Opening Arguments

Latest Episodes:

OA478: Why Biden's Judicial Picks Are Hardball Apr 02, 2021

Show notes

If you're looking for evidence that Joe Biden is ready and willing to play hardball and not give a shirt about Republican votes, his first batch of judicial nominees are a great example. Andrew breaks down for us why they signal that he isn't messing around! Before that, we discuss the 9th circuit decision Young v. Hawaii about open carry.

Links: Memorandum on International Transgender Day of Visibility, Biden Announces Intent to Nominate 11 Judicial Candidates, Biden Won't Give ABA Advance Role in Vetting Judicial Nominees, ABA 2019 Report: Lawyer Demographics, Examining the Demographic Compositions of US Circuit and District Courts, Biden borrowed the Federalist Society's tactics

OA477: No, Judges Should NOT Be Originalists Mar 30, 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 1 of the deep-dive that will set the record straight on why originalism is still bad.

Then we've got Ace Associate Morgan Stringer on for some pop-law! She gives us the breakdown on the lawsuits filed against DeShaun Watson which allege sexual assault.

Links: Planned Parenthood v. Casey, 505 U.S. 833 (1992), Gamble Decision with Thomas quote

OA476: Sidney Powell's Defense Is Even Worse Than You Think Mar 26, 2021

Show notes

Sidney Powell's response to the Dominion Defamation suit is too batshirt to miss! Andrew brings us the full breakdown. Also, a jury has been selected in the Derek Chauvin trial so we've got some updates there. And finally, Andrew explains the gun control bills that have passed congress.

Links: Dominion response to Powell motion to extend time, Dominion complaint, Powell motion to dismiss, Minn. Sentencing Guidelines, Batson v. Kentucky (1986), Jurors In Derek Chauvin's George Floyd Murder Trial, Bipartisan Background Checks Act of 2021, Texas mass shooting, Enhanced Background Checks Act of 2021

OA475: Citibank's $900 Million Oopsie Mar 23, 2021

Show notes

It's a no takesies backsies deep dive! We all know the law is pretty reasonable and there's no way you get to keep millions of dollars that a bank wires you by accident, right? Wellllllll ordinarily yes, but sometimes no! Andrew's got the full breakdown on Citibank's big oopsie.

Before that, we talk about Alan Dershowitz's (s)hit new podcast and how he's lying about the My Pillow guy.

Links: OA198: What Is Alan Dershowitz Thinking?, Former Trump lawyer Alan Dershowitz is advising MyPillow CEO

OA474: FBI "Faked" Kavanaugh Investigation?! Mar 19, 2021

Show notes

Remember sniveling weasel Brett Kavanaugh and the serious allegations against him by Dr. Ford and how he was "cleared" by an FBI investigation into the matter? Well according to Sheldon Whitehouse, that investigation might have been not just inadequate but perhaps FAKE. In our main story, Andrew breaks down the Ohio lawsuit attempting to block the American Rescue Plan. It involves a deep dive into anti-commandeering doctrine, which might not be what you think it is.

Links: FBI facing allegation that its 2018 background check of Brett Kavanaugh was ‘fake’, Whitehouse Releases Letter to Garland on Oversight Matters, OLC Politicization, Ohio attorney general sues Biden administration over $1.9 trillion stimulus

OA473: In Praise of John Roberts and Joe Manchin?! Mar 16, 2021

Show notes

You read that right, and no it's not opposite day! At least... I don't think it is. Anyway, Manchin has said some things about the filibuster that are incredibly encouraging! We've got the full breakdown and a mini filibuster dive for you. Then in our main segment, Andrew breaks down a decision in which Roberts dissented from the entire court... and in Andrew's opinion, he has it right!

Links: Brookings.edu, "The History of the Filibuster,", 19-968 Uzuegbunam v. Preczewski

OA472: The American Rescue Plan - You Made This Happen! Mar 12, 2021

Show notes

It's here! The 1.9 trillion dollar package is officially passed! If you are one of the many listeners who donated time or money to getting Democrats to 50 seats, you truly did make this happen. Andrew did all the reading so you don't have to! He breaks down what's in this incredibly progressive plan.

Before that, we respond to lots of people asking "Didn't Republicans fire the parliamentarian in 2000?" This objection to our minimum wage episode completely falls flat for several reasons.

Links: WaPo Parliamentarian Article, Lott to Oust Senate Parliamentarian Who Ruled Against GOP, WaPo How big is the Biden stimulus bill?

OA471: Republican Lawyer Shouts Quiet Part on Voting Rights Mar 09, 2021

Show notes

At oral arguments before the Supreme Court, a lawyer for Republicans admitted that eliminating voting restrictions would put Republicans at a 'competitive disadvantage.' Will this startling admission jeopardize the case for Republicans? Find out! Before that, we cover some good news and bad news. Bad first - the Texas EO on masking is worse than you thought. Good news - HR1 the Equality Act is amazingly good legislation! It's the jam packed Tuesday deep-dive you've come to expect from us! Links: TX Executive Orders GA-32 and GA-34, TX Code 418, TX Executive Order GA-10, State Voting Bills Tracker 2021, Georgia HB 531, [Brnovich v. DNC] Consolidated Oral Argument, 52 U.S. Code § 10301

OA470: Can Harris Just Overrule the Parliamentarian? Mar 05, 2021

Show notes

Leftist publications like Jacobin have been excoriating the Biden administration, and specifically VP Harris, for not simply overruling the Senate Parliamentarian to force the $15 minimum wage through. They argue this is something Republicans definitely would do if the situation were reversed. So... is all that true? Andrew is here to break it down for us!

Links: The Hill Cruz: Let's overrule Senate officer to expand ObamaCare bill, Rules Of The Senate, 2 US Code Chapter 17, Byrd Rule 2 US Code § 644, The Tax Legislative Process: A Byrd's Eye View, Andrew's favorite plan

OA469: The Batshirt Crazy 'Latinos for Trump' Lawsuit Mar 02, 2021

Show notes

Hooooo boy, have we got some legal craziness for you fine listeners! Disgraced lawyer who Instagramed his participation in an insurrection has filed a lawsuit that is essentially Latinos for Trump and a few other groups v. EVERYONE. Andrew had way too much fun diving into it! Before that, we have quite the deep-dive on hearsay related to a recent T3BE question. Turns out you can't kill witnesses to get away with stuff? Who knew!

Links: Rule 801. Exclusions from Hearsay, Rule 802, Rule 803, Rule 804, Find A Lawyer | Paul MacNeal Davis, Goosehead Insurance, Sollenberger Tweet, Gondor has no King nonsense, Court sua sponte motion, amended complaint, Davis fire by basically everyone, LFT asks for more time, LFT motion for fees, supporting exhibit