Opening Arguments
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!
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Judge Eviscerates Blanche’s DOJ, Tosses Abrego Garcia Indictment
05/29/2026
Judge Eviscerates Blanche’s DOJ, Tosses Abrego Garcia Indictment
OA1265 - THIS IS SUCH A GOOD NEWS SHOW. Seriously. It was so good that Matt invented a new form of entertainment that you need to hear about. We've got Markwayne saying possibly THE dumbest thing a cabinet member has ever said. We've got a judge absolutely schooling Trump's corrupt DOJ and dismissing the bogus Kilmar Abrego Garcia indictment, AND we've got some interesting emolument talk. Can Florida just give Trump land?
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Did Trump’s DHS Just End Green Cards? Not Exactly.
05/27/2026
Did Trump’s DHS Just End Green Cards? Not Exactly.
VR33 - Did Trump’s DHS really just “end greencards” for people living in the US? Is everyone here on a visa going to have to return to their home countries--potentially with legal bars to returning of ten years or more--to process their cases? Who is the USCIS policy memo on “adjustment of status” to permanent residency which has caused massive amounts of fear and uncertainty in immigrant communities around the country this past weekend actually targeting, and who might still be able to get through? As always, the answers to these questions are much more nuanced than a 30-second viral video could ever convey and there is real reason to hope beyond the headlines. Matt has written some of the most thorough analysis yet published since the memo’s release and he is here to tell us that it is many ways both much better and in others much worse than reported. We take a closer look at what the media coverage of this story has gotten wrong (and what it has missed) while going deep on the alleged legal justifications for this new interpretation of the law to see how it all holds up. USCIS Policy Memorandum dated 5/21/26 Matt Cameron, DEPORTNATION (5/23/26) “,” Matt Cameron, DEPORTNATION (May 27, 2026) , Int. Dec. #2485, BIA (1974)(adopted by AG 1976) , Int. Dec. #2027, BIA (1970)
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Woman in Labor Spent 3 Hours Fighting a Judge on Zoom to Avoid a Forced C-Section
05/25/2026
Woman in Labor Spent 3 Hours Fighting a Judge on Zoom to Avoid a Forced C-Section
OA1264 - Sherise Doyley was in the early stages of labor, in a hospital bed, preparing to deliver her baby, when nurses wheeled in a computer. On the screen was a judge, notifying her of an emergency order by the State of Florida to attempt to force her to undergo a C-section, instead of first attempting vaginal delivery. For 3 hours she advocated for herself, without an attorney, barely covered in a hospital gown. How was any of this legal? What is happening? Jenessa breaks down the history of our rights to make our own medical decisions and how that is legally modified in pregnancy, Lydia shares her own birth experience and how these situations could be handled with actual compassion, and Thomas holds very still in hopes our eyes are based on movement (just kidding, Thomas is very supportive and also outraged). Come rage against the machine with us and hopefully breathe life into a revived pro-choice movement, before it’s too late. Amy Yurkanin (Mar. 14, 2026), , ProPublica. Anuli Njoku, Marian Evans, Lillian Nimo-Sefah, & Jonell Bailey (2023). , 11 Healthcare 438. Brad N. Greenwood, Rachel R. Hardeman, Laura Huang, & Aaron Sojourner (2020), , 117 Proceedings of the National Academy of Sciences 21194. (Dec. 18, 2025). Data from the Pregnancy Mortality Surveillance System, CDC. Bracey Harris & Elizabeth Chuck (Jan. 9, 2026), , NBC News. Camila Domonoske (Apr. 17, 2018), , NPR. Megan L. Swanson, Sara Whetstone, Tushani Illangasekare, & Amy (Meg) Autry (2021), , 5 Health Equity 353. Nicole Loy (May 16, 2025), , The Healthcare Review at Cornell University. Jess Mador (July 29, 2025), , KFF Health News. (June 2025), , Pregnancy Justice. , 197 U.S. 11 (1905) , 342 U.S. 165 (1952) , Missouri Dep't of Health, 497 U.S. 261 (1990) , 494 U.S. 210 (1990) , 410 U.S. 113 (1973) , 505 U.S. 833 (1992) , 597 U.S. 215 (2022) , 509 U.S. 312 (1993) , 563 S.W.2d 197 (1978) , 6 Mass. App. Ct. 377 (1978) , Mich. Ct. Cl. (2026) (Apr. 20, 2026), , Compassion & Choices. Check out the OA for all the places to go and things to do!
