OA62: The Supreme Court's Hall of Shame

Opening Arguments

Opening Arguments Media LLC

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4.3 • 3.7K Ratings

🗓️ 21 April 2017

⏱️ 69 minutes

🔗️ Recording | iTunes | RSS

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Summary

In this episode, Andrew goes through five of the worst, most embarrassing cases in Supreme Court history. First, though, the guys tackle a question from Scott, who's considering becoming a patron of the show (good!) but has some questions about a standard form indemnification clause in the Patreon agreement. In the main segment, we look at the worst of the worst in Supreme Court history. From the embarrassingly racist to the embarrassingly activist, come visit the Supreme Court's "Hall of Shame" with Andrew and Thomas. After that, fan favorite Breakin' Down the Law returns with an examination of a new mandatory arbitration provision for civil cases in Cook County, Illinois. Finally, we end with a brand new Thomas Takes the Bar Exam question #20. Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show. Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Recent Appearances: Andrew was a guest on Episode 209 of the Phil Ferguson Show; please give it a listen! Show Notes & Links The worst cases in Supreme Court history, in chronological order, are:

Dred Scott v. Sanford, 60 U.S. 393 (1857)
Plessy v. Ferguson, 163 U.S. 537 (1896) (not discussed in this episode)
Lochner v. New York, 198 U.S. 45 (1905)
Buck v. Bell, 274 U.S. 200 (1927)
Korematsu v. US, 323 US 214 (1944)
Bowers v. Hardwick, 478 U.S. 186 (1986); and, of course,
District of Columbia v. Heller, 554 U.S. 570 (2008) (not discussed in this episode)

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Transcript

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0:00.0	Ladies and gentlemen of the jury, I'm just a caveman.
0:19.8	Due to habeas corpus, you and Miss Bonifante had a common law marriage.
0:31.0	So you don't work on a contingency basis?
0:33.0	No, money down! Oops, shouldn't have this bar association logo here either.
0:45.0	Would you please point at that robot over there?
0:51.0	No further questions?
0:55.0	Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with a real-life lawyer.
1:00.0	This podcast is sponsored by the law offices of P. Andrew Torres, LLC for entertainment purposes,
1:05.0	is not intended as legal advice, and does not form an attorney-client relationship.
1:09.0	Don't take legal advice from a podcast.
1:16.0	Hello, and welcome to Opening Arguments.
1:18.0	This is episode number 62.
1:20.0	I'm your host, Thomas Smith. That over there is our expert, most expert of hosts, Andrew Torres.
1:25.0	How you doing, Andrew?
1:26.0	I'm great Thomas, how are you?
1:28.0	Doing great, I'm excited for today's episode.
1:31.0	People always love lists.
1:33.0	And you know what? Maybe I love lists too.
1:36.0	It's a guilty pleasure, but this isn't going to be a stupid click-bady list with a book where every time you click on something,
1:41.0	there's like three ads and then you get to the next item.
1:44.0	No, no, no. This is a great list. This is a smart list.
1:47.0	It's the best. But before we get to that, let's get to our first listener question.
	...

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