OA214: Free Speech, NAFTA & Trump's Trans Ban

Published: Oct. 2, 2018, 4 a.m.

Today's Kavanaugh-free episode is a classic, three-story, Deep Dive Tuesday into (1) a recent free speech case involving protesters at a Trump rally; (2) the status of Trump's efforts to ban trans service personnel from the military; and (3) whether Trump can unilaterally abrogate NAFTA.\xa0 Strap in -- it's going to be a long ride!

We begin with an examination of\xa0Nwanguma v. Trump at both the district court level and the recent decision from the 6th Circuit.\xa0 Should protesters be allowed to sue Trump and his campaign staff for incitement to riot?\xa0 Listen and find out!

After that, we examine the status of Trump's latest (Mar. 23, 2018) order on trans personnel in the military.\xa0 Is there... good news out of the Ninth Circuit??!?

Then, we check out the history of presidential withdrawals from treaty obligations, a case involving a former Presidential candidate (Barry Goldwater) versus a sitting President (Jimmy Carter), and Donald Trump's constant claims that he can abrogate the North American Free Trade Agreement.\xa0 Is any of this true?\xa0 The answer almost certainly will surprise you!

Finally, we end\xa0with Thomas Takes the Bar Exam Question #95 regarding the Congressional delegation of rule-making authority to the Forest Service.\xa0 \xa0Remember to follow our Twitter feed (@Openargs) and like our Facebook Page\xa0so that you too can play along with #TTTBE!

Recent Appearances

Thomas will be at QED in Manchester, UK on Oct. 13 and 14.

Show Notes & Links

  1. If you want to check out our Kavanaugh patron-only special, sign up here and then click here for the bonus download!
  2. You can read the Nwanguma v Trump district court decision\xa0as well as the\xa0decision by the 6th Circuit.
  3. Click here to read Trump's latest (Mar. 23, 2018) order on trans personnel in the military, and here is you want to check out the Ninth Circuit's stay order.
  4. On NAFTA:\xa0 you can read the NAFTA treaty itself (including Art. 2205), the NAFTA Implementation Act, and\xa0you'll definitely enjoy perusing\xa0Goldwater v. Carter, 444 U.S. 996 (1979).

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