July 12, 2018

Listen to the Episode

From The Official Website:

Today’s Rapid Response Friday does not take a victory lap about our successful prediction that Brett Kavanaugh would be Donald Trump’s next nominee to the Supreme Court (but seriously, we called that right, y’all.) Instead, Andrew and Thomas break down some of the current stories surrounding Kavanaugh to separate fact from fiction and try and articulate the best mainstream case against confirming Kavanaugh to the Supreme Court.

In the pre-show, we give a shout-out to everyone who made the Opening Arguments Wiki possible — go check it out! It’s amazing!

After that, Andrew Was Wrong returns with a clarification from Episode 187 where Andrew misspoke. And also, the guys have a slight laugh at Andrew’s inability to pronounce locations of things.

The main segment tackles a bunch of current stories surrounding Judge Kavanaugh, including: (1) the allegation that Judge Kavanaugh has concluded that sitting Presidents can’t be indicted; (2) the Yale open letter opposing his nomination; (3) a truly stupid article in The Hill arguing for a lawsuit to block Kavanaugh; (4) the potential conflict of interest with Kennedy’s retirement; and (5) the notion of “packing the Court” in 2020. Phew!

Next, Andrew gives us an eight-second sneak peek at a court’s refusal to permit the Trump administration to modify the Flores settlement and why that’s good news.

Finally, we end with an all new Thomas Takes The Bar Exam #83 involving spousal privilege.

Show Notes & Links

  1. For starters, here is the Tweet from Alexandria Ocasio-Cortez we criticized, along with the pretty funny humor piece from Andy Borowitz.
  2. You should definitely read Kavanaugh’s 2009 Law Review article “Separation of Powers During the Forty-Fourth Presidency and Beyond” in the Minnesota Law Review.
  3. This is the Yale Open letter.
  4. This is the dreadful Ken Levy article in in The Hill that Andrew debunks.
  5. These are the actual Senate Rules, and remember that we broke down the “nuclear option” way back in Episode 59.
  6. On Anthony Kennedy’s negotations, check out Rule 3(C)(1) of the Code of Conduct for U.S. Judges, which we previously discussed in Episode 129.
  7. As homework for next week, read the Court’s order denying the Trump Administration’s request to modify the Flores settlement, which we first covered in Episode 184.
  8. Finally, NEVER ENDING FAME AND FORTUNE goes to:Paul Duggan, Zach Aletheia, Eric Brewer, Teresa Gomez, Andrew Hamilton, Robin Hofmann, and Beverly Karpinski-Theunis for creating the OA Wiki!

Law Talkin' Stuff

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





  • [00:00:00] Intro
  • [00:01:55] The Opening Arguments Wiki is Introduced
  • [00:04:25] Andrew and Thomas's Recent and Future Appearances
  • [00:05:45] Andrew Was Wrong: Mispronouncing Olathe, Kansas
    • [00:07:05] Andrew Misspoke in OA187 about Master Piece Cake Shop
  • [00:09:50] Main Segment: Brett Kavanaugh
    • [00:12:10] Swing Votes
    • [00:18:95] Janus v. Afscme
    • [00:23:25] Arguments to Avoid
    • [00:30:00] Kavanaugh's Speech
    • [00:32:05] Commercial
    • [00:33:32] Back to the Speech
    • [00:39:45] The Hill Article
    • [00:44:50] Anthony Kennedy Negotiating with Trump
    • [00:49:00] Slowing Things Down
    • [00:52:18] Court Packing
    • [01:02:10] How to Fight Kavanaugh
    • [01:07:37] Flores Settlement
  • [01:08:58] Patron Hall Of Fame:
  • [01:14:37] Thomas Takes The Bar Exam: Spousal Privilege (question)
  • [01:19:18] Outro