Trump vs. DOJ in Courtroom Battle

David and Sarah are here to make sense of the latest back and forth between ...

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David and Sarah are here to make sense of the latest back and forth between the Justice Department and Trump’s legal team over classified documents found at Mar-a-Lago. Plus: a closer look at the legal merits of the student loan forgiveness plan and two religious liberty cases.

Show Notes:

–DOJ response to Trump’s special master request

–OLC opinion on student loan forgiveness plan

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  1. JA

    A friend's firm recently filed a lawsuit to challenge the Biden loan forgiveness program. Looks like plaintiff is someone who qualifies, but is already in another loan forgiveness program, so they won't get any benefit from the program, only extra state tax. Do you think standing is sufficient???
    https://www.usatoday.com/story/opinion/columnist/2022/09/27/lawsuit-may-block-bidens-power-play-cancelling-student-loan-debt/8122883001/

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  2. DocHeartless

    With my two kids, I discovered that The Backyardigans was TV crack for toddlers. It's also pretty bearable to hear in the background for adults. Just saying . . .

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    Young Riprock

    I think Sarah is overly optimistic on the final merits of Yeshiva. I agree that the trial court’s reading is hyper technical in regard to the statutory exception. But I am skeptical that the New York appellate courts will reverse this decision.

    I agree there’s a big jurisdictional issue with the petition for cert.

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  4. Dave Thatcher

    Ok perhaps I speak only for myself but let’s lay off the HLS stuff. To break my own rule, a B- is the lowest grade you canget? Really, what kind of grade inflation do y’all have going on there? I am a little bit older than David for law school, class of 1995, and I thought that was before the grade inflation boom hit, right at the same time as participation ribbons. No worries on torts, nobody cares about torts, like bankruptcy near as I can tell that entire body of law is made up anyway. It’s a court administered redistribution of wealth

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  5. GregS

    Q: How would you respond to Andy McCarthys piece at NR arguing that DOJ "bulldozed" the judge in their special master response, and that the judge should be furious?

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  6. Olivia Durham

    Can anyone say a word in praise of admin assists re the MaraLago debacle? Who was organizing that stuff? It's like one of my nightmares. Don't touch my files! Lol

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    Karl Worsham

    Sarah, you had Scott Brewer for contracts?? I can’t imagine there are two contract profs at HLS that do handstands.

    Did he have students throw him markers/pens so he could try to catch them behind his back when you were in his class?

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      Sarah Isgur vertical-nib Author

      Hahahahahaha yep. I definitely did.

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  8. Lori Kepner

    As an attorney for a ministry that has a campus ministry, I have to note that you didn't quite set up the FCA case correctly. True Martinez all-comers policies have to not have any status or belief based restrictions, period, but allow some performance type criteria. Where most schools go wrong is they think they have an all comers policy if they are applying their nondiscrimination policy "evenly", buteven if they supposedly do that, it is not an all comers policy if it includes a list of categories, because that would allow belief restrictions if they aren't related to the enumerated categories, which would then make it not an all comers policy. So the San Jose school district didn't actually have an all comers policy, but a nondiscrimination policy with an enumerated list of statuses. The bigger challenge is that the 9th Circuit also has Reed on the books. But as an EAA case, this would have a slightly different analysis too. Anyway, Martinez is bad law and is still consistently misunderstood. I did really appreciate your analysis of the Animus involved here, though.

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    1. Lori Kepner

      And I absolutely love your podcast. It is the only one I listen to every episode of. Thanks for your great work! And David, please enjoy your vacation!

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    Tele

    The Macarena was 96 to 97, while Right Said Fred was 91. Amazing on the decade blurs. I’d have bet money that Right Said Fred was late 80’s.

    My wife and I first heard the Macarena in Puerto Vallarta on a summer vacation at an all inclusive resort. I just assumed it was a thing forced upon us by “Julie, Your Cruise Director.” Came back to the USA, and that song was all over the damn place.

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    John Murdock

    On the OLC memo, my criticism is that it seems constructed to give a conditional “yes” without addressing one of the key questions—whether debt relief can be extended to the Biden Administration’s particular vast category of beneficiaries. Saying, "Yes, SOME categories of debt relief are possible," is something of a dodge. This "let's say 'yes' to as much as we can and never really say 'no' and instead just hint at the problems in a way that smart people will catch but won't get the WH mad at us" approach is not the height of integrity nor a boon for DOJ's reputation at a time of intense scrutiny. (Also, at the turn of the century Texas Law had a hard curve with mandatory C's. No coddling with B-'s in Austin back then. Thankfully, I never got a B- or a C, but that fear of the C was certainly a stressor for all of us students who had rarely if ever seen a B in our academic lives.)

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