Opening Arguments

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!

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!

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.

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

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

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

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

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

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

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?

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

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

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

Normally we're bracing ourselves every time there's SCOTUS news, but this time there's actually some good! Cy Vance HAS TRUMP'S TAX RETURNS. Ok that's pretty much the end of the unambiguously good news. But listen in as Andrew gives us the expert analysis on the anti-affirmative action case and the Title X case! Before that, we talk about what elections actually would have looked like under Lessig's proportional system from last episode. The results are very fascinating! Yay spreadsheets! We finish off with a quick answer to the question, "could the Senate have voted anonymously on impeachment?" Links: 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest, BBC Facebook v Australia: Who blinked first?, Daily Kos How minority rule plagues Senate, Andrew's Spreadsheet, CNN Trump's tax returns turned over to Manhattan district attorney, Mayor v. Azar, 973 F.3d 258, California v. Azar, 950 F.3d 1067, 42 US Code § 18114 - Access to therapies

Harvard Law Professor and activist Lawrence Lessig joins us to talk about his ongoing efforts to get rid of the Electoral College. It's a war being fought on multiple fronts, but Professor Lessig's current effort is to force states to assign delegates proportionally. The all or nothing system we have now is not actually written into the Constitution. Listen in for the full breakdown! Links: Rodriguez v. Newsom cert petition, Baten v. McMaster, 967 F.3d 345

Why is the OA Facebook page blocked in Australia? Well, it's not just us, it's every news page! We've got the deep dive into why Facebook is blocking us and why Google isn't, even though they were targeted by the same law. Before that, we take a look at a truly terrible bill out of South Carolina that is going to be model legislation in a post-Roe America. It's every bit as anti-choice as you think and then some. Finally, a look at an absurd and pathetic attempt by Georgia Republicans to shield Trump from likely indictment by amending the constitution! Texas Resources: Warming Centers – TDEM, Warming centers in Texas: How to find them, get help and help others, Live Doc with resources, TEXAS WEATHER CRISIS ASSISTANCE Links: Overview of Fetal Development, Abortion Policy in the Absence of Roe, AUS Digital Platforms Inquiry rpt, News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 – Parliament of Australia, News Corp and Google Agree To Global Partnership, Changes to Sharing and Viewi

Today's show is a fascinating deep-dive into one Amazon facility's efforts to unionize, and the implications it has on the entire company! After that, we have an update on the Senate power sharing agreement. Committee assignments galore! Links: Amazon workers begin voting in landmark US union push, Amazon Workers in Delaware Reject Union Effort, Amazon has avoided unions for 25 years, Amazon 18-month non-competes, Amazon's Secret Program to Spy On Workers, Amazon training videos coach Whole Foods staff on how to discourage unions, Amazon: ‘They Work You to Death’, Amazon NLRB Case, National Labor Relations Act, 29 U.S.C. §§ 151 et seq, Signed RC petition, Amazon response, Amazon has lost its bid to delay Alabama union vote, NLRB petitions report, Res 27 power sharing, 2001 version S. RES. 8

In case you missed it, our 45th president led a violent insurrection about a month ago and now it's up to Democrats to convince a bunch of Republicans... who were there... that it happened. Andrew is here to break it all down for us! Also, some other criminal president updates as the Georgia Sec of State opens an investigation into Trump's election meddling there. Links: NYT Georgia Officials Review Trump's Phone Call to Raffensperger, Georgia Prosecutors Open Criminal Inquiry Into Trump's Efforts to Subvert Election, DA Preservation letters, Christine Resigns, impeachment schedule, Res 47 Adopted 2/9, Donald Trump Speech "Save America" Rally Transcript January 6, 18 US Code Chapter 102 - RIOTS

Ace Associate Morgan Stringer is here to throw some cold water on the cases against Robinhood in the GameStop fiasco. Why are they doomed? Find out! Before that we cover a grab bag of good news items including the DOJ dropping the Yale lawsuit, federal student debt cancelation, and Virginia abolishing the death penalty. Are you tired of positivity yet? Links: OA219: Harvard and Affirmative Action, Warren and Schumer Resolution, 20 US Code § 1082, Virginia Senate passes death penalty abolition bill

This is a jam-packed, extra-length show that covers as many of the pressing stories in the news that we could cover! We begin with the breaking news that Kyle Rittenhouse's lawyers perjured themselves by filing a fraudulent address in defiance of a court order; we tell you why that's bad and what's next for the domestic terrorist. After that, it's time for a lengthy breakdown of the DC Statehood Bill, including a discussion of the potential future legal challenges (and solutions!) as well as the timing for when we can expect 2 new Senators to be seated! Then, it's time to break down former President Trump's (laughably bad) response to the Article of Impeachment. Phew! Links You can check out Rittenhouse's brief in opposition to the bond increase. Here is the full text of the DC Statehood Bill introduced by Tom Carper. You will not believe how bad the lawyering is in former President Trump's (laughably bad) response to the Article of Impeachment, and you can also read the Inquirer article on Tr