TTTBE #134: Full Question Text for Patrons!
Today's episode welcomes Monica Miller, counsel for the American Humanist Association, back to the show! Miller, as you know, was the lead counsel and presented the AHA's argument before the Supreme Court in the American Legion v. American Humanist Ass’n case involving the 40-foot Latin cross on public property in Bladensburg, Maryland.
Andrew and Monica spend the entire...
2019-07-09 04:13:45 +0000 UTC View Post
Well, this was a stupid, pointless bar exam question, and sadly, Thomas didn't know the pointless doctrine of equitable conversion. As we'll explain on the show, this is of literally zero importance to anyone, anywhere. But it counts in the standings, so Thomas is sadly now 75-for-133 (56.4%).
2019-07-07 23:00:00 +0000 UTC View Post
Today's episode reveals Andrew's plan for how to fix the Supreme Court! Oh, and while you're here, we'd love it if you would vote for us in the Podcast Awards by clicking on that link (or heading to www.podcastawards.com), clicking the blue ">> Nominations Now Open <<" box, registering with your email, and then selecting us in the drop-down boxes for "People's Choice" and "News and Politics." Thank ...
2019-07-05 05:51:27 +0000 UTC View PostWe're almost at lucky episode #300, and you know what that means: it's time to change around the opening quotes!
Post your best clips here. Please include the timestamp in the URL, and please limit each clip to 15 seconds or less. And of course, please up-vote with the heart the clips you'd like to hear on the show.
2019-07-03 19:00:02 +0000 UTC View PostSorry you couldn't make it, maybe next time! But enjoy this HQ audio!
2019-07-03 04:57:44 +0000 UTC View Post
Today's episode revisits a narrow area of administrative law we last discussed in Episode 266, namely, Auer deference. Andrew made a bold prediction in that episode, and find out where he was wrong -- and where he was right now that the Supreme Court has ruled in 2019-07-02 03:15:35 +0000 UTC View Post
Thomas analyzed this question exactly correctly, narrowing the question down to either (A) or (D) based on whether owning snake exposes you to strict liability. Ultimately, Thomas chose (A), which means that he's now 75-for-132 (56.8%).
2019-06-30 21:00:02 +0000 UTC View Post
Today's rapid response episode breaks down the latest decisions from the Roberts court, including the ostensible "win" in Dep't of Commerce v. Ross (the citizenship question case), and the crushing loss in Rucho v. Common Cause (the gerrymandering cases). Oh, and along the...
2019-06-28 03:18:31 +0000 UTC View PostUPDATE: The Q&A will be Tuesday, July 2 at 4:00 pm Pacific / 7:00 pm Eastern!
It's just about that time again, so here's the thread for all of your AMA questions. You know the drill: up-vote with the heart the ones you most want to see answered!
2019-06-26 19:16:32 +0000 UTC View Post
Today's episode takes a deep dive into executive privilege, evaluating the legal arguments being raised by the Trump administration asserting executive privilege over former communications director Hope Hicks and former counsel Don McGahn. Find out how good those arguments are -- spoiler: some aren't terrible! -- and what's next for the Congressional Democrats.
First, though, we begin with coverage of the 2019-06-25 02:53:37 +0000 UTC View Post
Thomas was so close on this one, almost going with (D) before settling on (A). He's now 75-for-131 (57.3%).
2019-06-23 22:00:01 +0000 UTC View PostWe were able to rewire the limited-use time machine to allow our fine patrons to hear episode 291 early! So early, in fact, that 290 hasn't even happened yet and Andrew Taurus hasn't even written show notes. We hope you enjoy! It's a wildcard, deep dive style episode.
2019-06-21 19:08:29 +0000 UTC View Post
Today's episode -- #OpposeJustinWalker -- tells you everything you need to know about Donald Trump's latest nominee for a lifetime appointment to the federal bench (and Andrew's former debate opponent) Justin Walker. You already know he's a lifelong member of the Federalist Society. Why is it specifically worth opposing him? Listen and find out!
