October 1, 2018

Listen to the Episode

From The Official Website:

Today’s Kavanaugh-free episode is a classic, three-story, Deep Dive Tuesday into (1) a recent free speech case involving protesters at a Trump rally; (2) the status of Trump’s efforts to ban trans service personnel from the military; and (3) whether Trump can unilaterally abrogate NAFTA. Strap in — it’s going to be a long ride!

We begin with an examination of Nwanguma v. Trump at both the district court level and the recent decision from the 6th Circuit. Should protesters be allowed to sue Trump and his campaign staff for incitement to riot? Listen and find out!

After that, we examine the status of Trump’s latest (Mar. 23, 2018) order on trans personnel in the military. Is there… good news out of the Ninth Circuit??!?

Then, we check out the history of presidential withdrawals from treaty obligations, a case involving a former Presidential candidate (Barry Goldwater) versus a sitting President (Jimmy Carter), and Donald Trump’s constant claims that he can abrogate the North American Free Trade Agreement. Is any of this true? The answer almost certainly will surprise you!

Finally, we end with Thomas Takes the Bar Exam Question #95 regarding the Congressional delegation of rule-making authority to the Forest Service.

Show Notes & Links

  1. If you want to check out our Kavanaugh patron-only special, sign up here and then click here for the bonus download!
  2. You can read the Nwanguma v Trump district court decision as well as the decision by the 6th Circuit.
  3. Click here to read Trump’s latest (Mar. 23, 2018) order on trans personnel in the military, and here is you want to check out the Ninth Circuit’s stay order.
  4. On NAFTA: you can read the NAFTA treaty itself (including Art. 2205), the NAFTA Implementation Act, and you’ll definitely enjoy perusing Goldwater v. Carter, 444 U.S. 996 (1979).

Law Talkin' Stuff

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




  • [00:00:00] Intro
  • [00:04:50] Deep Dive: Nwanguma v. Trump
    • [00:07:30] The trail courts two questions
    • [00:12:15] Three part test for an incitement to riot
    • [00:16:00] 6th circuit outcome
    • [00:20:40] Andrew's view on the outcome
    • [00:24:20] What they pled
  • [00:26:36] Commercial
  • [00:28:20] Trans military ban
    • [00:32:20] What the new order states
    • [00:33:45] 9th circuit opinion
  • [00:38:10] NAFTA
    • [00:39:50] Two questions here
    • [00:40:15] Article 6 section 2
    • [00:41:55] Goldwater v. Carter
    • [00:48:15] Two specific components
  • [00:58:20] New Patron Tuesday
  • [01:00:00] Thomas Takes the Bar Exam: Evidence question about hearsay (answer)
  • [01:09:00] 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.)