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The Biggest Scandal in US History. Todd Blanche Should Be in Prison. And Trump, Obviously.
05/22/2026
The Biggest Scandal in US History. Todd Blanche Should Be in Prison. And Trump, Obviously.
OA1263 - Two of the most egregiously impeachable things ever to happen in the United States have just occurred on the same day this week: The so-called “settlement” between Donald Trump and his own IRS which guarantees his immunity from consequences for any financial a slush fund for his friends and family and A Texas federal judge forcing a Rhode Island hospital to turn over records for trans kids while also attempting to specifically limit where this order can be challenged--and making absurd threats to anyone who even thinks about talking about challenging it We take a closer look at the alleged legal basis for both actions and how the Trump “settlement” compares to the previous record-holder for Presidential financial corruption set 123 years ago before getting on to much better news in today’s footnote: an underdog Boston lawyer who has taken to the mic to call out some much bigger law dogs. “, President Donald Trump et al. v. Internal Revenue Service et al. (5/18/2026) , Office of the Attorney General (5/19/2026) , President Donald Trump et al. v. Internal Revenue Service et al., Southern District of Florida (5/18/2026) , Harry Dunn and Daniel Hodges v. Donald J. Trump, D.C. District Court (5/20/2026) , In RE: Motion to Quash Administrative Subpoena to Rhode Island Hospital, First Cir. (5/19/2026) , In Re: Administrative Subpoena 25-1431-032 to Rhode Island Hospital, Rhode Island District Court (5/4/2026) on Instagram Check out the OA for all the places to go and things to do!
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MAGA Says the ’60s Were Too Woke and Wants Racial Immigration Quotas Back
05/20/2026
MAGA Says the ’60s Were Too Woke and Wants Racial Immigration Quotas Back
VR32 - As the economic effects of Trump’s war of choice in the Middle East begin to hit home, his party is playing the one card it has going into the midterms: the promise of fully restoring open white supremacy to the US immigration system. We begin with a sampler platter of amuse douche from a recent episode of Tim Pool’s podcast–mercifully free of Tim Pool–to get a sense of how the MAGA right is talking about immigration reform these days. Matt then gives a brief history lesson about the openly racist origins of the Immigration Act of 1924 and the Cold War origins of the 1965 Hart-Celler bill which Republicans are now trying to repeal before we dive into the main course: a recent piece in The Federalist written in support of Rep. Andy Ogle’s Assimilation Act. Why do these people hate families so much? Can Congress really end birthright citizenship? And can you really build an entire thinkpiece entirely out of red flags? Join us this week on Vapid Response Wednesday to find out. The ’s website (1952) (John Daniel Davidson, The Federalist; 5/15/2026) Check out the OA for all the places to go and things to do!
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When Alito’s Jurisprudence Is Kavanaughs All the Way Down
05/18/2026
When Alito’s Jurisprudence Is Kavanaughs All the Way Down
OA1262 - How are a car accident in California, a tax fraud case in Nevada, and two bus accidents in New York and Pennsylvania all connected to the Dobbs abortion case? Find out on this week’s accidental too-deep dive into state sovereignty. Jenessa read a bunch of extra cases just to be thorough, and accidentally uncovered Kavanaugh planting the seeds that would grow into the “egregiously wrong” “rule” for ignoring stare decisis. But also mostly we’ll talk about the weird world of state sovereignty, Clarence Thomas being obnoxious and ahistorical while accusing everyone else of being ahistorical, and Sotomayor getting some peace for a change to write a pleasant little 9-0 decision about some non-partisan procedural legal nerdery that benefits injured plaintiffs. , 440 U.S. 410 (1979) , 587 U.S. 230 (2019) Listen to oral arguments on Oyez: Timestamp for Kavanaugh dropping the “egregiously wrong” bomb: 50:47 , 590 U.S. 83 (2020), Kavanaugh concurrence , 597 U.S. 215 (2022) , 607 U.S. ___ (2026) The “major questions doctrine” Kavanaugh inception timeline: U.S. Telecom Association v. F.C.C., 855 F.3d 381, 422-423 (D.C. Cir 2017), Kavanaugh dissent , 84 Fed. Reg. 32520, 32529 (proposed Jul. 8, 2019) (to be codified at 40 C.F.R. pt. 60). , 597 U.S. 697 (2022) Additional sources: Episodes 1229 & 1230 for an in-depth explanation of immunities, including state and federal sovereign immunity: “The complicated web of immunities that makes accountability so difficult” , 2 U.S. 419 (1793) , 134 U.S. 1 (1890) , 209 U.S. 123 (1908) Check out the OA for all the places to go and things to do!