First, though, the guys break down the 2019-06-21 02:38:45 +0000 UTC View Post
Sam from Comedy Shoeshine is back to help us out with our THIRTIETH LAM! Crazy. This month we've got Identity: a master course in Multiple Personality Law, which is a thing that doesn't exist about a thing that barely exists. Also he was a ghost the whole time and he was both the dudes in Fight Club. Did you see it coming? BUSEY.
2019-06-18 23:17:17 +0000 UTC View Post
Today's episode explains exactly what happened with the story you probably saw about how Led Zeppelin "got a new hearing" in their lawsuit with the estate of Randy California. What's going on? Listen and find out! We also break down the latest ethical wrangling over Yale law professor Amy Chua and Brett Kavanaugh. Is it as bad as everyone says?
We begin with the tale of "Tiger Mom" Amy Chua, the Yale law professor who wrote a stirring defense of Brett Kavanaugh a...
2019-06-18 03:42:22 +0000 UTC View Post
Thomas's first instinct was exactly correct -- (A)! Despite dallying with (D), he went with his gut and was rewarded for it. Thomas is now 75-for-130 (57.7%) and on a two-question winning streak.
2019-06-16 22:00:01 +0000 UTC View Post
Today's Rapid Response Friday covers all of the breaking developments this week, including a ruling from the Wisconsin Supreme Court, the latest news out of the House of Representatives, and the Office of Special Counsel's latest request that Donald Trump should fire Kellyanne Conway for "flagrant" serial violations of the Hatch Act. What does all that mean? Listen and find out!
We begin by revisiting the state of Wisconsin, where Republicans in gerrymandered-safe seat...
2019-06-14 03:10:47 +0000 UTC View Post
Today's episode takes a deep dive into recent developments following the death of Republican operative Thomas Hofeller -- the architect of the REDMAP -- that may impact the census question case currently pending before the Supreme Court, Department of Commerce v. New York.
First, however, we begin with an Andrew Was Wrong about the 2006 midterm elections and the Pension Protection Act. That was, in fact, a Democratic wave year -- but the PPA was passed in August, nearly f...
2019-06-11 04:22:44 +0000 UTC View PostYou heard me correctly! Fans of Scathing Atheist, Godawful Movies, the Skepticrat, and Citation Needed, will recognize: Heath Enwright, someone named Anne, Eli Bosnick, Tim Robertson, Noah Lugeons, Lucinda Lugeons, and Anna Bosnick, who all tried to answer this week's TTTBE question in an effort to maybe replace Thomas? Or help him out? It's not clear in the bit. But anyway, hilarity and legal education ensued!
2019-06-10 06:54:12 +0000 UTC View Post
Thomas missed the core of the question -- on the differences between (i) comparative and contributory negligence and (ii) pro rata versus joint and several allocation -- but wound up with the right answer anyway. Hey, sometimes you get the bear and sometimes the bear gets you.
Interestingly, I think the textbook's analysis on (A) is wrong here; I can't see how you get to $30,000 for the driver. So Thomas was also right on that elimination.
Thomas is now
Here's your special ticket to the Puzzle in a Thunderstorm pajama party!
2019-06-09 03:30:01 +0000 UTC View PostHey OA patrons - watch this space TONIGHT at 8:30 pm Pacific / 11:30 Eastern for a special link and backstage pass to the second half of the Puzzle in a Thunderstorm pajama party!
2019-06-08 19:08:03 +0000 UTC View Post
Today's instant-breaking episode takes a look at the significance of Lt. Gen. Michael Flynn's decision to fire his lawyers, Andrew's buddies over at Covington & Burling. Oh, and we also take a semi-deep-dive into President Trump's decision to impose tariffs on "all goods" imported from Mexico. What does it all mean? Listen and find out!
We begin, however, with a slight preview of next week's show, which will break down the impending tariffs on goods imported from M...
2019-06-07 03:34:36 +0000 UTC View Post