Opening Arguments

Latest Episodes:

OA488: A New Trial for Chauvin? May 07, 2021

Show notes

You may have seen some alarming headlines about Chauvin's lawyers asking for a new trial over a juror being at a BLM rally, but do those alarming headlines hold up? Should we be concerned? Andrew has the full breakdown! Before that, we tackle a very interesting component of the census called the "differential privacy" method, and why it's the subject of a new lawsuit.

OA487: How To Overturn Citizens United May 04, 2021

Show notes

All-star Senator Sheldon Whitehouse is at it again! In a Judiciary subcommittee meeting, Whitehouse laid out the groundwork for how a future Supreme Court could overturn Citizens United and Shelby County v. Holder. These are two atrocious decisions that would make even the Andrewest judge lament stare decisis, but today's episode explains how a court could overturn them without doing damage to court legitimacy going forward! (if you're into that kind of thing...) Before that, Andrew breaks down SCOTUS granting cert in the NYS Rifle & Pistol Assn v Corlett. Then, we tackle a listener email claiming we badly misrepresented defense attorneys in last Tuesday's show.

Links: NY State Rifle & Pistol Ass'n. v. City of New York, N.Y. Penal Law § 400.00(2)(f), Supreme Court of the United States opp brief, 2nd Circuit NY State Rifle & Pistol Ass'n v. Beach, Cert Peition, Cert granted, Supreme Court Fact-Finding and the Distortion of American Democracy, Planned Parenthood v. Casey, Citizens United, Civil Service Commission v. Nat’l Assn of Letter Carriers,

OA486: Apportionment Might NOT Be Final Apr 30, 2021

Show notes

You all probably heard by now that NY lost a House seat by 89 people... But did they? Andrew argues that this has been misreported. Find out why! Along the way, find out way more than you ever wanted to about the math and Al Gore Rhythms behind apportionment! Also, Rudy Giuliani had some things taken in what shouldn't be called a "raid." Couldn't' have happened to a nicer obvious criminal! Then we answer some feedback on the previous episode, OA485: What If Your Client Tells You They’re Guilty?

Links: OA307: Apportionment - The Census Fight Is Not Over, NPR 2020 Census Results, 13 US Code § 141 - Population and other census information, Executive Order on the Census, 2020 Census Apportionment Results, 2 U.S. Code § 2b, Method of Equal Proportions, Reapportionment Under the 1950 Census, "Computing Apportionment," US Census Bureau, Model Rule 3.3: Candor Toward the Tribunal

OA485: What If Your Client Tells You They're Guilty? Apr 27, 2021

Show notes

... and other great questions from listeners! We get so many intelligent, thoughtful questions from our amazing listeners and patrons that we decided to do a show about it! Today's episode features 3 listener questions. First, what happens if your client tells you they're guilty? Next, a union leader asks if Janus v. AFSCME completely disregarded Garcetti v. Ceballos? Finally, can electors report fractional votes?

OA484: Chauvin Guilty! What To Expect Next Apr 23, 2021

Show notes

It's good news! Chauvin was found guilty on all 3 counts! Andrew breaks down what to expect with sentencing, and a number of interesting legal quirks along the way. Also, should we be worried about an appeal? What about the Maxine Waters comments? Find out!

Links: State v. Martin, 211 N.W.2d 765 (Minn. 1973), MINNESOTA SENTENCING GUIDELINES, Minn. Sentencing Guidelines and Commentary, Sentencing Guidelines Grid, Sample PSI Report Vermont

OA483: SCOTUS Grants Absurd Privilege to Churches in New Ruling Apr 20, 2021

Show notes

Andrew Seidel of the FFRF joins us to discuss the absolutely terrible SCOTUS decision in Tandon v. Newsom. As you might expect, it's a complete disgrace that further enshrines Christian Privilege into law, in total contradiction of Church State Separation.

OA482: Justice for Daunte Wright Apr 16, 2021

Show notes

Officer Kim Potter was charged with 2nd Degree Manslaughter in the killing of Daunte Wright. She claims she meant to fire her taser. Could she face more serious charges? Then, Andrew breaks down Maryland's Police Reform Bill. It's pretty good stuff, so naturally Democrats had to override the Republican Governor's veto. And finally, we've got a wildcard in which Sydney Powell responds to charges of incompetence with EVEN MORE INCOMPETENCE. Links: Andrew's Full Baseball Lecture, the slides, Kim Potter Charging Documents, Sec. 609.205 Man 2, MINNESOTA SENTENCING GUIDELINES, Sec. 609.20 MN Man 1, MD SB71, SB178, HB670, Evers' brief, Powell Motion to Strike, Evers response, Powell motion to strike (actual motion)

OA481: Sanctions Motion Obliterates Sidney Powell Apr 13, 2021

Show notes

Governor Tony Evers is not messing around when it comes to Sidney Powell's evidence-free conspiracy nonsense. He has filed a motion for sanctions that just demolishes Powell for being a total hack, liar, and terrible lawyer. It's magnificent, and Andrew breaks it down for us! After that, we've got some follow up on Uzuegbunam v Preczewski (the one where Andrew sided with John Roberts.) Was Andrew wrong? Find out!

OA480: Why Both Sides of the Chauvin Trial Cite Graham v. Connor Apr 09, 2021

Show notes

Today's show has everything you want from an OA episode! We start with some follow-up on the Originalism episodes. Second is a fascinating mini dive into Graham v. Connor and why both the defense and the prosecution of the Derek Chauvin Trial are citing it. Finally, we squeeze in an amazing wildcard segment about Jordan Peterson being Red Skull in the new Captain America comics!

OA479: No, Judges Should NOT Be Originalists, Part 2 Apr 06, 2021

Show notes

A recent episode of the Rationally Speaking Podcast featured Originalist Law professor William Baude arguing for why judges should be originalist. Needless to say, it was not a good case and strawman arguments abounded. Andrew is here to give us part 2 of the deep-dive that will set the record straight on why originalism is still bad.

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