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We May Get All the Files on Renée Good's Killing... Because of a Different Case
05/15/2026
We May Get All the Files on Renée Good's Killing... Because of a Different Case
OA1261 - Today on Rapid Response Friday: a new fight for reproductive rights reaches SCOTUS, (some) justice on ICE, and two very different kinds of dicks get their day in court. (N.B.: Shortly after this recording, the Supreme Court entered a full stay in the mifepristone case pending disposition of a certiorari petition 7-2 (Thomas & Alito dissenting).) , filed Oct 6, 2025 (5/14/26) , Fox10 (11/21/2025) Check out the OA for all the places to go and things to do!
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Clarence Thomas Delivers An Incomprehensibly Stupid Speech
05/13/2026
Clarence Thomas Delivers An Incomprehensibly Stupid Speech
VR31 - Is Justice Clarence Thomas the single most interesting person in American public life right now? Matt is here to argue that case upon the dismal milestone of Thomas officially becoming the second longest-serving justice in US Supreme Court history. After a brief homage to Anita Hill’s tenacity at Thomas’s 1991 Senate confirmation hearing, we try to better understand the mind of this unusual man who has done uniquely massive amounts of damage to our legal system and our rights through a review of a speech he recently delivered at the University of Texas at Austin’s Civitas Institute. Why did a former supporter of Malcolm X and the Black Panthers get fully behind the Reagan agenda, and why does he now believe that there is nothing wrong with Black Americans that harsher policing, the end of affirmative action, and lowering taxes on billionaires can’t fix? Does he know that the intended audience of libertarian conservative Black nationalists he is trying to speak to is approximately the same size as the dedicated core of lefty capital-P Progressive devotees of Woodrow Wilson he is telling them to fear? Also, perhaps less importantly--where, exactly, is “Skanksville”? Clarence Thomas (full text of address given April 20, 2026)() , Corey Robin (2019)
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Callais Is Worse Than You Think. No, Even More Worse. Nope, STILL WORSE THAN THAT.
05/11/2026
Callais Is Worse Than You Think. No, Even More Worse. Nope, STILL WORSE THAN THAT.
OA1260 - The Supreme Court lectures us on the right way to combat racism, which is to close our eyes and pretend it’s not happening. In Louisiana v. Callais… the court guts the Voting Rights Act, weaponizes the 14th Amendment against prevention of racial discrimination in the name of preventing racial discrimination, and opens the door to banning basically all government or government-sponsored practices designed to combat racism. Or national origin discrimination. And probably gender discrimination. However bad you’ve heard this is, it’s worse. Listen to Jenessa and Thomas slowly lose their minds as they game out the myriad implications of this nonsense. Previous episode on this topic: 1199 “They’re Going to End the Voting Rights Act. But at Least We Got to Hear KBJ Murder a Guy in Court” If Matt has a footnote fetish(tm), I guess Jenessa has a shownote fetish because she has so many that I need to put it in a .
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James Comey, Seashell Assassin
05/08/2026
James Comey, Seashell Assassin
OA1259 - This week in Rapid Response Friday: who is the government protecting but not binding these days--and who are they binding but not protecting? We consider DOJ’s newest low in the absurd indictment of former FBI director James Comey for two counts of aggravated beach photography before moving on to a roundup of the federal government’s latest openly corrupt settlements with MAGA friends and supporters. Finally in today’s footnote: are Massachusetts police okay? (4/26/26) (4/6/26) (filed 1/5/2024) (J6 suit) Check out the OA for all the places to go and things to do!
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LAM1013: Bull
05/06/2026
LAM1013: Bull
Hey folks! Instead of VR this week we're putting out an episode-length preview of the latest Law'd Awful Movies! It's the TV show Bull. It sucks. And it's supposed to be about Dr. Phil? This thing is weird.
