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Don't Say Gay Bill Grabbing Headlines in Florida and Nationally, Permanent Daylight Savings getting Serious consideration and Supreme Court Update

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
March 25, 2022 5:00 pm

Don't Say Gay Bill Grabbing Headlines in Florida and Nationally, Permanent Daylight Savings getting Serious consideration and Supreme Court Update

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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March 25, 2022 5:00 pm

On this edition of the Outlaw Lawyer Josh and Joe are joined by attorney Cassandra Nicholas to tackle the hot topics. These topics include Florida's "Don't Say Gay" Bill, Permanent Daylight Savings may actually happen, and Supreme Court nominee Ketanji Brown Jackson confirmation hearings continue.

If you have your own legal situation and need to talk with an attorney you can call Whitaker & Hamer  800-659-1186. Leave contact information and briefly what the call is about and an attorney with Whitaker & Hamer will be in touch.

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This week on Outlaw Lawyer, attorney Cassandra Nicholas is back with us in studio. And guess what? We're going to read the Don't Say Gay bill that is working its way through the Florida Legislature and we will discuss it.

Permanent Daylight Savings Time is on the table and may be in our near future. And Supreme Court nominee Kataji Brown Jackson confirmation hearings are in full swing. What do we think about it here at the Outlaw Lawyer?

We will tell you up next. And now, Outlaw Lawyer. Welcome in to the Outlaw Lawyers. We have Josh Whitaker and Joe Hamer. Whitaker and Hamer law firm.

They have offices at Raleigh, Garner, Clayton, Goldsboro, Fuquay Marina and Gastonia. I'm Morgan Patrick, consumer advocate. We're also joined on set today by Cassandra Nicholas, also an attorney at Whitaker and Hamer. We got a lot to get to, fellas.

We had a great first show on camera and now this is number two. It is. It is.

It takes some getting used to. We talked about that last week. So we won't harp on it. But if you're listening to us on our podcast, you're listening to us on the radio. Just want to remind you, we do have a YouTube channel now. We're finally we're finally to that point.

Some people might have argued we should have maybe done that first. The YouTube channel. I mean, look at this crew. I think we should be. But on camera we're we're we're on YouTube. So if you're if you're around your computer or you want to see what we look like, I don't know why you would want to see what I look like, but we're there.

The Outlaw Lawyer is our YouTube channel. Today we got a lot to talk about. We got a lot of meaty topics. But before we get to meaty topics, I always like to talk about sports. And so I guess the NCAA tournament is the thing that's happening as a state fan. I'm not paying a lot of attention, but it is occurring. And there's been some exciting games or so I hear, you know, watch any of them. Zero, I watched you watch part of the do game because I was with you for that. So I know you saw that.

Yeah, I think that might have been all I've watched so far. So what are you doing with your life? You just watching the news? I watched a lot of Seinfeld.

I've been watching a lot of Seinfeld. You didn't do a bracket. I did one bracket at the last minute. And I'm dead last in my you're dead last.

Yeah, not in the country, but just like in your group in the in the group of friends. I'm sure there's someone who's doing worse. How are you doing Joe? I'm in the 100th percentile with my bracket actually. I'm 95th percentile, but that's still like second here.

That's still like, hundreds of thousands. Like I'm nowhere close to the top. Cassandra you crushing it. I'm crushing it. Really?

Yeah, how are you doing? I mean, I haven't gotten any wrong. No, because I haven't. It's amazing. I feel like I was like, I think it was day two, there was no more perfect brackets.

If you've if you've listened to us, listen to us before when Cassandra has been on, you know that you're from North Dakota, in North Dakota. Do people care about the NCAA tournament? Yeah, that's a good question. Do they? Yeah. Why would I bet they do?

Why wouldn't they? Is there a division two NCAA tournament anymore? Does that still happen?

Yes. What are you talking about, man? I just remember seeing like the championship game for the division two. It'd be on like a random Saturday, man. It always had Cal State Fullerton.

You're gonna want to offend me. Because I attended the division to NCAA championship in person and saw my alma mater win that game. State State Barton College. Yeah, that was a big game. That's a huge game for Barton College.

And people in Wilson, North Carolina. But yeah, it's a real thing, man. It's exciting. What are you talking about? I hopefully next year, I'll pay a lot of attention. Because they if states bad again, you're not going to pay attention.

You're this unlikely. I'll retreat back into Seinfeld or your arms where I feel safe. It's been good, though, man. It's been good. There's been a lot of good games.

There's a lot of parody. So there's not been a ton of blowouts. A lot of exciting games. You really you're you as a fan of basketball.

Yeah, you're doing yourself a decision. Well, it's cool stats. So when the tournament opened up, there were 17.2 million brackets on ESPN. When Kentucky lost of the 17.2 million, only 161 remained perfect.

It's crazy. I've never even been close to perfect on a bracket. Even when I did care.

I think I've gotten through like a day with like one pick wrong, but then it always falls apart. It's gonna fall apart. Period. Like Cassandra sitting there.

When are we going to talk? We're so this is great. officiating has been terrible. That's another thing. You haven't noticed it because you haven't watched but it's been universe.

I did read I did read a story. I read a news article that officiating was but how do you measure that? How's that objection? How do you like bad you can watch if you watch it is bad.

What is it? No, this is just my personal opinion. You're watching the games. And it just seems like since Ed Hockley, the NFL when he started doing the tight shirts.

Yeah, watch watch the tournament this weekend. These guys have like form fitting. You know, referee tops, and they've all been working out.

