law

#T3BE 158 - Full Question Text for Patrons

OA342: Why the Supreme Court Should Scare You Even More Than It Already Does

Today's episode takes a deep dive into something the Supreme Court didn't do last week -- namely, it declined to grant certiorari to reverse an obviously incorrect decision of the Sixth Circuit (EMW Women's Surgical Center v. Meier), in which that court upheld a blatantly unconstitutional Kentucky law mandating that women undergo a medically unnecessary ultrasou...

LAM36: The Christmas Clause

with special guest Sam from Comedy Shoeshine! We needed Sam here to judge how mad we all should be at Andrew for making us watch this flaming pile of garbage. This movie might not have been a hate crime, but we sure hated it. Also it might have been a hate crime, really.

#T3BE 157 - Early Answer for Patrons

Thomas went with (B) and (D) as his second-chance options, before settling in on the correct answer, (B)!  

Thomas is now 84-for-157 (53.5%) and back in the win column!

#T3BE 157 - Full Question Text for Patrons

OA341: Articles of Impeachment (& Espionza)

Today's episode breaks down the Articles of Impeachment currently being debated in the House Judiciary Committee.  Find out Andrew's disappointment, the hidden clause that lets the Senate consider Mueller evidence (if they want), and what these articles can't let the Senate evaluate in determining whether to impeach Trump.  You won't want to miss it!  Oh, and also, you'll get a mini-deep-dive on the Espinoza decision and so much more!

We begin with an im...

OA340: OA and Serial, or, Why the Supreme Court Denied Cert in Syed v. Maryland

Perhaps against our better judgment, we once again return to the Adnan Syed case narrated so beautifully in season 1 of Serial.  If you haven't heard our take on the case itself, you might want to go back and listen to Episode 107.  Today, we're not discussing the underlying merits but rather what the Maryland Court of Appeals ruled and why the Supreme Court decli...

#T3BE 156 - Early Answer for Patrons

Sadly, it's (C).  This was another fiendishly hard question.  Thomas is now 83-for-156 (53.2%) and on a two-question losing streak.

OA339: Who is Jonathan Turley, Anyway?

Today's episode is a timely impeachment-themed deep dive into the testimony of George Washington University law professor -- and legitimate legal scholar -- Jonathan Turley before the House Judiciary Committee.  How should you evaluate his arguments?  We walk you through them, of course!

We begin, however, with a new segment:  the Wingnut Lightning Round(TM), in which we evaluate -- or rather, make fun of -- two preposterous new lawsuits filed this week by two complete id...

#T3BE 156 - Full Question Text for Patrons

QnA 27 audio

Here's the audio for people who don't like YouTube!

OA338: Nondelegation and the "Administrative State"

Today's episode takes a deep dive into the nondelegation doctrine in light of a recent Kavanuagh comment on a case... in which the Supreme Court didn't even grant certiorari.  Is Andrew panicking?  (No.)  Listen and find out why not!

We begin, however, with a  brief Andrew Was Wrong on taxation that calls back to OA 336.  How exactly is stock income taxed?  Listen and find out!

Then, it's time for the main segment, which is a deep di...

#T3BE 155 - Early Answer for Patrons

After figuring out which tenant was which, Thomas narrowed down his choices to (A) and (B) before settling in on (A) as "the obvious answer."  Sadly, that's not so; it's (B), for the rather obscure reasons set forth above.   He's now 83-for-155 (53.5%). 

QnA 27 is Live!

#T3BE 155 - Full Question Text for Patrons

Early for your Thanksgiving pleasure!

OA337: How to Talk to Your (Republican) Family About Impeachment

Share this episode with your (open-minded) Republican friends, family, and co-workers!  We're happy to bring you this Thanksgiving Special a day early in which we break down the latest "trial balloon" defense of Trump's conduct:  that Trump was actually encouraging a legitimate investigation into a top-secret conspiracy in Ukraine to hack the DNC servers in 2016 and throw the election to Hillary Clinton.  If you don't know what "CrowdStrike" and "Chalupa" mean, you won't want t...

Thanksgiving (FREE) Bonus: "Arguing With Fellow Democrats"

Show notes also attached!

OA336: Warren's Wealth Tax & a CRA for SCOTUS?

Today's episode takes a deep dive into Elizabeth Warren's wealth tax.  Is it constitutional?  How will the arguments shape up?  Listen and find out!

We begin, however, with an interesting proposal for a "Congressional Review Act" for the Supreme Court by law professor -- and professional Supreme-Court-fixer -- Ganesh Sitaraman.  Will this proposal meet with more approval than Sitaraman's previous "lottery" idea?

Then we do a deep dive into the history of taxes ...

#T3BE 154 - Early Answer for Patrons

Thomas nailed the first of our new set of questions, picking (A), which is obviously the right answer.  He's now 83-for-154 (53.9%) and back in the win column.

OA335: This Week in Impeachment

Today's episode breaks down the significance of a packed week in Republican witness testimony before the House Intelligence Committee about the potential impeachment of Donald Trump.  We continue to place everything in the context of proving that Donald Trump committed impeachable bribery in violation of  18 U.S.C. § 201(b)(2), including evaluating the (increasingly desperate) defenses being raised by House Republicans.

We begin, however, with a slight Andrew Was Wrong and so...

#T3BE 154 - Full Question Text for Patrons

Q&A Open Thread

Post your questions here for the live Q&A on Saturday, Nov. 30th at 2 pm Eastern / 11 am Pacific. 

You know the drill!  Upvote with the heart the questions you want to hear answered!

OA334: IVF, LIHEAP & the Russians

Today's episode features a deep dive into what used to be a core Republican program, the Low-Income Home Energy Assistance Program, or LIHEAP.  Did you know that every year, over a thousand people -- most of them with homes -- freeze to death in the U.S.?  Did you know that both political parties used to want to do something about that?

We begin, however, with some listener feedback from 2019-11-19 04:49:55 +0000 UTC View Post

#T3BE 153 - Early Answer for Patrons

Thomas analyzed this one exactly correctly, but went for the very tricky attractive distractor, (B), instead of the correct answer, (A).  Thomas is now 82-for-153 (53.6%).

LAM35: Bluff City Law

We watched this incredibly horrible steaming pile of bad law so you don't have to! Unless you want to get more of the jokes, then go ahead. 

OA333: Bonus Impeachment Coverage!

There was so much to discuss, we had to record an extra episode! 

OA332: Your Two New Best Friends, Bill Taylor and George Kent

Today's episode ran so long that we're going to give you a BONUS episode tomorrow.  What did we get through?  Well, we break down almost everything about the first day of televised public hearings in the House of Representatives' impeachment inquiry.  You absolutely, positively do not want to miss this!

We begin, however, with a plug for our favorite charity event of the year, 2019-11-15 04:50:58 +0000 UTC View Post

#T3BE 153 - End of an Era!

OA331: Patron Bonus! Federalist Society Hijinx

Since you fine patrons have already heard the live show, it's time for some bonus Andrew! Here's what's on the agenda for you beautiful, amazing, patrons:

1)  HLS Federalist Society demands "conservative clinics":   2019-11-12 05:00:20 +0000 UTC View Post

#T3BE 152 - Early Answer for Patrons

Thomas analyzed this question exactly correctly, eliminating (B) and (C), but sadly picked the remaining incorrect answer instead of the right one, (A).  Thomas is now 82-for-152 (53.9%).