October 25, 2018

Listen to the Episode

From The Official Website:

Today’s Rapid Response Friday takes us back to a well-worn trope here at OA that we can’t emphasize enough in late October: elections have consequences! Specifically, we take a look at the importance of past and future elections in the pivotal swing state of Florida.

We begin, however, with a quick statement on the Trump administration’s apparently-leaked policy regarding trans people and some new developments.

After that, it’s time for the ever-popular Andrew Was Wrong segment, with two things that.. well, Andrew got wrong: Whitewater and Paul Manafort (!)

Then it’s time for a deep dive into the Florida Judicial Nominating Commission and various constitutional amendments that are on the ballot this November, including one that takes a swipe at our favorite doctrine.

But that’s not all! We move on to discuss 202 Democratic Presidential Candidate Michael Avenatti. It’s not pretty.

Finally, we end with an all new Thomas Takes The Bar Exam #99 regarding criminal procedures. After getting it wrong last week, Thomas needs to go 2-for-2 to get to the coveted “60% at the half” — can he do it?!??

Show Notes & Links

  1. For more on the history of jury sentencing at the state level, check out this 2011 law review article by Melissa Carrington that’s well worth a read.
  2. Click here to read the Tampa Bay Times article suggesting that the next court nominee is going to be a conservative regardless of the election; here for the official Florida government website describing how the JNC is selected; and here for an in-depth discussion of the history of the changes to that process.
  3. This is Detzner v. Anstead, the Florida Supreme Court decision we discussed regarding bundled amendments, and you can click here to read the text of the proposed Florida amendments.
  4. Click here to read the Grassley referral of Avenatti and Sweatnick to the DOJ. And we broke down the Avenatti-Frank lawsuit first in OA Episode 181.

Law Talkin' Stuff

Law Court Thingies
Magic Law Words





  • [00:00:00] Intro
  • [00:03:00] Redefining sex under Title IX
  • [00:12:50] Andrew Was Wrong: Whitewater
    • [00:17:30] Juries' role in sentencing in Federal Court
  • [00:20:45] Main Segment: Florida Judicial Nominating Commission
  • [00:26:07] Commercial
    • [00:28:52] Current Florida Supreme Court composition
    • [00:33:00] How to evaluate judicial candidates
    • [00:39:05] Bundled Amendments (Detzner v. Anstead)
      • [00:45:40] Amendment 6
  • [00:52:50] Commercial
  • [00:55:48] Michael Avenatti's Debt
    • [01:03:45] Kavanaugh accuser
  • [01:12:08] Patron Hall of Fame
  • [01:20:15] Thomas Takes the Bar Exam: Criminal procedure; Motion to suppress evidence (question)
  • [01:26:00] 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.)