So apparently, you got to be on your game to even get on TV. I don't have anything form fitting in my I think we should go with that on the next show. So since I saw myself last week on camera, I've been doing some working out. So I'm hoping like we can play all of our episodes back and it'll be like a progress. So if you look at everything we've done on tape, you can slowly over the years see me losing my hair. That's what you see.

Yeah, I wanted to be like I get I get more in shape and you get less in shape as we go along. It's like we're trading I'm giving you weight. I was gonna talk to you guys about I don't know if your kids have done this. You know, we've talked about Ukraine.

We've talked about NATO on a couple of shows and just kind of, again, the legality behind things that are happening in national news. My kids are middle school age. And we were at the hurricanes game watching it. We were at the hurricanes game watching the do game.

Yeah. And then I end up having to leave early because my kids cornered me and wanted to talk. I guess in their school. They've been talking about World War Two, World War One. And so they're asking me a bunch of questions about, or, you know, are we headed for World War Three?

What made them get on the stuff? I don't know. I was like, man, we could be watching the Duke game on TV or the hurricanes game. We're gonna talk about the World War. So I don't know if I don't know. I know we all have, you know, some kids hanging out at the house.

I don't know if that's something you guys. Cassandra, I don't think you have any kids. No, she is not her kids at her house. Just spot in the neighborhood for all the kids. I was about to say kids. And then I pivoted to just random, just random kids.

There are people there. You've met children. I am familiar with the concept. Yeah. My 21 year old sister in North Dakota has been asking questions about my take on the situation being like 21 year olds.

They're full fledged adults, but haven't really been alive during any like, particularly active, right? So, um, so it was new to them. I didn't have a good answer for her.

Would you tell her I might have her call you? I had to talk to my kids. I had to tell them what mutually assured destruction is the theory of mutually assured destruction. And it's hard to tell a kid like, hey, you know, don't worry if Russia nukes us, they'll be dead. We're all gonna die. It's it'll all work out when we're the other.

It should be very comforting. They don't they don't they don't take comfort in that that theory. So it was hard to explain that to a 12 year old and an eight year old. I have a suggestion. Yeah, you're a movie guy. Rent, rent, go find War Games streaming somewhere.

I've seen War Games. Well, your kids need to see it. Yeah, that's the point.

Yeah, then you don't talk to them. Yeah, they'll they'll they'll kind of they'll kind of get it. And hopefully they'll cheer at the end when you watch that in a political science class in college.

And that was the best way to spend my tuition dollars. I fully approved. Sure. Why I meant to watch. I can't remember the name again. Wolverines.

We talked about this already. Right? What was that movie?

It's not dawn. Yeah, that's what I first watch. Watch that.

They did a remake. It wasn't any good. No, it wasn't. I can't imagine it would be I just had this image of your kids literally corner you like holding you in the corner. Well, it shows that they're concerned, which I think is a good sign. Yeah, definitely paying attention to the news. And I try to spend a lot of time talking with my kids about military strategy. See, this is a this is a pincer movement, son.

The the other thing I was gonna talk about is not one of our legal topics today. But everywhere you go, you can't help seeing it. But the University of Pennsylvania has a transgendered, a chance transgendered swimmer. Is it Leah Thomas? Am I getting that right?

Leah Thomas, Leah Thomas. So that's something that's been in the news. You know, I was thinking maybe we should do not prepared for it today. But maybe we should do in the future deep dive on, or maybe some of the laws that have got, you know, whether you think it's right or wrong, some of the laws that have gotten us to this point. Yeah, because that's, that's clearly at least a social controversy. And I think that might turn into a legal controversy. Can you tell us a little bit about that?

If I understand right, her next step is to try to compete in the Olympics. And so I think that's gonna, you know, create some legal hurdles. Yeah, I think there'll be some I think so I'm not super familiar with it. You know, I've only scratched the surface. I haven't done the deep dive. But um, yeah, I agree. Because my understanding and again, I could be completely wrong. But I think it's a, you know, you get into an area of hormone replacement therapy. And you're talking about and I want to say it's like six to seven times what would be the normal level is what's allowed as far as like testosterone, whatever the testosterone whatever habit is what's actually allowed is permissible for the you know, Leah Thomas still to be able to swim against against women. So I think it would be interesting to look at all the rules and you know what it takes to qualify for the Olympics in this type of situation.

And, and I guess there's probably new rules that are being set up. And it's kind of a moving body of it's interesting because you hear a lot about Leah Thomas, obviously, because she won the race. And that's a big reason why but there was a there was another transgender participant as well. But you don't hear a lot about that one. Because there's no, my understanding is that there's no hormone replacement therapy going on there.

So there's less that I think that's really the sticking point for a lot of people when you get into that, the the hormone replacement therapy piece, because that's what people perceive to be how you get the advantage. Yeah, I haven't read deep into the story. But I didn't know that other part. I didn't even know that was going on. Yeah, they were both there. They both like they both wrote on their bodies, like messages.

They both took a stance and they were kind of celebrating with one another. And, but yeah, you only hear about Leah Thomas, maybe because she won. She's winning. Yeah, by a lot. So by a good margin.

Yeah, by good setting records. Yep. Yeah. So we actually do have Lee other legal topics today that we're gonna spend some time on. And so I thought the first thing we'd spend time on as we've heard, there's been so much in the media about this. Don't say gay bill, as it's been so much in the media about this. Don't say gay bill, as it's been so much in the media about this. Don't say gay bill, as it's been so much in the media about this. Don't say gay bill, as it's been so much in the media about this. Don't say gay bill, as it's been so much in the media. Don't say gay bill, as it's been so much in the media about this. Don't say gay bill, as it's been so much in the media about this. Don't say gay bill, as it's been so much in the media about underlying law and kind of objectively just say, hey, this is what it is. This is this is what it isn't. And this is a good example of that because this statute, depending on what side you fall on, is being portrayed as, I think, creating. It's just you know what it's being portrayed as really outweighs what it actually is on paper. Cassandra, I know you've had a chance to chance to look at this and what's your initial take?

