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Today's episode features a deep dive into a bunch of different issues around granting the writ of certiorari -- "cert" -- and some of the intricacies of how the Trump administration is trying to take advantage of the activist Supreme Court.\xa0 Oh, and we also tackle a lawsuit that's being grossly misrepresented by the media.

We begin with a discussion of the unique procedure of "cert before judgment."\xa0 What is it, how rare is it, and... why is the Trump administration trying to deploy it with alarming frequency?\xa0 Listen and find out!

Then, we revisit litigation regarding the census that we first discussed back in Episode 232, and the administration's effort to... get cert before judgment (of course).

Our main segment looks at something Andrew has never seen before:\xa0 essentially, a four-justice\xa0dissent from a denial of certiorari.\xa0 Why is this weird?\xa0 Listen and find out as we dissect that very opinion in\xa0Kennedy v. Bremerton School Dist.

Next, we tackle a recent clickbaity headline involving a dishwasher allegedly showered with money for "skipping work to go to church."\xa0 Find out why the reporting on this case has been totally irresponsible and what really happened.

After all that, it's time for the answer to Thomas Takes The Bar Exam #111, which involved a contract for defective water bottles.\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\u2019d like to have either of us as a guest on your show, drop us an email at\xa0openarguments@gmail.com.

Show Notes & Links

1. "Cert before judgment" is governed by Supreme Court Rule 11.
2. We first discussed the census litigation\xa0back in Episode 232.\xa0 You can read the motion to dismiss the writ of certiorari as improvidently granted, as well as the U.S. reply.
3. Click here to read the "statement" regarding the denial of cert in\xa0Kennedy v. Bremerton School Dist.
4. Click here to read the CBS news report on the Hilton lawsuit, and here to read the (even worse) reporting by the Friendly Atheist blog.
5. By contrast, you can read the actual\xa0Jean Pierre Hilton overtime lawsuit\xa0and the\xa0jury's verdict.\xa0 Oh, and here's the EEOC's statement limiting punitive damages in retaliation cases to just $300,000 (not $21 million).

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