OA597: 5th Circuit Tells SCOTUS Hold My Beer
Opening Arguments
Opening Arguments Media LLC
4.3 • 3.7K Ratings
🗓️ 20 May 2022
⏱️ 71 minutes
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Summary
The 5th Circuit has never been in the top 10 circuits in terms of not being insane, but now it has gone even more off the rails. Andrew takes us through the deep dive on a terrible decision that will decimate the SEC's ability to do anything, and why the logic will be applied elsewhere. Before that, a quick update on how much Elon Musk sucks and has completely blown it with the Twitter deal. And a quick word on primaries.
Links: Twitter says it will 'enforce' Elon Musk's $44 billion acquisition deal, 28Patriot” v. SEC, 15 US Code § 78u–2 - Civil remedies in administrative proceedings, Jellum & Tincher, “The Shadow of Free Enterprise”, Are the SEC's Administrative Law Judges Biased? An Empirical Investigation, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S.Ct. 1365 (2018), Summary of Administrative Law Judge Responsibilities
Transcript
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| 0:00.0 | The Magna Carter. Carter, meaning quite literally charter, a magna, meaning Japanese animation. |
| 0:18.3 | Oh, come on! A good lawyer couldn't win this case! |
| 0:23.2 | There's this vampire larvae also have a local vampire here on the council this evening, Colin Covenson. |
| 0:28.8 | Hello! |
| 0:32.4 | I was a possible that you've never heard about James Simpson. |
| 0:35.6 | Well, as I explained, I just awoke from a 22-year coma and was driven directly from the hospital to this courthouse. |
| 0:45.2 | You had no idea what to report meant, and when I asked you to explain to six the amendment, you pled the fifth. |
| 0:49.6 | I know my rights. No, you don't! That's the problem. |
| 0:52.5 | Welcome to Opening Arguments, a podcast that pairs a comedian with a real-life lawyer. |
| 0:59.9 | This podcast is sponsored by the law offices of P Andrew Torres LLC for entertainment purposes, |
| 1:04.9 | is not intended as legal advice and does not form an attorney-client relationship. |
| 1:09.3 | Don't take legal advice from a podcast. |
| 1:11.7 | Hello and welcome to Opening Arguments. This is Episode 597. Wow, closing in on 600. |
| 1:24.0 | Jeez, I think that probably means we need new intro quotes. |
| 1:28.3 | I think it does. |
| 1:29.5 | I post up there. How's it going, Andrew? |
| 1:31.3 | It's going okay. How's it going with you? |
| 1:33.3 | Oh, going great. Except not really. The news is pretty weird today. |
| 1:37.2 | I'm really looking forward to your breakdown. I think the fifth circuit is like your new arch-nemesis. |
| 1:43.1 | Yeah, this is absolutely an origin story episode. We get to hear how the fifth circuit was bitten by |
| 1:50.7 | a radioactive vat of acid or something like that. They've become a supervellant and opening arguments |
| 1:57.2 | is the only thing that can stand in their way. So, yes, there you go. |
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