In this week's episode, we conclude our discussion of Planned Parenthood v. Casey, 505 U.S. 833 (1992), and how the "undue burden" test the Supreme Court developed in that case continues to govern laws protecting (and restricting) abortion today.
However, we begin with the moment you've all been waiting for: the answer to Thomas Takes the Bar Exam!, Question #2. Right now, Thomas is 1-for-1 in bar exam questions -- did he get it right again? Is he on his way to an h...
2016-12-16 07:47:47 +0000 UTC
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In this week's episode, we return to the subject of abortion and pick up with a cliffhanger from way back in episode #11, where Thomas was asked how he would have handled what became the Supreme Court case of Planned Parenthood v. Casey, 505 U.S. 833 (1992). We talk about that landmark decision, how it changed the law fom Roe v. Wade, and what its impli...
2016-12-14 05:35:17 +0000 UTC
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I love the fact that people submitted all four answers to us.
The correct answer was (C). Thomas is now 1-for-1 (100%) and ready to earn his law degree from Bovine University.
A contract typically requires three things: offer (which was made by the seller), consideration (something of value on both sides, which we obviously have here), and acceptance of all terms. This question was testing whether you need to affirmatively sign a contract, or whether you can sig...
2016-12-10 16:52:54 +0000 UTC
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This week's super-sized episode is literally jam-packed with five all-new segments for our listeners; six if you haven't heard both parts of the Second Amendment Masterclass already. And make sure you stay tuned all the way to the end for our exciting new segment!
First, you get an all-new introduction with new quotes, many of which were suggested by you, our listeners!
Second, we have some fun news about patron rewards and upcoming goodies.
<...
2016-12-07 06:21:45 +0000 UTC
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Behold the majesty of what you are about to receive. This is, hands down, the worst legal movie ever made. From the opening credits to the cheesy ending voice-over, literally everything this movie has to say about the law is completely and utterly wrong.
Yes, for our first Patreon movie reward, we suffered through all 2 hours and 34 minutes of The Firm (1993), which chronicles the amazing journey of Mitch McDeere (Tom Cruise), an I'm-no-idealist Harvard...
2016-12-01 05:30:40 +0000 UTC
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In this week's episode, we discuss the recent efforts by Jill Stein and the Green Party to raise funds for Presidential recounts in Wisconsin, Pennsylvania, and Michigan. Should you rush out and open your wallets to help raise funds for the Green Party?
"Breakin' Down the Law" returns with a discussion on court structure. If you're a little bit lost at all of Andrew's talk of the "Second Circuit of This" and the "Federal District Court of That," our segment should help clear all th...
2016-11-30 06:28:58 +0000 UTC
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In part two of this two-part episode, we continue to address every unique listener question posted to the Opening Arguments Facebook page relating to the impending Trump presidency.
So if you're wondering whether Trump will be impeached, if Obama can recess appoint Merrick Garland to the Supreme Court, about the future of the ACA, or what Trump's Supreme Court might look like -- well, this is (the continuatio of) the show for you.
Remember that patrons got early access to this show ...
2016-11-18 07:34:54 +0000 UTC
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This is part 1 of a 2 part series where Andrew answered every unique listener question we collected relating to the impending Trump presidency. Part 2 is next week but patrons will gain access to it early!
Support us on Patreon at: patreon.com/law
Follow us on Twitter: @Openargs
Facebook: 2016-11-16 05:57:46 +0000 UTC
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http://openargs.com/oa22-libertarianism-bad-feel-bad/
PLEASE PLEASE fill out a very brief survey for us!!!
https://survey.libsyn.com/openargs
In this week's episode, we tackle the legal and philosophical issues underlying libertarianism. We take on such issues as : what is "property," why is it a r...
2016-11-09 06:34:41 +0000 UTC
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http://openargs.com/oa20-happened-ammon-bundy-special-edition/
PLEASE PLEASE fill out a very brief survey for us!!!
https://survey.libsyn.com/openargs
In this special episode, we look at breaking news: the jury verdict in United States v. Ammon Bundy et al., a federal case brough...
2016-11-03 07:34:17 +0000 UTC
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http://openargs.com/oa19-edward-snowden-pardoned/
PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs
In this week's episode, we look at some of the interesting details surrounding the intentional release of classified materials by Edward Snowden. In particular, we looked at the...
2016-10-26 06:08:06 +0000 UTC
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http://openargs.com/oa18-supreme-court-part-3/
In this week's super-sized episode, we conclude our three-part role-playing experiment "You Be The Supreme Court," using an actual case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley.
Last time, we went through the State of Missouri Department of Natural Resources's response brief...
2016-10-19 04:25:10 +0000 UTC
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http://openargs.com/oa17-supreme-court-part-2/
In this week's episode, we return to our little role-playing experiment "You Be The Supreme Court," using an actual case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley.
Last time, we went through the Petitioner's brief seeking to overturn the lower court's decision to den...
2016-10-12 06:06:06 +0000 UTC
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http://openargs.com/oa16-dump-trump/
In this week's bonus episode, we tackle the breaking legal question of whether the RNC can legally replace Donald Trump as the Republican nominee for President, and if so, what the consequences would be. You don't want to miss this episode!
In our opening segment, we bring back a classic "Breakin' (Down) the Law" by examining whether President Trump (unlikely as th...