Just again. No personal belief, just based on what it's actually the bills actually trying to do. So do you want to just give the full title is Parental Rights and Education Bill and that's House Bill 1557 in Florida. So my understanding is that it did pass the House, went to the Senate and was edited, revised and then did pass the Senate. So it does need to go back to the House and we'll see whether or not they actually revise it further or pass it in the form that it's been passed as in the Senate. And then I believe Ron DeSantis has already indicated that he plans on signing it if it does get to him. It's interesting how it's being framed in the media in that the word game isn't even present in the bill to start with, but it does discuss.

How? My first take is that it's just not very clearly written. I think it's the same impression. Very broad, very broad, overly short, you know, even even if you agree and will continue to talk about it. But even if you agree with the aims of the bill and what the bill maybe was intended to do.

It didn't translate the paper very well. It's unclear whether they're referring to just classrooms kindergarten through third grade or which provisions of it actually apply to all public schools in education in Florida. So even if it was passed, how it would be implemented is really unclear. And you never want that from a statute. You know that a statute like this is just going to immediately be litigated, right? If you're thinking this is just, you know, I think some people even get confused the way it gets reported on. I don't know that some people understand that this is just a state bill in Florida is being reported on as a national issue and it is talking about a national issue. But this is just talking about the state of Florida is just in Florida State Legislature and and yeah, I was really confused too. I had heard that you know what? So I read a lot of reports on it and I had read that it only affected kindergarten to third grade and parts of it specifically do mention kindergarten to third grade.

Some of it seems like it applies to every grade. But yeah, just you can see and that's the problem I think with the news a lot of time. You can see this PR battle kind of taking place on the way it's reported. And of course if you get your news from CNN, New York Times, you're kind of getting this one version. If you get your news from Fox News, or Wall Street Journal, or Drudge, or wherever you get it, you're kind of getting another version. And so that's why I think it's really important to just read the bill and it's not very long.

No. Just a brief seven pages. Well, a brief seven pages and the intro takes up a page or two.

So when you actually get in there, but it does, you know, it does. I've got it here in front of me. That's what I'm looking at right now. The statue. I see the book.

I don't know Joe, what do you? What was the most glaring thing that that you saw there? I mean, I think it's just overly broad man. It's it's vague, vague, really. It strikes me as vague, overly broad. It lacks specificity and that leads to the problems like, you know, it's it's it's it's it's it's you know, a lot of problems and you made a good point as far as how it's being reported in the media.

And you know, you get the nickname that don't say gay nickname that sticks. It's being reported nationally and that kind of frames the perspective of anyone who's not going to dig deeper into it. They're going to see that negative connotation they're going to and like you said, I think a lot of people see this as a national issue without really realizing that it's kind of confined to the state of Florida. But a lot of the issues that people have with this bill, I think are a direct result of how it is kind of vague and broad and when you're when you're able to apply your own interpretation to these things that aren't defined with enough specificity, your political leanings are going to come into play. And so you're going to have people looking at it and they're going to interpret it the way that they want to, you know, and and that I think that leads to a lot of the issues that you see with a lot of the controversy. Yeah, if this were to pass the way that we're the the version that we're seeing. You know this the governor would sign it and this goes to to part of the bureaucracy to enforce right.

So this goes. I don't know in Florida. I don't know if they I guess the Department of Education or or something like that it gets handed off and then you know I don't say this. I don't mean this mean, but like a bureaucrat, you know picks this up and says, okay.

What does what does this mean and how do I enforce it and there's a lot of stuff in here. You know there's some opt out provisions for parents when it comes to counseling. You know if if I think it's kind of designed where basically if if if a student were to report or or a mental health issue or I think the way it's being reported is like come out of the closet. It's like a counselor or school official like that that information needs to go to the parents. Yeah, and I think that's what they're trying to do here and and you know give the parents some kind of control over the education.

We are talking about people under the age of eighteen. So I can see what the concerns are and again my personal preference here does it doesn't matter, but legislation this broad in this. I mean it's a lightning rod for there's going to be eighteen cases filed today. DeSantis signs this thing and that's part of it is that it won't just be bureaucrats enforcing it. This also has a provision in empowering parents to attempt to enforce it by directly suing schools.

All state legislatures should be wary of any bill that hits their desk that is going to be taking tremendous financial resources from the schools for litigation rather than education. Yeah, it's encouraging litigation in a lot of ways and so I think if you look at it and you if if you look at it and it's a bearish sense and you take what appears to be the the motivation. You know if you look at that in a positive light and you say people want to give you know parents a say in their kids education their development.

They want them to retain some element of control that that way doesn't sound like a terrible end the the actual application. There's just so many subjective things that you know there's terms that have a very subjective meaning. For instance, it refers to discussing things in ways that are age appropriate or developmentally appropriate. It's a subjective thing right like there's no and you could look at it and say, well, we're going to use like common sense and you're going to use like a reasonableness standard to determine those things, but that doesn't really exist. You know you've got such a wide swath of the population now. It's it's very difficult because you have such varying opinions upon among people.

So how is that going to be? How do you define it? No, I think I think you're right. I think you know you can see kind of both sides like this. You know this is going to make a lot of people angry if you're against it, you know and and a lot of people who are even for it.

