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Opening Arguments

Latest episodes

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Dec 28, 2021 • 1h 3min

OA555: Dems Must Gerrymander to Level the Playing Field - A Look at Redistricting for 2022

No more bringing knives to gun fights! Andrew breaks down the 2022 redistricting in key states. Listen in to find out why gerrymandering is a must for Democrats if we want to achieve any sort of fairness long term. Then, we have an extended mailbag segment with some truly amazing emails from our brilliant listeners! Links: Cal. Code sec. 8521 et seq., Dave's Redistricting
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Dec 24, 2021 • 57min

OA554: 6th Circuit Overrules Atrocious 5th Circuit Ruling on Vax Mandates

How is the 6th Circuit overruling the 5th Circuit, you ask? Great question. That's just like you, you brilliant legal mind! Well there's some interesting legal quirkery behind that. But also, wait until you get a load of how terrible and embarrassing the 5th Circuit's original decision was... Also, we react to the bad Manchin news last week. And finally, Andrew's got another iteration of what we now call Cargo Cult Lawyering, with a John Eastman update! Links: 6th Circuit Ruling, 28 US Code § 2112, BST Holdings, Eastman - it's my first day
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Dec 21, 2021 • 1h 7min

OA553: The Supreme Court Commission Failed. Gabe Roth Joins Us to Discuss Why

The Supreme Court Commission finished its work early! Probably because, you know, they didn't f*cking do anything useful. Gabe Roth of Fix the Court returns to discuss why the commission failed, what's really wrong with the court, and debate with us how to actually fix it. Court packing? Term limits? Both? Listen in!
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Dec 17, 2021 • 57min

OA552: Will Joe Manchin Save Democracy? No, Really! ... Stop Laughing...

Today's show breaks down President Biden's pivot from passing the Build Back Better Act to passing the Joe Manchin-cosponsored Freedom to Vote Act, S. 2747. What's in the bill? Is it Manchin'ed? Listen and find out! In the "B" segment, Andrew points and laughs at insurrection John C. Eastman's doomed attempt to prevent Verizon from turning over his phone records to the 1/6 Commission.. It's funny because they're all dumb. Finally, we have a very brief update on the Activision lawsuit you won't want to miss. Links Here's a link to a Washington Post article that contains additional links showing how you can help victims of the Quad State tornadoes. Here's the text of S. 2747. Eastman's lawsuit is hilariously bad, and don't forget to check out the case he thinks helps him (it doesn't), Yellin v. US, 374 US 109 (1963). Finally, we explain what that denial of DFEH's motion to intervene in the Activision lawsuit really means.
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Dec 14, 2021 • 1h 8min

OA551: Trump May Out of Office but His Federal Judges Are Not

They're busy at work making a complete mockery of the law. To call them howler monkeys is an insult to howler monkeys, who I'm sure would at least try their best. Andrew takes us through a couple recent opinions by Trump Judges that remind us why it was so goddamn important both to elect Biden AND to win those two Georgia Senate seats. Let this episode be a motivator! These are the people who end up deciding the most important cases when we let Republicans back in power. Links: VanDyke ABA rating, Duncan v Bolta, Terry A. Doughty, Louisiana v Becerra, Who Are the Scientists Behind the Great Barrington Declaration?, Peter A. McCullough
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Dec 10, 2021 • 1h 13min

OA550: Oxford Shooter's Parents Charged

In what seems to be an unprecedented but perhaps bold and necessary move, the parents of the Oxford shooter have been charged with involuntary manslaughter. Andrew has the breakdown of what happened and if the charges are likely to stick. Is it a slippery slope to... anyone being charged for everything ever? Nah. Before that, we've got an update about the Amazon unionization effort. A new election has been ordered, which is good news! Find out what Amazon is guilty of. Links: Amazon new election order, Michigan Penal Code Section 750.321, jury instructions
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Dec 7, 2021 • 1h 11min

OA549: Greedy Billionaire MLB Owners Stage Lockout

Baseball law! This season is in jeopardy because some crusty, probably racist, billionaires don't want to give up any money. The OA message on sports law has always been loud and clear: side with labor over the owners! Listen in and find out why. Before that, we've got some delightful updates on the kraken idiots having to pay legal bills! Links: Kraken order, A letter to baseball fans, List of Major League Baseball replacement players
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Dec 3, 2021 • 1h 26min

OA548: Supreme Court Signals Roe v. Wade's Demise

Warning: this episode contains yelling. But like, why wouldn't it. We break down oral arguments in Dobbs vs. Jackson Women's Health aka the Handmaid's Tale-ification of the US. The conservative buffoons on the court made jaw droppingly stupid arguments, while some brilliant advocates did an amazing job fighting this losing battle. We've got clips and highlights and a whole lot of rage.
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Nov 30, 2021 • 1h 8min

OA547: Can Alex Jones Take the 5th?

Alex Jones has been in the news lately for losing default judgment after default judgment, and might plan on taking the 5th in front of Congress. So, can he do that? The reasoning proves textualism is terrible and wrong. Then, we've got some updates and clarifications on the Arbery verdict, including capital punishment, appeals by the prosecution, and the misconduct by the first two prosecutors. Finally, a probation officer wrote in to expand on the weird "no porn" rule. Links: 18 US Code § 3731 - Appeal by United States, 2020 Maryland Statutes Section 12-302, Jackie Johnson Indictment, McCarthy v. Arndstein, 266 U.S. 34
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Nov 25, 2021 • 1h 10min

OA546: Three Racist Murderers Found Guilty of Murdering Ahmaud Arbery

Wait the system... can work? It did in this instance at least, and it was a very important one. Three pieces of racist trash were found guilty of the horrifying murder of Ahmaud Arbery. Andrew explains the verdict. However, the system also... very much doesn't work. Andrew breaks down the disturbing case of a judge giving a 4 time rapist NO jail time after praying on it. Then finally, we break down an interesting new argument in the Trump records case. Links: Kyle Rittenhouse Legal Eagle, Georgia Code § 16-5-1, Christopher Belter: 5 Fast Facts You Need to Know, House Brief, Court's 11/23 order, National Coal. to Save Our Mall v. Norton, 44 U.S. Code § 2204, Trump's reply brief

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