June 05, 2018

Listen to the Episode

From The Official Website:

Today’s episode takes a deep dive into two developments concerning the right to an abortion in the U.S., followed by our continuing discussion on plea bargaining with listener comments from prosecutors, public defenders, the U.S. judiciary, and even international listeners. You won’t want to miss it!

We begin with an in-depth examination of the so-called “gag rule” just proposed by Trump’s Department of Health and Human Services. Is it really a gag rule? (Yes.)

After that, we look into the Supreme Court’s recent decision not to grant certiorari in Planned Parenthood v. Jegley, allowing an 8th Circuit decision to stand that, in turn, denied a preliminary injunction blocking a restrictive Arkansas abortion law, HB1394. Is this a bad sign (Yes.)

After that, we return to the subject of plea bargaining that’s been a hot topic in our inbox for weeks, capped off by the Iowa Supreme Court’s discussion of the issue in Schmidt v. Iowa.

Finally, we end the answer to Thomas Takes The Bar Exam #78 regarding whether the jury can read a treatise on mill grinding.

Show Notes & Links

  1. For context on the Trump HHS gag rule, you can read Title X, 42 USC § 300 et seq.
  2. Planned Parenthood v. Jegley, 864 F.3d 953 (8th Cir. 2017), denied a preliminary injunction, allowing HB1394 to take effect. You can read the cert petition here.
  3. If you’re feeling good about Schmidt v. Iowa and need to be reminded that “actual innocence” is not a ground for federal habeas corpus relief, check out Herrera v. Collins, 506 U.S. 390 (1993).

Law Talkin' Stuff

Law Court Thingies
Magic Law Words






  • [00:00:00] Intro
    • [00:01:30] Breaking news about who Trump might pardon next.
  • [00:04:58] Breakin' (Down) the Law: Gag Rule - What it covers, how it applies, whats going to happen, and what we can and can't do about it (Title X, 42 USC § 300)
    • [00:08:47] Abortion can not be included as an option in family planning
    • [00:11:27] Eliminates previous standards
    • [00:12:07] Facility requirements and the conclusion
    • [00:16:17] Arkansas HB1394
    • [00:21:58] Citation about deaths from complications after taking Mifeprez
    • [00:22:12] Physician contract and admitting privileges
    • [00:24:00] Injunctive relief standards
    • [00:25:03] Planned Parenthood v. Jegley
    • [00:26:25] Petition for Certiorari
    • [00:29:50] Conclusion
  • [00:33:20] Listener Questions: Plea Bargaining
    • [00:34:29] Thomas raves about Vancouver, Washington
    • [00:35:10] Federal Sentencing Guidelines
    • [00:38:35] Listener Comment about Plea Bargaining International
    • [00:41:36] Listener Comment from a former New York Prosecutor
    • [00:43:35] Listener Comment from a judicial clerk
    • [00:45:25] Schmidt v. Iowa
  • [00:52:58] New Patron Tuesday
  • [00:55:00] Thomas Takes The Bar Exam: Evidence Question - answer
  • [01:01:16] Outro