It's not I don't think it's going to get you where you're where you're trying to go. You know from an attorney's perspective when we read a statute, we want the statute to be as simple and as clear as possible. So like you know this is wrong. If you do it, this is the punishment you know or or you know if you need a process for something.

This is this is going to address this and here's the process and here's the form you file and you know you just want it clear as a bell. So there's no room for misinterpretation. Something like this is just not going to survive any kind of court scrutiny because that's what happens right. You know it gets legislated, but the court gets to interpret what this means when it's.

Cloudy yeah. Yeah, it it'll definitely be interesting. There are even provisions regarding. Classroom discussions and what topics are off would be off limits under this bill, but a lot of the reporting is discussing arguments about what classroom discussion could include. Do they need to actually remove books from shelves?

It seems like there would be an immediate over. Elimination of topics and materials in classrooms at all ages because it's unclear what which students would be at the emotional or developmental level required by the statute. So if classrooms just immediately need to go through everything they're teaching at all levels of public education. That would be a huge chilling effect on education in Florida. You almost have to litigate it to even understand how it would be enforced.

Yeah, I think day one there'd be there's and that's the thing like that's the issue you look at taking all moral consideration out of it as a as a legal document at analyzing it. You know strategically without more proper definition of a lot of these things like what it's gotta be litigated to to even know what the standards are. The you know I read a couple of different media outlets take on this and the New York Times really did.

I don't often come here and say the New York Times did a really good job at anything, but the New York Times did a really good job just kind of going line by line and kind of pointing out what we're talking about like. Hey, maybe you support it. Maybe you don't, but you need to know what's in it. I think a lot of people get I think critical race theory is another thing like that right. What does that you see the guy on the street and he'll ask random people what is critical race theory?

What does that mean? You know we get this like don't say gay bill. We get these terms assigned to to kind of complex concepts complex statutes and then we talk about him in in general and that always that always hurts us.

It's a big problem man with society in general because you. I can't give you like exact percentage, but I would bet a large percentage of the people who were the most adamantly opposed to critical race theory. They don't say gay, but if you put a microphone in front of them and you're like explain what this is there. There's no they're not going to be able to do it like accurately whatsoever. Yeah, you know so I think it's important if if people take nothing from this to look into it yourself and you know don't just we've emphasized so heavily over our many many shows don't take the media's word for anything. Don't let a biased media inform your perspective, but so much you know do your own research figure things out and and and we say that we say that we know we don't everybody doesn't have hours to to day to reading statutes, but but yeah, that's fine. If you don't have hours to take it don't get so passionately upset about it right just okay like just go about your life. If you're going to take if you're going to take the time to protest anything. Yes, if you're making a sign, you should have to take a test on the on the issue first before you can go.

Let's make that bill. Yeah, it won't be vague. It'll be very specific. If you can't explain your position and your sign is taken away, you're told you have no sign. It's not like that man short test before the protest. That's right just to make sure we're all in the same page. Yes, I like it. Yeah.

Alright. Well, the outlaw lawyers, Josh Whitaker and Joe Hamer. You can find him at Whitaker and Hamer law firm.

Our special guest from Whitaker and Hamer is Cassandra Nicholas today. We've got a lot of subjects to get to including permanent daylight savings time. That's a big story across the country.

We'll get to that next. I want to remind you too that if you've got a legal question, something you're going through and you need answers, here's a phone number for you. 800-659-1186.

That's 800-659-1186. Leave your contact information briefly what the call is about and an attorney with Whitaker and Hamer will be in touch. You can always email your questions to the program questions at the and we have a great website. The go visit.

We're back right after this. Welcome back in to the Outlaw lawyers, Josh Whitaker and Joe Hamer, Whitaker and Hamer law firm managing partners there practicing attorneys here in the great state of North Carolina. They have offices in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Verina, and Gastonia. They're in competition with Starbucks.

They're trying to be on every corner. A kid, but if you got a legal question that you are facing and you need answers, here's a phone number for you to jot down 800-659-1186. That's 800-659-1186. You can email your questions to the program as well. We'll answer them on future shows.

That's questions at the I'm Morgan Patrick, consumer advocate. Josh take it away. You know we we haven't done a show where we answer questions in a while. We're going to have to set one of those up because we got a lot of them building up in the in the old inbox, so we're going to have to. It's been a little bit since we did that. I mean your show is popular, but when we do the questions specific to a certain aspect like small business huge downloads.

Yes, I can't walk down the street after those episodes. Small business questions man. Yeah, small business legal questions.

I put on a hoodie and glasses and that helps the alright up next. So we just what do we just do spring forward? Is that what we just did? Yes.

Yes. Lost an hour. It was rough. Yes, it was as you get as you get older, but it's nice right after like OK, we love the longer day. Yeah, you're not the longer days. You're not as you look like you're not nearly as depressed as you were last week. I was worried about you.

I can leave the office and go play nine holes. Yeah, exactly well. Yeah, but the spring forward. Yeah, the part when you do it, it's terrible, but like give it some time and like give us a weekend.

It's not like they do it going in. Yeah, but when you get yeah, but I'm not 18 years old. You I losing that one hour of sleep. You don't get that back.

I don't. I can't. I'm not allowed to take naps at that. I get yelled at if I take naps.

That sounds like a good way to wake up from a nap. So I gosh that hours just gone. It's it never comes back. It's just a lost hour. You might never get it back now.

I say that's a cumulative effect too every year you lose that hour. So Cassandra has been following this for us, but we've got a possibility of never having to fall back or spring forward again. Tell us about that. So the what is it called? It's a Marco Rubio bill. So we are following Florida again. Wow. The story with the Florida story.

