and Melissa talk to Steve Vladeck about his new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic. From abortion bans to immigration restrictions, COVID orders and death penalty cases, the Supreme Court has taken to changing the law in quiet.

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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

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As Indictment Watch(TM) continues, Liz and Andrew turn their eyes to Fulton County, Georgia. Will DA Fani Willis beat Jack Smith in the race to indict Donald Trump for a third set of crimes? Will Trump's new lawyer, John Lauro, be less of a dipshit? (No.) And what about the fake cosplay electors who helped Trump try to steal Georgia? What's going to happen to them? Listen and find out! In the Patreon bonus, Liz explains that yes, sometimes it is RICO, and gives us a very special Lizdive into the Georgia standardized test scandal of 2009. Trust us, it's all a seamless web!

Notes Lauro on Fox News https://www.foxnews.com/video/6331632263112

3 U.S.C. § 5 https://www.law.cornell.edu/uscode/text/3/5

3 U.S.C. § 15 https://www.law.cornell.edu/uscode/text/3/15

SUPREME COURT Petition for Writs of Mandamus and Prohibition https://s3.documentcloud.org/documents/23875842/s23o1134_-_original_petition-copy.pdf

SUPERIOR COURT Petition for Writs of Mandamus and Prohibition https://www.fultonclerk.org/DocumentCenter/View/2046/2023CV382670

Trump Amendment to Petition for Writs of Mandamus and Prohibition https://www.fultonclerk.org/DocumentCenter/View/2051/AMENDED-COMPLAINT

Judge Glanville order https://s3.documentcloud.org/documents/23883767/2023cv382670-order-of-recusal.pdf

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After some inevitable self-flagellation for our lengthy hiatus, we catch up on some recent news and debate SCOTUS ethics. We then talk about implications of the Harvard/UNC affirmative action case, revisit Mallory v. Norfolk Southern, and break down the latest case captioned "United States v. Texas." 

Liz and Andrew provide a brief update as we continue to wait with bated breath on Trump indictments in DC (for the January 6th insurrection) and possibly in Fulton County, Georgia (for trying to falsify Georgia's election results).

In the main segment, Liz and Andrew break down the Supreme Court's recent decision in Biden v. Nebraska on the so-called "major questions" doctrine as to why we can't have nice things like student loan forgiveness.

This is a paid post on Patreon.

Notes Biden v. Nebraskahttps://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf

Dep’t of Education v. Brown https://www.supremecourt.gov/opinions/22pdf/22-535_i3kn.pdf

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