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Is Social Media the Asbestos of the Internet? with Matthew Bergman
05/04/2026
Is Social Media the Asbestos of the Internet? with Matthew Bergman
OA1258 - The Social Media Victims Law Center just made history in a Los Angeles courtroom by holding Meta and Google accountable for mental health harms which they successfully argued to a jury knowingly caused harm to children. In a novel legal theory, these plaintiffs argued that they were harmed not through a lack of content moderation or other editorial choices which might otherwise be protected by Section 230 of the Communications Decency Act, but by the fundamental design of platforms like Facebook, Instagram, TikTok, and Youtube. SMVLC founder Matthew Bergman joins to share how his decades of litigating on behalf of people harmed by asbestos brought him to this groundbreaking lawsuit and what it might mean for the thousands of other actions the SMVLC has brought around the US, as well as the upcoming claims which will be litigated by state AGs later this year. Where do the immunities guaranteed by Section 230 of the Communications Decency Act end and the harmful and potentially addicting features which social media platforms have knowingly baked into the design of their platforms begin? Is “social media addiction” a demonstrable mental health issue or just a way to pathologize a bad habit? And could these well-meaning suits pose any threats to our privacy and civil liberties in the name of protecting children? We take on these and many more of the questions raised by some of the most fascinating and controversial civil litigation of the 21st century so far. from Lewis & Clark Law’s website website , Natasha Dow Shull, Princeton University Press (2014) , 995 F.3d 1085 (9th Cir. 2021) Check out the OA for all the places to go and things to do!
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Thomas and Lydia Take the Marriage Exam
05/01/2026
Thomas and Lydia Take the Marriage Exam
In this very special episode, Thomas and Lydia Smith celebrate their 11th wedding anniversary in the most normal and romantic way possible: subjecting themselves to an extended interrogation about their marriage by a federal agent. After setting the scene in a (very slightly) parallel universe in which Thomas was born in Canada and committed a series of Nickelback-related misdemeanors before overstaying his student visa, Matt draws from his twenty years of experience in sitting through hundreds of immigration interviews to play out an unscripted simulation of what his clients and their U.S. citizen spouses go through when they are applying for residency through marriage. We then reconvene to review how the Smiths did, and Matt takes us through some of the legal issues raised in this interview as well as some of the more interesting aspects of the residency process generally. Finally, we discuss some of the weirder aspects of the law surrounding immigration through marriage beyond the facts of this interview, including (among many others): --Do you really have to prove to the satisfaction of an immigration officer that your marriage includes sex? --Why might the US government refuse to recognize a prior divorce from your home country? --Will federal immigration authorities really recognize a Zoom wedding conducted from completely different continents? --Can you bring multiple partners if you are coming from a country where polygamy is legal? U.S. Citizenship and Immigration Services (1/20/2025 edition) Congressional Research Service (5/28/21) , 12 I&N Dec. 663 (BIA 1968) “,” 22 Hastings J. Gender & L. 55 (2011) Claire A. Smearman, Berkeley Journal of Immigration Law (Dec. 2009)
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DOJ Asks Judge to Grant Trump an Emergency Ballroom
04/29/2026
DOJ Asks Judge to Grant Trump an Emergency Ballroom
The United States Department of Justice has reached a humiliating but undeniably hilarious new low in its defense of Donald Trump's illegal efforts to create a massive new building on the White House grounds without approval from his Congressional landlords.. Are the president's balls really a matter of national security? Did three of the most important people in DOJ really just put their names on a filing which reads more like a Trutth Social post than a serious motion in a serious case? We waltz in for a closer look. (3/31/2026) (4/27/2026)
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When You Oppose War, But Not Religiously
04/27/2026
When You Oppose War, But Not Religiously