It's a Florida heavy episode. It really is he presented the Sunshine Protection Act to the Senate and requested an abbreviated procedure. He reached out to all of the other senators and if they do unanimous vote for it, then it doesn't have to go through any other procedures. It's just immediately bounced to the House for a vote. So there was only one senator that was a potential nay and he didn't show up so. So it was good to go. It was a unanimous vote on something in our Senate. That's amazing.

I know it's something United our nation. Well then look you talk about names right and like how the Sunshine Protection Act. Who doesn't want to do that? Who doesn't want that? That's fantastic. We all are being sponsored from you don't like sunshine.

I don't like you. I can see the signs. You know down with sunshine. Yeah. Well, you're you're yeah. It's a miserable soul that you are so what's the next?

What's the next step for this to go through? So it's in the House now. So it's it would create permanent daylight savings where we would stay in this summertime bliss year year round. Interestingly, Arizona is always on winter time. I did not know that until I read that article.

Yeah. So they'll they'll get a permanent like 1 hour shift for their full year if this were to go through, but the houses indicated that they're not really ready to vote on it. They they're getting actual research on it. No time for research and it's not we laugh about that, but like you you jump you are our resident daylight savings expert and it sounds like there's like actual tangible health impacts from this change for and against the bill of permanent daylight savings for permanent daylight savings times. There's an increased risk of stroke and heart attack and other ill health effects every fall.

When we fall back, you're losing daylight your schedules messed up and that is apparently actually bad for us. I think it's terrible for you. You know. I think it's bad. We've seen like the COVID when you fall back when you get extra.

I'm talking about I'm talking about the lack of day like if if you if you have less daylight, you're getting you're you're having less very valuable vitamin vitamin absorption. Yeah. You know COVID. Yeah. Yeah. You need that. Yeah. You need it.

If that taught us anything that if the pandemic has taught us anything, it's that you need your vitamin D 100%. So I mean that makes perfect sense. Plus it makes you real sad man that the dark the dark doesn't make you real sad. It gets super dark. You come on the dark. Okay. I'll give you that. We're going to get you on the side.

You're the what? How does this affect farmers though and that while we have it, that's what I always heard. We have daylight savings time because because of farmers. I think we have the technology to put lights on tractors. Yeah. Tractor lights.

This is a new thing. I think they have it. I don't know man. We should get a farmer on. We should.

There are very few of them left. Yeah. There is we could if they had a better PR thing this might be named like the anti-farming bill or something. Yeah. Yeah. Yeah. Sunshine Protection Act though.

That's that's pretty good. There are concerns about farm lobbyists and school lobbyists because of especially in colder climates like the Midwest. It's already getting light in the morning so late in the winter pushing that another hour back. It's going to be 9 AM before the sun rises in a lot of areas of the country.

Kids are at the bus stop. It's dark. Exactly. So, there are commuting danger issues. But right now, they're commuting in the dark to and from work.

So, I feel like getting sun for one of those two times is a net benefit. But who am I? Well, this is a good example. You're the daylight savings expert. I'm going to reach out to my representative in the house. Make sure they vote correctly on this. This is a good example though of something that that should be simple, right? This is something that like I don't think many people are angry about. You know there are things that you need to take into concern, and you need to research it because everything has unintended consequences.

You know everything does. But this is not super objectionable. It seems like something that should probably get passed. You know, but it's a good test to see how the legislative process works. You know it's like when you're in school and you do like the pretend Senate, you know, and you have like a bill, something stupid like everybody should get one piece of free candy a day. And it goes through, but you're like, well, who's supposed to pay for the candy and what kind of candy is it? You know, and it is not passing because you can't agree on stuff. Yeah, I don't know.

It just feels like that to me. It's like a terrible student Congress flashback. I was joking about how much of a like expert on daylight savings you are and then I was reading the notes and I see that there is a person who actually wrote an entire book. Sees the daylight, the curious and contentious story of daylight savings time. So and interestingly, this has been done before in the 70s for almost two years.

We were on permanent daylight savings time. Yeah, that's a happy time too. From what I recall hearing, you know the 70s you like the 70s, right? I spent four glorious years in the 70s what they and they went back. They did. They actually went back early. It was supposed to be a full two years and people did not like going to work in the dark in the winter. So I it'll be interesting to see if that happens again.

The proposal here is permanent, so they would have to go through this entire process backwards with a new bill for a permanent reversal. I like the trial period aspect, though I I did not even know that that happened in the 70s. You know, but I like the fact that it was a trial and you had to come back and everybody make sure it was alright.

Yeah, but I mean if you don't agree on it now like why I feel like I don't feel like he was like this makes so much sense now 2 years later, but yeah, I agree it makes it. I like the trial aspect as well. I just think people are they're going to feel how they feel about daylight savings time at the end of the day. You know we should do that with more bills though just a trial period.

Yeah, have like a sunset provision on it or something. Yeah, for sure for sure. I agree.

I did not know it was coming. I didn't know it was a Florida senator, so that's that's interesting too. Florida is just taking over the news cycle now, but alright. Well, I want to spend some time up next. I know we're coming up against a break, but I want to spend some time. We've got a Supreme Court nominee confirmation hearings have started.

We've had two or three days of it now and I want to spend some time talking about that next. Alright announcer voice here we go. The Outlaw lawyers, Josh Whitaker and Joe Hamer Whitaker and Hamer law firm is where you can find them at the managing partners. They're also practicing attorneys here in North Carolina. Our special guest is Cassandra Nicholas and she is also an attorney with Whitaker and Hamer. If you've got a legal situation that you're going through and you need questions answered, I have a phone number for you 800-659-1186.

