April 23, 2018

Listen to the Episode

From The Official Website:

Today’s episode tackles the recent (and shocking) Supreme Court decision in which Neil Gorsuch voted with the Court’s liberal justices to produce a very unusual 5-4 alignment. Is this a sign that Gorsuch isn’t the right-wing hack we all thought he was? Listen and find out! (Hint: No.)

After that, we break down the 6th Circuit’s recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., the first decision of its kind recognizing that discrimination on the basis of an individual who is transgender or transitioning violates Title VII of the Civil Rights Act of 1964.

After that, we answer a listener question about selecting a contingent fee attorney and discuss some of the actual pitfalls as well as misconceptions about those lawyers who take “no money down!”

Finally, we end with the answer to Thomas Takes the Bar Exam Question #72 about real property and the transfer of a deed. Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Show Notes & Links

  1. We first warned you about Neil Gorusch way back in Episode 40, and we’re definitely not backing down now. If you want to check out his concurrence, you can click here to read the Supreme Court’s decision in Sessions v. Dimaya. And, as we discussed on the show, the should-have-been-straightforward holding of this case stems directly from the Court’s prior opinion in Johnson v. United States.
  2. You can read the 6th Circuit’s recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., and for more coverage of Title VII, check out our discussion of Hively v. Ivy Tech from Episode 60, as well as our most recent update in Episode 152.

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies
Magic Law Words




  • [00:00:00] Intro
  • [00:03:00] How to run an add on the show
  • [00:03:55] Are You a Cop In Sessions v. Dimaya Gorsuch sides with the liberal justices
    • [00:07:15] Johnson v. United States and 18 U.S.C. § 924(e)(1)
    • [00:12:01] 8 U.S.C. § 1227(a) and 18 U.S.C. § 16 in Sessions v. Dimaya Gorsuch
    • [00:17:40] Case breakdown and Vagueness Doctrine
  • [00:27:10] Main Segment: EEOC v. R.G & G.R. Harris Funeral Homes, Inc.
    • [00:29:22] Hively v. Ivy Tech outcome
    • [00:31:30] Details of the case
    • [00:33:50] Outcome
  • [00:37:20] Fair Education Act from California has shown up in Illinois
  • [00:41:30] Listener Questions How do you find a lawyer that works on a contingency basis
  • [00:50:45] New Patron Tuesday
  • [00:52:55] Thomas Takes the Bar Exam Real property and the transfer of a deed answer
  • [01:00:45] Outro