2016-10-10 05:53:02 +0000 UTC
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http://openargs.com/oa15-savetheinternet/
In this week's episode, we tackle a breaking legal issue: is Andrew's old law school buddy Ted Cruz correct that the U.S. government just "gave away the Internet?" (Hint: Ted Cruz is never right about anything.) We walk you through everything you could possibly want to know about #savetheinternet.
(If you're looking for Part 2 of "You Be The...
2016-10-05 06:14:25 +0000 UTC
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http://openargs.com/oa14-supreme-court-part-1/
In this episode, we try something a little bit different. Instead of simply analyzing a case, we let you play the role of Supreme Court Justice working your way through a difficult case that is currently pending before the Court: Trinity Lutheran Church of Columbia, Inc. v. Pauley.
You'll learn what kin...
2016-09-28 05:43:57 +0000 UTC
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http://wp.me/p7PK12-1R
In this episode, we delve -- at long last, and just in time for the first Presidential debate -- into the question of Demo...
2016-09-26 05:29:17 +0000 UTC
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Hi everyone! We have some exciting news!
This Monday, September 26, we're going to release a special episode of Opening Arguments to coincide with the first Presidential debate. Yes, that's right, we're going to resolve once and for all whether Hillary Clinton should have been indicted for the use of a private email server. We're very excited about this episode and we think it's coming at a pretty good time. Keep spreading the word about the show, and...
2016-09-22 16:46:12 +0000 UTC
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http://openargs.com/oa12-tax-protesters-sovereign-citizens-wackiness/
In this episode, we delve into the wacky world of tax protesters and "sovereign citizens," people who believe that the legal world is a magical place filled with secret code words that, if invoked properly, can force the Illuminati-run courts to admit you into the secret chamber where n...
2016-09-21 04:17:22 +0000 UTC
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There's a very weird argument circulating in right-wing circles this week that the Supreme Court has "held" that atheism is a religion. That's just not so. Thomas and I talk about that claim briefly on an upcoming episode of Jake Farr-Wharton's Imaginary Friends Show podcast, and I thought I would do another "deep dive" episode into the only two cases I can find that the right is apparently quote-mining for this rather crazy argument.
Show Notes & Links
- 2016-09-17 22:31:41 +0000 UTC
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http://openargs.com/oa11-abortion-roe-v-wade-constitution-part-3/
In this week's hour-length episode, we finally conclude our three-part discussion of abortion and defending the jurisprudence behind the Supreme Court's 1973 opinion in Roe v. Wade... only to leave you with another cliffhanger and a topic for a future show. (Bingo!)
Also, given our Patre...
2016-09-14 05:26:51 +0000 UTC
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Andrew loves you guys so much he wanted to give you even more content! Here's some bonus solo-Andrew content on privacy and whether or not it is in the constitution!
2016-09-10 19:42:29 +0000 UTC
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http://openargs.com/oa10-abortion-roe-v-wade-constitution-part-2/
Our discussion of abortion continues as we walk through the Supreme Court's opinion in Roe v. Wade and its aftermath.
In our first segment, "Closed Arguments" continues with a look at whether you should call your law professor by her first name. (No. No, you should not.) &n...
2016-09-07 05:44:10 +0000 UTC
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http://openargs.com/oa9-abortion-roe-v-wade-constitution-part-1/
In Episodes 7 and 8, we discussed a recent decision by a federal court in Missouri dismissing a lawsuit brought by the Satanic Temple challenging certain Missouri laws that arguably restrict abortion rights. In this episode, we take a step back and look at the right to abortion itself and the sometimes-controversial Sup...
2016-08-31 04:23:30 +0000 UTC
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http://openargs.com/oa8-you-wont-have-the-satanic-temple-to-kick-around-any-more-part-2/
In this episode, we wrap up the recent decision by the United States District Court for the Eastern District of Missouri dismissing a lawsuit brought by the Satanic Temple challenging several laws relating to getting an abortion in Missouri. Andrew tells you what "mot...
2016-08-25 02:44:11 +0000 UTC
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http://openargs.com/oa7-you-wont-have-the-satanic-temple-to-kick-around-any-more-part-1/
In this episode, we look at a recent lawsuit filed by the notorious Satanic Temple challenging abortion restrictions in the state of Missouri. In the main segment, Andrew tells you how to read a Complaint, and Thomas offers advice to the Satanic Temple's lawyers about whic...
2016-08-25 02:07:00 +0000 UTC
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http://openargs.com/oa6-the-pending-nfl-apocalypse-with-chris-kristofco/
In this week's episode, Andrew sits down in the interviewer's chair and talks with Chris Kristofco, another real lawyer and the lead editor at Title Town Sound Off, a Green Bay Packers fan site.
If you've been following the NFL's invest...
2016-08-25 02:01:14 +0000 UTC
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http://openargs.com/oa3-bush-v-gore-and-the-2000-election-part-2/
Andrew and Thomas continue their discussion of the 2000 U.S. Presidential election, moving from resurrecting long-dead jokes about "hanging chads" to explaining how the legal challenge that could determine the Presidency began in a tiny county courthouse in Florida.
Show Notes & Links
- The Supreme Cou...
2016-08-25 01:50:13 +0000 UTC
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