July 30, 2018

Listen to the Episode

From The Official Website:

Today's episode tells you everything you need to know about voting, including in particular West Virginia's "Sore Loser" law and whether it applies to big fat racist criminal loser Don Blankenship… and, in turn, what that means for Joe Manchin's chances of holding on to his Senate seat in the 2018 midterms. Phew!

We begin, however, with… *sigh*… Andrew Was Wrong. This time, an astute listener clarifies where Andrew elided over two different sections of the Voting Rights Act when discussing the Supreme Court's opinion in Shelby County v. Holder (2013).

Oh, and we have more on McDonald's, too! After that, it's time to dig into West Virginia's "sore loser" law. What does this mean for the upcoming Senate elections? Listen and find out!

Then, the guys tackle a very good listener question from listener Greg regarding freedom of the press, freedom of speech, limited public fora, and more.

Finally, we end the answer to Thomas Takes The Bar Exam #86 regarding the sale of an automobile and a slippery salesman. Remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Show Notes & Links

  1. Don't forget to tune in to our live Q&A this Tuesday, 7/31, at 7 pm Eastern / 4 Pacific. And, of course, participate in the questions thread!
  2. We most recently discussed the Voting Rights Act and Shelby County v. Holder back in Episode 188.
  3. If you want to know more about big fat racist criminal loser Don Blankenship, heck, you could start with his Wikipedia page. He's not shy about being a big fat racist criminal. (He does not yet grasp that he's a loser, though.)
  4. We cited two provisions of the West Virginia Code: W. Va. Code §§ 3-5-7(d)(6) and 3-5-23.
  5. And just in case you've forgotten how conservative Patrick Morrisey is, here's the quote he gave to CBS news.

Law Talkin' Stuff

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






  • [00:00:00] Intro
  • [00:04:31] Andrew was Wrong: Correction about a previous comment about the Voting Rights Act when discussing the Supreme Court's opinion in Shelby County v. Holder
  • [00:14:35] Comment about the McDonald's lawsuit from a McDonald's manager
    • [00:17:25] Thomas references Comedy Shoe Shine where he talks about McDonald's
  • [00:22:18] *Main Segment*: "Sore Loser" laws in West Virginia
    • [00:23:07] About Joe Manchin
    • [00:25:20] About Don Blankenship
    • [00:31:50] Does West Virginia have a "Sore Loser" law, and, if so, does it apply here?
    • [00:39:55] Political Question Doctrine
  • [00:40:39] Commercial
  • [00:42:25] Listener Questions: Was banning a CNN report a violation of freedom of the press or freedom of speech ?
  • [00:48:55] New Patron Tuesday
  • [00:51:50] Thomas Takes The Bar Exam: Buying a car from a lying car salesman (answer)
  • [00:59:10] Outro

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)