That's 800-659-1186. Just leave your contact information briefly what the call is about and an attorney with Whitaker and Hamer will be in touch. You can always email your questions to the show. We'll use them on an upcoming episode questions at the Outlaw

That's questions at the Outlaw and again website fantastic resource for you again the Outlaw We're back right after this. Welcome back in to the Outlaw Lawyer. I'm Morgan Patrick consumer advocate joined by as always Josh Whitaker and Joe Hamer managing partners at Whitaker and Hamer law firm. Our special guest today. She's been on the show several times and I tell you our ratings have gone up because she's on the show, but Cassandra Nicholas is here also an attorney with Whitaker and Hamer. We are now going to get into Supreme Court nominees.

So it's been an interesting week for Supreme Court nominees and justices so we have and we've talked about the new nominee Katonji Brown Jackson and we talked we did a we did a deep dive and talked about her and her qualifications and I think we had a bold Outlaw Lawyer prediction that she would be confirmed. I think that's where we did we made that prediction. Yeah, I think that's I think that's official. I'm sticking with it. That's on the books. That's on the books. I think it was only official if it happens and we're not there yet.

That's all of our that's all predictions. I think I think I feel good enough now that I think we're on the books. I think she's a great nominee. The confirmation hearing has been interesting because I think everybody pretty much knows there's enough Democratic votes to confirm her right in the Senate like we're not worried. It's not like we're not really worried about her at least I'm not being confirmed and so you know again and this ends up we end up talking about partisan politics when we talk about this cuz that's how the fallout is so we've got enough Democratic votes in the Senate to confirm her. She's very qualified. Everybody expects her to be confirmed, but the Republicans are still gonna ask her questions and and kinda you know you know get stuff out there, but I think I think her confirmation hearing so far.

I've really just been used as a vehicle to kind of advance. You know some national political type positions cuz she's she's gonna be a really good justice. I think, but some of the questions she's getting Cassandra. I know you've been you've been looking at that, but where where are the line of question questioning going right now?

So it's kind of all over the place. There are a lot just on her actual record as as it should be looking at what she's actually already ruled on. It's nice to have a nominee with a record to look at to actually be looking at how they've already ruled, but then there are some that are that are just not particularly on point. She's been asked about how critical race theory is taught in particular schools. She was asked about a particular school that happens to be Georgetown Day School, which is a private school.

So she she made a very strong valid point that that's not all that relevant given that they can teach whatever they want with a private school. Do you remember have you ever seen the movie? You've seen Office Space right?

Yes, not every I mean you've seen Office Space right. Yes. It's been a while. Yes and you remember there was you know they I can't remember what was the boss's name that no one really liked and he kind of walked around. He didn't really do anything. He just I see what he looks like, but he had the beard.

Yeah. I can't remember his name and so he would walk around and he was you know they had the TPS reports that were real meaningless. You know and he would go around and ask everybody about these TPS reports and he needed them and they were important and everybody knew that I try to do that to to our employees every day that I can affect them.

And. When when I think it was, I think it was Senator Cruz, I think Senator Cruz was doing that line of questioning, but he was asking a Supreme Court justice about again and we talked about what critical we didn't really talk about it, but we talked about PR and the way things are named and I felt like he was that boss in office space. You know he was asking a very smart person about something that maybe at least in that context was not very important.

Sure a Supreme Court justice isn't going to really deal with critical race theory and their opinions on the matter probably aren't very important, so I don't know what I don't know what you know. Maybe if you're listening, maybe you really like Senator Cruz. Maybe you don't. I didn't understand where he was going with that. I don't think she did either. She took a moment to think about it.

She handled it very well. It was a nice long pause and a slow blink. That's slow blink.

You always gotta worry when someone just blinks super slow at you, but I read that. I was like what is he? He's just wasting time and I think it's both sides. You know what the what was the last nominee that got confirmed that was Republican nominee. Was it Barrett?

Yeah, Amy. Yeah, I remember Senator Booker, so that was a Democrat in a kind of a different situation. There was a lot going on there, but he did that same thing. He asked her a lot of questions that I thought were just what's like they're trying to you get these politicians that are it's like they're trying to check boxes that they think their constituents care about like their base. That's exactly what it is.

That's all it is is like it. I don't know that he genuinely cares like he's a dog and pony show it. Oh yeah. Yeah and he I mean you gotta assume he understands she's gonna be confirmed so he knows this is gonna have no effect on that right. It's irrelevant. You know it's an irrelevant issue.

So it's just like he's saying things just to appease the more fervent base that he has and asking questions on any like controversial topics is gonna get that senator's face on TV. That's true. It is true cuz we heard about it and we're talking about that's right. So it works, but we're talking about how dumb it was too, though, basically, you know how how irrelevant it was.

You know it was completely irrelevant. All press is good press right is that I guess no such thing as bad publicity. There you go. There you go and then they have been questioning her on. Relevant topics like affirmative action potential affirmative action cases regarding Harvard that will be coming to the Supreme Court that is particularly relevant because she does sit on Harvard's governing board. So the discussion is whether or not she will recuse herself if she is added to the court and that case comes before them and so that is relevant cuz cuz that's that we've seen that in the past where you've had justices who had you know some sort of a vested interest in a case that actually recuse themselves. So I don't I mean I think that's fair game and and that isn't just a completely off the wall irrelevant.

Yeah. No, I think that I think that was at least you know relevant cuz like you said we've seen it. We've seen it happen before judges recusing themselves when they have a personal tie to a case is important. It's really important on the US Supreme Court though because. If you recuse yourself, no one's stepping in your place right. So if you're doing something on the district court level or you're doing something on the state level and a judge recuses themselves a lot of times, there's another similarly situated judge who can step in their place and take over US Supreme Court.

