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🗓️ 11 October 2021
⏱️ 72 minutes
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0:00.0 | Welcome to the advisory opinions podcast. This is David French with Sarah Isger and we've |
0:09.3 | got a lot, a lot. We're going to cover today not a lot of Supreme Court stuff. Well, you |
0:15.7 | know, we're going to debunk or convey the debunking of a Supreme Court conspiracy theory, |
0:21.1 | but lots of interesting stuff nonetheless. The fifth circuit has for the moment weighed |
0:26.9 | in again on the SBA the Texas abortion law. We're going to deal with the question of executive |
0:33.3 | privilege, President Trump in January 6th as the January 6th Commission subpoenas are going |
0:38.3 | out. We're going to talk about how Mother Jones, yes, you read that correctly. I mean, heard |
0:44.8 | that correctly. Mother Jones debunked a Kavanaugh conspiracy theory about his finances, just |
0:51.6 | as Kavanaugh, and then we're going to wind up with a crazy clemency story that I just |
0:59.6 | find fascinating, but let's start with the fifth circuit and Sarah, you were right and |
1:06.8 | you are wrong. You were right. Yes. Explain your rightness and wrongness. |
1:13.8 | So on Friday night, the fifth circuit in fact did stay that district judges stay of the |
1:26.2 | Texas law. So basically that district judge in Austin, if you remember, enjoyed the Texas |
1:31.1 | law going into effect or being in effect and simply said Texas, you figure out who you |
1:37.3 | need to enjoy, not my problem. A three judge panel, the fifth circuit on Friday night granted |
1:47.3 | their emergency administrative stay pending the court's consideration of the emergency |
1:54.3 | motion, which they will do tomorrow, Tuesday. So that's sort of interesting. So this is |
2:00.1 | a short term stay, which leaves the Texas law in effect over the weekend and currently. |
2:07.8 | So basically, the Texas law was not in effect for about two days last week, and it's back |
2:15.2 | into effect now. And then we will see you later this week. Interestingly, David, the |
2:19.8 | three judges on the panel were unanimous, and they are the in some ways three least likely |
2:25.0 | judges to be unanimous on the fifth circuit judges steward, Haynes and Ho. They are the |
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