BROADCASTS.com

Today's episode features a little more about Corey Robin, including the argument addressed on the show that criticisms of Clarence Thomas's competence are a racist echo of similar claims made against Thurgood Marshall.\xa0 Find out why Andrew made the mistake he did in Episode 242, and also why Andrew still stands behind his answer to that question.

We begin with Robin, winding our way from his\xa0blog posts to the jurisprudence of two of Andrew's heroes, Laurence Tribe and Ronald Dworkin!\xa0 Ultimately, you'll learn why Andrew continues to defend the proposition that\xa0attacks on Thomas's competence are\xa0not inherently racist.

After that, it's time for some behind-the-scenes news about Attorney General nominee William Barr just in time for his confirmation hearings.\xa0 What company does he keep when it comes to interpreting the Founding Fathers?\xa0 Listen and find out!\xa0 (Hint:\xa0 this isn't good.)

Finally, it's time for the answer to Thomas Takes The Bar Exam #108 regarding real property.\xa0 As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page\xa0so that you too can play along with #TTTBE!

Appearances

None!\xa0 If you'd like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

1. We first discussed Robin in Episode 242\xa0as part of a listener question.\xa0 You can click here to read his Tweet criticizing us for engaging in "tribalism" and playing identity politics.
2. We discuss two Robin blog posts in depth:\xa0 (a)\xa0"Everything is in the Hands of Heaven Except the Fear of Heaven", and (b)\xa0"The Scandal of Democracy"
3. It was, in fact, Elena Kagan who said "we're all textualists now" in 2015.
4. Click here to check out Tribe's 2008 book,\xa0The Invisible Constitution, which openly contests originalism (and directly engages Scalia in particular).
5. You should also check out the Ronald Dworkin speech that was turned into an article in the\xa0Fordham Law Review.
6. This is the 2001 Keith Whittington law review article that credits Robin with an assist.\xa0 This is Whittington's page at the Federalist Society.
7. We engage with this tweet from Robin listing four supposed examples of intellectual laziness leveled against Thurgood Marshall.
8. Some Thurgood Marshall links:\xa0 (a) his confirmation as reported by the\xa0New York Times; and (b) this lovely retrospective on Thomas's career penned by Juan Williams for the Washington Post.
9. Finally, you can read some more stuff on Clarence Thomas:\xa0 (a) the 2014 rates of agreement among Supreme Court justices; and (b) this anecdote reported by attorney Matt Howell.
10. If you have HeinOnline, you can read the Mark Tushnet law review article in the\xa0Georgetown Law Review we discuss on the show.\xa0 (Otherwise, you're stuck reading the first page only.)

Support us on Patreon at: \xa0patreon.com/law

Follow us on Twitter: \xa0@Openargs

Facebook: \xa0https://www.facebook.com/openargs/

Don't forget the OA Facebook Community!

For show-related questions, check out the\xa0Opening Arguments Wiki

And email us at openarguments@gmail.com

\xa0