There ain't right. So if I had a Supreme Court justice recuses themselves and it's a you know a five four court or or whatever, then it's a big deal. Yeah. It's a deadlock potentially so you know, yeah, I see that being an issue and but yeah, it's interesting and I guess the reason that's a little more that's that's been a topic of discussion is because you've had it sounds like in the past you've had these justices where there was a potential issue like that they they came out up front and basically acknowledged initially that they would be recusing themselves and she hasn't done that so she's and she's not really commented on whether that would be the case. So I think there's some concern there among people, but again that's that's a more relevant issue. It's not just throwing a hot button issue out for the sake of throwing a hot button issue out that has no relevance.

Yeah. I don't I don't like to see the softball questions. I don't like to see the just irrelevant like how is she supposed to answer some of these questions? You know just like, but she did a very good job. And and it's good again, no matter what side of the fence you fall on when you're talking about the Supreme Court, you just want a good smart experienced justice sure and I think that I think she's going to be that. I think she's going to be that so I think she's a good one. That's what we should all want right.

That's what you should want. Good smart people in leadership positions. What a take that is. We should put that in some kind of bill and see if it makes it all the way through. We drafted a lot of legislation here today the that you have to take a test before you protest bill and the smart people. We need to workshop the name of that one. Yeah, one that will be in the headlines the smart leaders up with up with smart people up with smart people.

I like it. I like well we have we have good smart people here on the program today. We've got the outlaw lawyers, Josh Whitaker and Joe Hamer. We also have our special guest Cassandra Nicholas also an attorney at Whitaker and Hamer. I'm Ron Burgundy.

I'm just on the side. I'm again consumer advocates. That was a good movie. Yeah.

It's a fantastic movie, but again just a reminder. Josh and Joe are practicing attorneys here in North Carolina as is Cassandra and folks if you've got a legal situation that you're going through, I've got a number for you 800-659-1186. That's 800-659-1186. Just leave your contact information briefly what the call is about an attorney with Whitaker and Hamer will be in touch.

They have offices in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Verina and Gastonia. If you got a question you'd like answered on the show, we can do that in the future. Just send us the email now and we'll answer it in a future program questions at the outlaw and again a great website the outlaw

We're back right after this. Welcome back in to the Outlaw Lawyer. We have Josh Whitaker and Joe Hamer our hosts and we also have our special guest Cassandra Nicholas. She's also an attorney at Whitaker and Hamer and that's where you can find these three again. Josh and Joe managing partners. They're practicing attorneys here in the great state of North Carolina. They've got offices in Raleigh, Garner, Clayton, Goldsboro, Fuquay, Verina and Gastonia. I'm Morgan Patrick, consumer advocate.

We hit topics each and every week. You're going to have questions of your own from the legal side and if you do got a phone number for you 800-659-1186. That's 800-659-1186. Just leave your contact information briefly what the call is about an attorney with Whitaker and Hamer will be in touch and always you can email your questions to the program. We'll use those on future shows questions at guys Morgan. That's important and we we we get caught up talking about legal stuff cuz we like it so much, but we are practicing attorneys. We don't make our living over here doing the Outlaw Lawyer show as popular as it is that doesn't feed the kids. We are working attorneys.

So if you have a legal problem, you have a legal issue. Cassandra Joe me be happy to talk to you about it. Morgan always gives out the contact information so you can reach us there. Your message will get to the firm. We're happy to talk to you happy happy to help you so we should always point that out.

I don't think we point that out enough. We are attorneys that we it's true. Well and and again, I'm you know I'm I'm here. I work with the guys and you know Cassandra when she comes in, but it's it's it's clear you guys not only work you know in the attorney field, but you you really enjoy it.

You you basically geek out on it and that's a good thing. II certainly want my attorney engaged if I'm working with somebody we do we do. It's it's it's it's it's a job.

It's also a passion and it's something we enjoy and I think that's what's made the firm so successful is that we do really enjoy. We'll enjoy what we do, but Joe what do you got on the docket for this week? Man you I just had a random thought you mentioned that the lawyer doesn't feed the kids and I just had a vision of like you sitting your kids at the table. I'm like dad. I'm hungry. You're like no son. How was the show this week?

He's blasting the you're going to eat this. How is the show not good enough? I'm going to watch basketball Josh because I care about it and what are you going to do if you're not going to watch basketball? Well, I've been trying to how much can you watch it?

I'm I'm working my way back through season. Is it season eight when you watch it backwards? No, I can't watch you can't watch the first.

I can't rewatch like the season one and season two of anything like I always have to start like season in the middle. Okay. Yeah. Yeah. Did you watch Duke Carolina at Duke the final regular season game?

Seinfeld was I was in. Yeah. He was there.

He's a curse to the Duke program. His kids one of his kids go there's a lot of celebrities there. I didn't it was on. I was in a restaurant and it was on while I was in there, so I saw some of it, but I didn't pay attention. Yeah. Very good ending. Yeah, it was a good ending if you're a Carolina fan. No, he's he's talking about after the game was over the game was terrible, but after the game you got to hear coach K speak.

That's exactly what I was talking about fantastic. He really spoke. No, it was terrible man because he's a competitor and like you're you don't like to lose right now.

I mean you don't get like really upset about it, but imagine you were like a major competitor and he just loses well and I'll just say this imagine you're eighteen to twenty-one. Yeah. Alright. You're shooting up for Duke.

