OA210: Cash Bail, Glucksburg and More
Today's episode takes two deep dives:\xa0 first, into California SB10, which eliminates the "cash bail" system of pretrial detention in California, and second, into the Supreme Court's 1997 decision in\xa0Washington v. Glucksberg.\xa0 What does it all mean?\xa0 You'll have to listen to know for sure! We begin, however, with an update on Wells Fargo's $1 billion remediation plan first discussed in Episode 169. After that, we tackle California SB10, which is now law -- even though it won't go into effect until October of 2019.\xa0\xa0Is this a good or a bad thing?\xa0 Would it change your mind to learn that the ACLU flip-flopped on this bill?\xa0 Listen and find out! From there, we move into an in-depth analysis of\xa0Glucksburg and what it means for the future of the Supreme Court. Then, we give you a little retroactive speculation regarding the\xa0possiblity that Paul Manafort might plead guilty.\xa0 Yes, it's a living record of the fact that we record on Thursdays -- but we think you'll like the analysis anyway. Finally, we end with Thomas Takes the Bar Exam Question #93 regarding double jeopardy.\xa0 Remember to follow our Twitter feed (@Openargs) and like our Facebook Page\xa0so that you too can play along with #TTTBE! Recent Appearances Andrew will be debating originalist (and Kavanaugh clerk!) Justin Reed Wilson in Louisville, Kentucky on September 27 at Impellizzeri's Pizza; to attend, just RSVP on this Facebook link. Show Notes & Links
- We first discussed Wells Fargo's fine and remediation requirements in\xa0Episode 169; you can check the OCC's News Releases for yourself to see when the rejection becomes public (if ever).\xa0 For now, we had to make due with this Reuters article.
- You can read\xa0California SB10, as well as check out the opposition from both Human Rights Watch and the ACLU.
- Here is the full decision in\xa0Washington v. Glucksberg, 521 U.S. 702 (1997).
- During the Glucksburg\xa0segment, we discussed\xa0Sen. Coons's question to Kavanaugh about it, and, of course, Ted Cruz's "Washington Generals" questions during the confirmation hearings.\xa0 Also, we referenced earlier written answers from Elena Kagan during her confirmation hearings discussing\xa0Glucksburg.
- Glucksburg\xa0was explicitly distinguished in the\xa0Obergefell decision.