OA1256 - Will there ever be a draft again? Who knows. But if there is, what does one have to do to claim "conscientious objector” status? During the Vietnam War, the Supreme Court grappled with how to apply that explicitly religious statutory exemption to people whose modern beliefs don’t seem to fit the religious mold that Congress defined in the 40s. Jenessa walks us through the court’s mental gymnastics to avoid ever admitting that anyone could be an atheist, and the concurrence that calls it out. Note: The analysis of the Free Exercise Clause in this episode is specific to the time period of these cases. It got more complicated in the 90s (see sources below). , 380 U.S. 163 (1965). , 398 U.S. 333 (1970). Roger M. Sanborn, , 6 Santa Clara Lawyer 230 (1965). Kali Martin, (October 16, 2020), , The National WWII Museum. Albert Q. Maisel, (May 6, 1946), Bedlam: Most US Mental Hospitals are a Shame and a Disgrace, Life Magazine at 102-118. (without the old-timey ads or graphic photos) (CW: Graphic photos of abuse of patients in mental health hospitals) . Friends United Meeting. Karlo Broussard, , Catholic Answers. , 370 U.S. 421 (1962) 1963: Even facially-neutral generally-applicable laws have to pass strict scrutiny if they burden the free exercise of religion , 374 U.S. 398 (1963) 1990: Never mind it’s rational basis , 494 U.S. 872 (1990) 1993: Just kidding it’s strict scrutiny again (RFRA) 42 U.S.C. § 2000bb 1997: Just kidding that only applies to the federal government , 521 U.S. 507 (1997) 2000: Nope it’s strict scrutiny for state and local government again (well… if it relates to land use or prisons) (RLUIPA) 42 U.S.C. § 2000cc For a summary: Cassandra M. Vogel, , 78 Brook L. Rev. (2013). Check out the OA for all the places to go and things to do!
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SPLC Indicted for Being the SPLC; 10 Commandments in Classrooms; Trump’s Stupid Ballroom
04/24/2026
SPLC Indicted for Being the SPLC; 10 Commandments in Classrooms; Trump’s Stupid Ballroom
OA1255 - Has the Southern Poverty Law Center really just been indicted for helping to provide information to the FBI? Did the Trump administration really just tell a federal judge that building a White House ballroom was a matter of “national security”? Did the 5th Circuit really just require Texas to display the 10 Commandments in every public school classroom? We take on these questions and many more before getting to our footnote: Did a Rolls-Royce hating bear really just commit insurance fraud in California? Indictment in (filed April 21, 2026) , Public Citizen (April 22, 2026) Bob Moser, The New Yorker, (March 21, 2019) , DC Dist. Ct. (Leon, J., 3/31/26) , No. 25-56095 (5th Cir. April 21, 2026) California Department of Insurance Check out the OA for all the places to go and things to do!
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Leaked Supreme Court Memos Reveal the Shadow Docket's Extremely Stupid (and Corrupt) Origins
04/22/2026
Leaked Supreme Court Memos Reveal the Shadow Docket's Extremely Stupid (and Corrupt) Origins
VR29 - Thomas, Lydia, and Matt go deep on the “Shadow Papers,” the 2016 shadow docket memos recently leaked to The New York Times which reveal the truth about the deliberations preceding the first time of many times to come that the Supreme Court stopped the government from enforcing something before any court had a chance to rule on it. Can anyone still possibly believe that John Roberts is only there to call “balls and strikes” after seeing how enthusiastically he is pitching for the energy lobby in these documents? Why are these glorified work emails so important, and what can we learn about the current state of SCOTUS from them? (Sep. 12, 2005) The New York Times (April 18, 2026) , 597 US ___ (2022) Check out the OA for all the places to go and things to do!
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An Under-the-Radar Copyright Case with Huge Implications
04/20/2026
An Under-the-Radar Copyright Case with Huge Implications
OA1254 - An underreported on case called Cox Communications, Inc. v. Sony Music Entertainment could be a much bigger deal than it seems. Record labels say Cox let repeat infringers run wild on its network and a jury hit them with a massive verdict. Cox says it’s not the internet police and shouldn’t be on the hook for what users do. So how far does that responsibility go? When does “you could have stopped this” turn into legal liability? We break down the DMCA’s “repeat infringer” rules and why this case isn’t just about piracy. The real question is whether companies can be forced to cut people off or redesign their services to prevent misuse and where that logic stops. If failing to stop wrongdoing makes you liable here, what does that mean for platforms, payment processors, or even industries like gun sales where the argument is also “you should have done more”? Check out the OA for all the places to go and things to do!
