Opening Arguments

OA108: State-Sponsored Patriotism In the NFL & So Much More!


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Today's episode hits on some timely news stories, including Trump's latest kerfuffle with the NFL. In the pre-show, we talk a little bit about the Graham-Cassidy Bill, which is hopefully defunct by the time you hear this.  But can Trump save it via Executive Order?  (No.) Then, we return for a lengthy "Andrews Were Wrong!" segment in which we issue a correction from Episode 107, explain the difference between Ronnie Lott and Leon Lett, and also tackle friend of the show Andrew Seidel's recent article regarding whether churches will likely receive FEMA relief in the wake of the Trinity Lutheran decision. In the main segment, Andrew looks at the Supreme Court's recent order in Tharpe v. Warden and explains the significance in light of our prior discussion of jury deliberations. Before you listen to "Yodel Mountain," you'll want to go back and listen to Episode 57 and Episode 58, in which we go into detail on Donald Trump's rocky relationship with the NFL.  Then, we answer whether Donald Trump violated federal law by threatening NFL players who refuse to stand for the national anthem & some other questions.    You'll find out which senators oppose "State-Sponsored Patriotism" and the answer WILL surprise you! Finally, we end with a new Thomas Takes the Bar Exam Question #43 about whether a "Letter of Intent" is binding in a business sale.  (Oooh, right in Andrew's professional wheelhouse!)  Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess.  We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances After being bombarded by 10,000 Twitter trolls, the guys are going to lay low for a little bit. Show Notes & Links
  1. We discussed the first GOP effort to repeal the AHCA back in Episode 80, and you can read about the changes to that bill (largely, to the slush fund) in this Bloomberg article.
  2. This CNN report suggested that Trump would "do an Executive Order" when Graham-Cassidy fails.
  3. If you want to read the trial court's ruling on ineffective assistance of counsel in the Syed case, you can do so.
  4. We first discussed whether churches will receive FEMA funds for disaster relief in Episode 102; Andrew Seidel respectfully disagreed with that conclusion in a recent article; we continue to think he's too optimistic in light of the Trinity Lutheran decision.
  5. We discussed Pena-Rodriguez v. Colorado as a "landmark case" way back in Episode 56.
  6. You can read the Supreme Court's order staying execution in Tharpe v. Warden, as well as the District Court's opinion denying reopening of Tharpe's habeas petition.
  7. We're really proud of the episodes we did on the USFL v. NFL lawsuit back in Episode 57 and Episode 58, in which we go into detail as to exactly why Trump hates the NFL (and so much more)!
  8. The relevant statute at issue with Trump threatening the NFL is 18 U.S.C. § 227.
  9. That "LawNewz" article we referenced is here; read at your own risk!
  10. Finally, we definitely recommend reading the McCain-Flake report on "paid patriotism."
Support us on Patreon at:  patreon.com/law Follow us on Twitter:  @Openargs Facebook:  https://www.facebook.com/openargs/ And email us at [email protected] Direct Download
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