December 31, 2018


Listen to the Episode


From The Official Website:

Today’s special, hangover-free New Years’ episode follows up on some of the things we discussed during our Episode 238 interview with Matt Donnelly of the Ice Cream Social podcast, including the never-controversial subject of libertarianism. Strap in; it’s been an interesting year!

We begin with a listener question from Ricardo, who asks some follow-up questions to our original hot take on libertarianism waaaaaay back in Episode 22. Is there a robust theory of property rights that serves as a side-constraint on government action? You’ll have to listen and find out! (Hint: no.)

After that, Andrew further explains the “Are You A Cop?”-style segment from Episode 238 regarding whether Brett Kavanaugh “voted with the liberals” in an abortion case. (Hint: no.) You’ll figure out all you need to know about the Supreme Court’s denial of certiorari in Gee v. Planned Parenthood and Andersen v. Planned Parenthood… as well as getting a deep dive into Clarence Thomas’s dissent and an explainer on the Medicaid Act, 42 U.S.C. § 1396a!

After all that, it’s time for the answer to Thomas (and Matt) Take The Bar Exam #107 regarding defamation.

Show Notes & Links

  1. Check out Matt & Mattingly’s Ice Cream Social podcast!
  2. We first discussed libertarianism back in Episode 22.
  3. You can click here to read Clarence Thomas’s blistering (and inaccurate) dissent from the Court’s denial of cert in the Planned Parenthood cases; click here to check out 42 USC § 1396a(a)(23), the statute at issue; and click here to read the Washington Examiner article discussed on the show.

Law Talkin' Stuff

Lawsplaining
Law Court Thingies

Organizations

People

Topics


Content

  • [00:00:00] Intro
  • [00:04:25] Listener Questions: Central libertarian tenant of property rights
    • [00:09:45] Taxation is theft and side constraint
    • [00:12:00] Owning your labor
    • [00:15:30] The philosophical response
    • [00:29:20] Universal Basic income
  • [00:32:40] Are You A Cop?: Washington Examiner article
    • [00:38:00] What could you do with these cases?
    • [00:40:15] What the law says
    • [00:44:30] Clarence Thomas’s dissent
    • [00:54:05] Future outcomes
  • [00:54:15] New Patron Tuesday
  • [00:55:30] Thomas Takes The Bar Exam: Defamation (answer)
  • [01:02:35] 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.)