Opening Arguments

Liz Warren's CFPB Saved By... Originalism?


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We begin with a quick check-in on Trump’s trial in New York, from the recent appellate ruling on his gag order Todd Blanche's bizarrely personal  start to his cross-examination of the most important witness in one of the most important criminal trials in US history. Matt then explains why it might be a felony to run for governor in Washington State if your name is Bob Ferguson. 

Then: Clarence Thomas just rejected an originalist 5th Circuit ruling to save the

Consumer Protection Finance Bureau on behalf of a 7-2 court--with Alito dissenting for totally different originalist reasons. What is going here?

We then stop in for a quick layover with the current state of the Boeing non-prosecution agreement before Thomas takes on a bar question about some extremely unpleasant fish.

  • Unanimous order from the Appellate Division of the Supreme Court of New York upholding Trump NY gag order (5/14/24)

  • RCW 29A.84.320 (WA criminal statute addressing “Duplicate, nonexistent, and untrue names”)

  • SCOTUS ruling in Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd. (05/16/2024)

  • DOJ letter to court overseeing Boeing nonprosecution agreement (5/14/24)

There's a new episode out on www.patreon.com/gavelpod!

If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

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