It's his it's coach K's final home game. There are eighty former players sitting behind your bench tons of celebrities and a lot of those eighty players were first team all Americans. Yeah. National players of the year national champions.

That's nerve wracking and it's a lot you are the load is okay. We got five guys. We've gotta go out and win the pressure was not on you and see and they I mean they played well, but man they did fine early because it was tight at the end.

It was like you could just see it man. I think they're more relaxed now. We'll see how they do in the tournament by the time this airs both Duke and Carolina would have played their sweet sixteen game. So we've you know we'll see how they do and obviously we'll chat about it next week. So we're in the studio. We always come in the studio Wednesday morning. So depending on how you know if you're watching this on YouTube radio podcast, you could be hearing us Friday Saturday Sunday.

So of course those Thursday games will already have gone. What is and this is I'm sorry. This is another stupid question.

How is it set up? So if Carolina and Duke make it would they meet like the final four or would they be okay? Yeah. So they would national semi Carolina's got a good chance man. Carolina's not got many difficult teams remaining in that bracket, but Carolina is a team that can beat anybody and then they can be horrible and get destroyed by not great teams either, but lately they've played to their credit. They've played very well. They've played very very well. I'm going to ignore it and just keep watching hurricanes games. So you didn't watch so you didn't watch Carolina Baylor game at all either. That's a great game.

No, I thought by five with 10 minutes left and then they come almost completely blew it. So very interesting. It's not important. I'd like to get back to the outlaw lawyer movie brackets. We need to do that. That's a thing.

We spent a lot of time putting those brackets together. Josh you you teased us and then it's gone away. We should probably we should probably do that. We have to watch the movies. You've seen what three of them total you gotta what you you're the hold up now.

We only have a couple weeks left of the basketball season. If we're going to do the you know, yeah, yeah, we should we should do that. We should bring it back and have some sort of what we're going to do. We're going to do like a fan vote. Throw it up on the social media or we can just arbitrarily decide argue about it.

That's probably yeah. We just argue about it and then Cassandra gets to tell us who she got. It's one to one.

She's a type of like you. How about we do it. You still don't see the movie. You just make up what you think. No wait. Wait wait. This is this is the person that put a Pauly Shore movie. We took it out in the bracket.

You know I gave you that credit, but it was in there to begin with and I almost fell off my chair. It's on record forever. Yeah.

It's only permanently. Pauly Shore still alive. He's alive. Yeah. He's alive. Yes. Yeah. He is alive. I think his mom died. His mom was his mom. Yeah. Mitzi Shore on the comedy store. Yeah.

He's alive the pretty much the same too. What do we we took the Pauly Shore movie out and we put in. I think we put in Big Daddy because I watched Big Daddy for the another classic 250. There's a custody. Yeah. The whole thing. Yeah.

Trust me. This is a legitimate legal tournament like and don't encourage. Yeah. I mean with this new YouTube format, there's so many options. We can throw them on little clips of the videos. Yes, then get sued by the movie makers.

Just a picture. That's true. You're going to sue us over our legal movie. It's fair use for under 10 seconds on YouTube. See this is why we bring you on the show. There we go.

No daylight savings. No. That's one of the things once you've been a lawyer for long enough, the prospect of getting sued is less and less and less of a threat.

You know like if somebody threatened to sue me when I was 21 years old, I probably would have been you know shaking in my boots. Yeah. You know now it's like whatever. Alright. Just yeah. just do it.

put it in the paper. Yeah. So now we're going to have a rush of suits against the outlaw lawyer. We didn't answer any question about the the tournament whether it's going to be like we I think I think next week we'll bring it back. Okay. And we'll we'll do some votes. We'll try to get it wrapped up. So it may be what was the national title game like April the third. Well next weekend, you've got Elite Eight is the final game. Then you got the week after that be the final four. Oh yeah. It comes out play on Monday. Yeah.

National title game. Yeah. Oh yeah.

So we'll have to do that. I'll have to put some time a lot of the more serious movies. I definitely haven't seen there was something like the yeah. There's like 444. How many was there for you've seen like four of the movies total at four. You have four pods, four movies. Yeah.

So 16. You've got some work to do. You're not watching basketball. What else are you doing? Go watch your movies.

When I get through the final season of Seinfeld again, I will maybe try to watch. I mean some of those movies I can't imagine are very good. You picked them.

You picked some. Okay. Fair enough. Yeah. Well, Morgan in summation, we'll bring back the movie tournament. We'll get it finished off and and put it to arrest. Alright.

Well, there you go. Another edition of the Outlaw Lawyers in the books. Big thank you to Cassandra Nicholas, also an attorney at Whittaker and Hamer joining us on set today.

Folks, if you've got any legal situation that it, you know, you're up against, you've got questions. Here's the phone number for you. 800-659-1186. That's 800-659-1186.

Leave your contact information briefly what the call is about and an attorney with Whittaker and Hamer will be in touch. You can always email your questions to the program. We'll answer them on future shows. Questions at the Got another one in the books for this week.

We'll see you next week right here. Outlaw Lawyer is hosted by an attorney licensed to practice law in North Carolina. Some of the guests appearing on the show may be licensed North Carolina attorneys. Discussion of the show is meant to be general in nature and in no way should the discussion be interpreted as legal advice. Legal advice can only be rendered once an attorney licensed in the state in which you live. Have the opportunity to discuss the facts of your case with you. The attorneys appearing on the show are speaking in generalities about the law in North Carolina and how these laws affect the average North Carolinian. If you have any questions about the content of the show, contact us directly.
Whisper: medium.en / 2023-05-15 15:03:07 / 2023-05-15 15:28:13 / 25

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