Why Is Alito Like This
Opening Arguments
OA 1034 With the recent news that a sitting Supreme Court justice was publicly displaying support for Trump’s attempted coup in the days between January 6, 2021 and Joe Biden’s inauguration, it’s time to ask: Is Samuel Alito actually worse than our very low opinion of him? Also who could have possibly known that a hard-right Reagan/Buckley conservative who has been publicly advocating for ending abortion rights since 1985 would turn out to be the ultra-right Trump/Scalia conservative who ended abortion rights in 2022? We take these questions on after a quick look at the latest...
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Liz Warren's CFPB Saved By... Originalism?
Opening Arguments
OA1033 We begin with a quick check-in on Trump’s trial in New York, from the recent appellate ruling on his gag order Todd Blanche's bizarrely personal start to his cross-examination of the most important witness in one of the most important criminal trials in US history. Matt then explains why it might be a felony to run for governor in Washington State if your name is Bob Ferguson. Then: Clarence Thomas just rejected an originalist 5th Circuit ruling to save the Consumer Protection Finance Bureau on behalf of a 7-2 court--with Alito dissenting for totally different originalist...
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Steve Vladeck's Taxonomy of Court Reform
Opening Arguments
OA1032 We're very pleased to welcome Steve Vladeck on the show to talk about what's going on with the Supreme Court these days, and how shadowy their docket has been recently. We then dig into (and debate a touch) a recent he wrote regarding a different way to conceptualize about court reform, and what he personally sees as viable and appropriate among the various proposals for change. Be sure to read which will be released on paperback soon, and subscribe to to get more of Steve's great coverage! Then we reveal the answer to last episode's T3BE; did Thomas successfully...
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Cannabis Rescheduling; Judge Cannon Stops Trump Trial
Opening Arguments
OA1031 First up, BIG ANNOUNCEMENTS!!! The Trump Trial Transcript readings will now only be available on ! Details inside. Then: the Biden administration is moving forward with rescheduling marijuana to a lower federal classification--and Matt is not happy about it? Find out why this long-overdue acknowledgment of the over-criminalization of cannabis may not only be too little too late, but actually the wrong direction for criminal and social justice. And speaking of justice gone wrong: Aileen Cannon. Fort Pierce, Florida’s best (and only) federal trial judge has once again put off...
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Trump's Attorney Fails To Impeach Witness So Badly He's Forced To Apologize
Opening Arguments
OA1030: Trump Trial, Week 2, Part 2! This episode centers around David Pecker's testimony and it's basically rock solid. Trump's attorneys are desperate, so Mr. Bove goes for the juggler! And then everyone has to explain it's actually "jugular" why in the world would you go for the "juggler?" Why would that be the idiom? In what world are jugglers like, crucial components of anything, at which you would want to go in order to really hurt someone or something? Maybe at circuses? They're arguably not even that important to circuses though, don't they just mess around in between way better acts...
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Judge Merchan: I Have Nothing BUT Contempt for This Trump
Opening Arguments
OA1029: Trump Trial, Week 2, Part 1! Lordy, there are tapes! Our special coverage of People v. Trump continues, now with readings from Juilliard-trained, Tony-winning actors Thomas and Lydia Smith! (none of that is true except possibly our names.) Donald Trump is now the first U.S. President ever to be held in contempt of court. Exactly how criminal is "criminal contempt" in New York, and what does this mean for the rest of the trial? Also, Matt takes us on a fascinating mini-dive on the National Enquirer. It has a very interesting history you might not be familiar with. Then start getting...
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Just How Bad Were the Oral Arguments Re: Presidential Immunity?
Opening Arguments
Episode 1028 Can a former President of the United States be prosecuted for trying to overturn a democratic election? The Supreme Court just spent two hours and forty minutes (!) hearing a case in which they were supposed to be reviewing this simple question and Donald Trump’s claims of total immunity. We review the last oral argument of this term and try to cut through the bad faith, irrelevance, and misdirection to understand what is actually happening here and where it all might be going. (8/1/23) . (4/25/24) If you’d like to support the show (and lose the ads!),...
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Your Guide to The People v. Trump
Opening Arguments
As the first week of the first criminal trial of a former President in U.S. history wraps up, we prepare for our special coverage of People v. Trump by stepping back to remember how we got here. Why is Donald Trump being prosecuted for paying off Stormy Daniels, anyway? Who are all of these people? How good is the prosecution’s case, really? And what can we expect from the defense? We also answer a few patron questions about the trial, after which subscribers will enjoy a dramatic rendition of the best bit of this week’s gag order violation hearing: Trump attorney Todd...
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The Trump Trial Is On, and Lordy There Are Transcripts!
Opening Arguments
Episode 1026 The transcript is in! The first official written record from the first trial of a former President in U.S. history was just released hours before recording, and we dig in for a first look from the first full day of proceedings (Monday April 23rd) to find out which of the 45th president's many misdeeds the court ruled that prosecutors will be allowed to bring up during cross-examination. We also indulge in some dramatic readings of each party's opening statements, and discuss what we can learn from them about the Manhattan DA's case and Trump's defense to 34 felony counts of...
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Did The Supreme Court Just Make Protest Illegal In 3 States?
Opening Arguments
Episode 1025 Today we take on two law stories the media have been getting wrong recently. 1) Did the Supreme Court just "end the right to protest in three states"? We go beyond the headlines to better understand Justice Sonia Sotomayor's denial of certiorari in a negligence suit brought against Black Lives Matter organizer Deray McKesson by a police officer injured during a BLM protest in Baton Rouge. 2) Biden's border. The impeachment of DHS Secretary Alejandro Mayorkas ended last week in the Senate before it ever began, but the lies, misinformation, and terrible reporting which...
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First up, BIG ANNOUNCEMENTS!!! The Trump Trial Transcript readings will now only be available on patreon.com/gavelpod! Details inside.
Then: the Biden administration is moving forward with rescheduling marijuana to a lower federal classification--and Matt is not happy about it? Find out why this long-overdue acknowledgment of the over-criminalization of cannabis may not only be too little too late, but actually the wrong direction for criminal and social justice.
And speaking of justice gone wrong: Aileen Cannon. Fort Pierce, Florida’s best (and only) federal trial judge has once again put off Trump’s classified documents case, this time with no end in sight. We take a closer look at what she is actually doing here before checking in on Trump’s latest success in delaying his RICO trial for election interference in Georgia.
We finish up with Thomas Takes the Bar Exam, in which Thomas find out how he did in the strange case of the arsonist who doesn't understand how fire works before wagering his eternal soul on a new question about a sick violinist.
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Formal HHS recommendation that cannabis be moved to Schedule III (8/29/23)
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“Legalize it All,” Dan Baum, Harper’s (April 2016)(source of 1994 John Ehrlichman quote as personally recorded by the author)
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The Cannabis Administration and Opportunity Act (2022 Senate bill removing marijuana from federal drug schedules and putting it under FDA regulation reintroduced by Chuck Schumer on 5/1/2024)
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Judge Cannon’s Order Setting Second Set of Pretrial Deadlines/Hearings (5/7/24)
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