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Opening Arguments

OA295: A Bladensburg Post-Mortem With Monica Miller

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.33.7K Ratings

🗓️ 9 July 2019

⏱️ 65 minutes

🧾️ Download transcript

Summary

Today's episode welcomes Monica Miller, counsel for the American Humanist Association, back to the show! Miller, as you know, was the lead counsel and presented the AHA's argument before the Supreme Court in the American Legion v. American Humanist Ass’n case involving the 40-foot Latin cross on public property in Bladensburg, Maryland.

Andrew and Monica spend the entire show doing a deep dive into the decision, trying to figure out issues like (1) is the Lemon v. Kurtzman test really dead?; (2) how can we make sense of the court's admonition to "respect the beliefs" of those who oppose taking down the cross?; (3) how can local activists proceed in light of this decision, and much, much more!

After a wide-ranging interview, it's time for the answer to what Andrew has dubbed the Worst, Stupidest Bar Exam question -- this one involving the "equitable conversion" doctrine in the sale of land. Did Thomas somehow manage to get a crazy, stupid, awful real property question correct? Listen and find out!

Appearances

Andrew was just a guest host on Episode 100 of the Skepticrat; check it out! And if you’d like to have either of us as a guest on your show (or at your live show!), drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Don’t forget to vote for us in the Podcast Awards by clicking on that link (or heading to www.podcastawards.com), clicking the blue “>> Nominations Now Open <<” box, registering with your email, and then selecting us in the drop-down boxes for “People’s Choice” and “News and Politics.” Thank you!!
  2. We broke down the Bladensburg cross case in Episode 256, and interviewed Monica Miller after oral arguments in Episode 274; go check them both out!
  3. Finally, we broke down the details of the American Legion v. American Humanist Ass’n decision in Episode 290.

-Support
us on Patreon at: patreon.com/law

-Follow us
on Twitter:  @Openargs

-Facebook:
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don’t forget the OA Facebook Community!

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show-related questions, check out the Opening Arguments Wiki, which
now has its own Twitter feed!  @oawiki

-And
finally, remember that you can email us at openarguments@gmail.com!

Transcript

Click on a timestamp to play from that location

0:00.0

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0:02.3

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0:06.1

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0:15.0

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0:18.3

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0:20.1

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0:23.8

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0:30.0

So I hold myself in contempt if you try to pull me up here to court with that attorney.

0:38.4

I'll ask the questions here.

0:51.3

Car Jacka willy.

0:52.6

Objection.

0:53.6

I'm going to allow it at characterizes the defenders of car attackers.

0:56.6

You didn't kill Thompson, but you did Mr. Wells?

1:03.3

Yes!

1:04.3

Yes, I killed that Thompson!

1:06.3

I killed it!

1:07.3

I killed it!

1:08.3

I killed it!

1:09.3

I killed it!

1:10.3

You're out of order!

...

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