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Steve Vladeck's Taxonomy of Court Reform

Opening Arguments

Release Date: 05/13/2024

Did Biden Do a Good Immigration Thing? show art Did Biden Do a Good Immigration Thing?

Opening Arguments

OA1043 This week: good immigration news! The Biden administration announced on June 17th that it will be moving forward with a plan to offer a pathway to citizenship for immigrants married to U.S. citizens who have been in the country for more than 10 years through a special “parole-in-place” program. Why does current U.S. immigration law make it so difficult--and sometimes impossible--for so many people who are  in loving long-term relationships with U.S. citizens to “do it the right way?” Matt breaks down the legal and historical context of the most important executive action on...

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OA Bar Prep with Heather! T3BE29 show art OA Bar Prep with Heather! T3BE29

Opening Arguments

The answer for T3BE28 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at !  

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A Critical Race Theory Analysis of Critical Race Theory Bans show art A Critical Race Theory Analysis of Critical Race Theory Bans

Opening Arguments

OA1042 Several years ago, Christopher Rufo created a bogeyman that rallied the Right across the United States to seek bans in educational environments of "divisive concepts" such as Critical Race Theory. Since the entire effort was obviously... racist, the CRT bans themselves are just perfect for a CRT analysis, and  is here to lead us in a classic OA Deep Dive! Caroline is a law professor at the University of Miami, focusing on the First Amendment's speech and religion clauses, reproductive justice, and the principle of equality that should run through it all. Be sure to check out...

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Harvey Weinstein's NY Conviction Was Overturned. So Who Effed Up? show art Harvey Weinstein's NY Conviction Was Overturned. So Who Effed Up?

Opening Arguments

OA1041 NY defense attorney Liz Skeen is here to break this decision down. Did the Court mess it up? Or is something more complicated and unexpected happening? The answer might surprise you. Content note/trigger warning. For exactly what you'd think. If you’d like to support the show (and lose the ads!), please pledge at !

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OA Bar Prep with Heather! T3BE28 show art OA Bar Prep with Heather! T3BE28

Opening Arguments

The answer for T3BE27 is coming your way, and we launch our next Bar Prep question with Heather! Right now, the best place to play (if you aren't a patron...) is at reddit.com/r/openargs! If you’d like to support the show (and lose the ads!), please pledge at !

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Hunter Biden's Trial Is Everything MAGA Thinks The Trump Trial Was show art Hunter Biden's Trial Is Everything MAGA Thinks The Trump Trial Was

Opening Arguments

OA1040 We begin in Florida with yet more of Judge Aileen Cannon's efforts to delay Donald Trump's federal case, including a demand for Jack Smith to be nicer to Trump's lawyers and her decision to allow non-parties to join the fun and make arguments in an upcoming hearing about whether Smith was properly appointed to prosecute Trump at all. Hunter Biden's federal trial began this week in Delaware on charges relating to his purchase and possession of a gun which he owned for 11 days in 2018. Matt breaks down the history of this investigation, the charges, and how this case ended up going to...

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Biden’s Border Action - An Objective, Nuanced Explainer show art Biden’s Border Action - An Objective, Nuanced Explainer

Opening Arguments

OA1039 Trump’s prosecution for election interference in Georgia was just stayed by the Court of Appeals, leaving no chance that this trial will proceed before November. What happened, and how unexpected was this delay? We investigate. We then turn to our main story: Biden administration’s executive actions to “shut down the border” and close the door to asylum for many people who would otherwise be eligible. Matt explains what’s actually going on here and how much of it was already in place before we consider the practical and political consequences of Joe Biden effectively carrying...

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OA Bar Prep with Heather! T3BE27 show art OA Bar Prep with Heather! T3BE27

Opening Arguments

OA's Official Bar Tutor returns! We've got the answer to Question 26, but with Heather's signature style where we're going to learn a whole lot along the way. Then, in Question 27, we've got some Constitutional Law! Be sure to play along by submitting your answer! Use #T3BE, or play on reddit.com/r/openargs!

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Supreme Court To Decide If Being Homeless Can Be A Crime show art Supreme Court To Decide If Being Homeless Can Be A Crime

Opening Arguments

OA1038 Today we're joined by Vox Senior Correspondent, Ian Millhiser! In his reporting, Ian focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. Ian gives us an excellent and comprehensive breakdown of Grants Pass v. Johnson, a case that could be decided any day now. As usual with this Court, the question is: How scared should we be? Check out Ian's If you’d like to support the show (and lose the ads!), please pledge at !

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Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty and… GUILTY show art Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty Guilty and… GUILTY

Opening Arguments

OA1037 THE JURY IS IN! Opening Arguments is coming at you LIVE AND UNEDITED today as we react in realtime to the announcement of the verdict in People v. Trump--conveniently timed for exactly the time that we had already planned to record this week! We also take a look at the lengthy closing arguments from both sides and Matt answers patron questions about some of New York’s more unusual trial practices before getting into what we can expect next. We finish out the fun with Thomas’s dramatic reading of Samuel Alito’s indignant, mendacious, and entirely unsolicited response to the...

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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 piece 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 The Shadow Docket, which will be released on paperback soon, and subscribe to One First to get more of Steve's great coverage!

Then we reveal the answer to last episode's T3BE; did Thomas successfully determine the fate of Rebecca the violinist? And who from the audience will be the lucky winner?!

Remember to head over to www.patreon.com/gavelpod to follow our Trump Trial coverage ahead of the public release of the show!

If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!