Opening Arguments

In part one of this two-part episode, we tackle 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 … Continue reading OA23: Trump Presidency Legal Q and A, Part 1 → The post OA23: Trump Presidency Legal Q and A, Part 1 appeared first on Opening Arguments.

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 right, and is it cognizable as a side-constraint against government action?   At the end of the day, … Continue reading OA22: Libertarianism is Bad and You Should Feel Bad → The post OA22: Libertarianism is Bad and You Should Feel Bad appeared first on Opening Arguments.

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs By listener request, we are bringing you this special “deep dive” episode into the history and jurisprudence underlying the Second Amendment.  This episode was originally broadcast on Atheistically Speaking earlier in 2016. Just in time for the election, we tackle a thorny political issue: … Continue reading OA21: Second Amendment Masterclass, Part 1 → The post OA21: Second Amendment Masterclass, Part 1 appeared first on Opening Arguments.

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 brought in the United States District Court for the District of Oregon as a result of the armed takeover of the Malheur National … Continue reading OA20: What Happened With Ammon Bundy? SPECIAL EDITION → The post OA20: What Happened With Ammon Bundy? SPECIAL EDITION appeared first on Opening Arguments.

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 legacy of Snowden’s leaks,  how they played out in the Second Circuit’s decision in ACLU v. Clapper, 785 F.3d … Continue reading OA19: Should Edward Snowden Be Pardoned? → The post OA19: Should Edward Snowden Be Pardoned? appeared first on Opening Arguments.

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.  This week, we look at the … Continue reading OA18: You Be The Supreme Court, Part 3 → The post OA18: You Be The Supreme Court, Part 3 appeared first on Opening Arguments.

  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 deny Trinity Lutheran Church the … Continue reading OA17: You Be The Supreme Court, Part 2 → The post OA17: You Be The Supreme Court, Part 2 appeared first on Opening Arguments.

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 … Continue reading OA16: Dump Trump? → The post OA16: Dump Trump? appeared first on Opening Arguments.

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 … Continue reading OA15: #SaveTheInternet → The post OA15: #SaveTheInternet appeared first on Opening Arguments.

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 kind of cases make their … Continue reading OA14: You Be The Supreme Court, Part 1 → The post OA14: You Be The Supreme Court, Part 1 appeared first on Opening Arguments.

In this episode, we delve — at long last, and just in time for the first Presidential debate — into the question of Democratic Presidential candidate Hillary Clinton’s use of a private email server during her tenure as Secretary of State. In particular, we answer the question:  “did Hillary Clinton receive preferential treatment” when the … Continue reading OA13: Hillary Clinton’s Damned Emails! → The post OA13: Hillary Clinton’s Damned Emails! appeared first on Opening Arguments.

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 nobody has to pay their taxes or … Continue reading OA12: Tax Protesters, Sovereign Citizens, and Other Wackiness → The post OA12: Tax Protesters, Sovereign Citizens, and Other Wackiness appeared first on Opening Arguments.

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 Patreon support, we’ll now be answering a viewer question every episode!  In … Continue reading OA11: Abortion, Roe v. Wade, and the Constitution, Part 3 → The post OA11: Abortion, Roe v. Wade, and the Constitution, Part 3 appeared first on Opening Arguments.

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.)  And in our closing segment, we answer a question … Continue reading OA10: Abortion, Roe v. Wade, and the Constitution, Part 2 → The post OA10: Abortion, Roe v. Wade, and the Constitution, Part 2 appeared first on Opening Arguments.

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 Supreme Court decision … Continue reading OA9: Abortion, Roe v. Wade, and the Constitution, Part 1 → The post OA9: Abortion, Roe v. Wade, and the Constitution, Part 1 appeared first on Opening Arguments.

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 “motions to dismiss” are, and Thomas proves that he knows more about the … Continue reading OA8: You Won’t Have the Satanic Temple to Kick Around Any More, Part 2 → The post OA8: You Won’t Have the Satanic Temple to Kick Around Any More, Part 2 appeared first on Opening Arguments.

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 which arguments are more persuasive to him. Our opening segment … Continue reading OA7: You Won’t Have the Satanic Temple to Kick Around Any More, Part 1 → The post OA7: You Won’t Have the Satanic Temple to Kick Around Any More, Part 1 appeared first on Opening Arguments.

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 investigation into alleged performance enhancing drugs use by several of its star players, you’ll enjoy … Continue reading OA6: The Pending NFL Apocalypse (with Chris Kristofco) → The post OA6: The Pending NFL Apocalypse (with Chris Kristofco) appeared first on Opening Arguments.

Finally wrapping up their four-part discussion of the 2000 U.S. Presidential election, Andrew and Thomas follow the Gore campaign’s lawsuit as it goes to the Supreme Court.  How legitimate is Bush v. Gore?  Does it hold water?  Find out in this episode. Show Notes & Links The Supreme Court’s decision in Bush v. Gore, 531 U.S. … Continue reading OA5: Bush v. Gore and the 2000 Election, Part 4 → The post OA5: Bush v. Gore and the 2000 Election, Part 4 appeared first on Opening Arguments.

Continuing our discussion from OA3, Andrew lays the background for the most tumultuous Presidential election in modern American history, discussing the politics, history, and the legal background that led us to Bush v. Gore. Show Notes and Links Pres. Bill Clinton’s approval ratings, 1999-2000. Voting history for West Virginia, once a reliable Democratic stronghold. A … Continue reading OA4: The 2000 Election (#NeverForget), Part 3 → The post OA4: The 2000 Election (#NeverForget), Part 3 appeared first on Opening Arguments.