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Trump Puts the “Pervert” in Perversion of Justice
04/17/2026
Trump Puts the “Pervert” in Perversion of Justice
OA1253 - It’s spring cleaning time in this week’s news, in which we answer patron questions on everything from DOJ lying to a federal judge about ICE’s policy on arresting immigrants in courthouses to DOJ lying about violating court orders. Also: the Trump administration’s unbelievable gift to some of the worst of the worst J6rs, the D.C. Circuit’s inexplicable termination of Judge Boasberg’s contempt proceedings against the administration for violating his orders, and a major ruling in one of the most important deportation cases in US history. We chase these shots of 200-proof reality out with a chaser: Did the 5th Circuit really just legalize bathtub gin? Find out in today’s boozy footnote! “,” Sergio Martinez-Beltran (NPR, 3/26/2026) , filed March 24, 2026 in the Southern District of New York (Politico, 4/14/2026) , In Re: Trump et al, D.C. Cir (April 14, 2026) filed April 14, 2026 . filed April 11, 2026 in the United States Court of Appeals for the District of Columbia Circuit (Reason, 4/11/2026) filed April 11, 2026 in the Fifth Circuit Court of Appeals Check out the OA for all the places to go and things to do!
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Go to Hell, Swalwell.
04/15/2026
Go to Hell, Swalwell.
VR28 - On this week’s Vapid Response, we survey the fallout from California Congressman Eric Swalwell’s recent exposure as a longtime sexual predator and ensuing swift exit from both the California governor’s race and Congress itself. What does Swalwell’s fall say about how our country’s two political parties handle these kinds of allegations in 2026--and can we once again count on The Federalist to deliver the stupidest possible take on the situation? We then briefly revisit the single worst take on the allegations raised against Brett Kavanaugh during his 2018 confirmation process before paying tribute to the women who organized to bring Swalwell’s many abuses of his power and privilege to light.
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Peaceful Protestors Are Facing Decades in Prison - Inside the Prairieland Trial
04/13/2026
Peaceful Protestors Are Facing Decades in Prison - Inside the Prairieland Trial
OA1252 - Just one month ago, nine people were convicted in a Texas federal court for their participation in a protest outside the Prairieland ICE facility in a first-ever prosecution in which the Department of Justice claimed that support for so-called “Antifa” constituted “material support for terrorism.” What can we learn from the plight of the Prairieland defendants about how the Trump administration is punishing dissent, and where do things go from here? We are joined by Ron, a community member who attended the trial, and Prairieland defense attorney Xavier de Janon of the People’s Law Collective and National Lawyers Guild for their unique perspectives on this important case. (DFW Support Committee website) (filed 12/10/2025) ‘ Adam Federman, In These Times (3/26/2026) The White House, September 25, 2025 Check out the OA for all the places to go and things to do!
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Farewell to Pam Bondi, the worst AG in US History... SO FAR!
04/10/2026
Farewell to Pam Bondi, the worst AG in US History... SO FAR!
OA1251 - We begin with a rare Friday appearance from OA democracy correspondent Jenessa Seymour, who stops in to provide some unequivocal good news from this week’s elections. Then: a temperature check on how mad should we be that the Supreme Court has cleared the way for Steve Bannon’s conviction to be reversed, an appropriately respectful review of former Attorney General Pam Bondi’s career, and a footnote involving an extremely litigious German tourist who made the most of his short time in New York City in the most American way possible. in U.S. v. Bannon (filed 2/6/2026) filed by state of Iowa (12/10/2025) ProPublica (3/31/2026) filed by a coalition of progressive attorneys (June 5, 2025) , (3rd Cir., 2/27/2026) Check out the OA for all the places to go and things to do! To support the show (and lose the ads!), please pledge at !
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That Time Sociopaths Tried to Inception a Fake 14th Amendment History into Legal Scholarship
04/08/2026
That Time Sociopaths Tried to Inception a Fake 14th Amendment History into Legal Scholarship
VR27 - This week on Vapid Response Wednesday we take a look at the liars, losers, frauds, and suckers angling for a federal bench who have worked up, developed, and sold the “other side” of the Fourteenth Amendment’s simple guarantee of birthright citizenship, which failed so badly in front of the Supreme Court last week. What kinds of people are out there trying to say that “anyone born or naturalized in the United States” doesn’t mean exactly what it says? We review and discuss how a Fox News talkshow host, a deeply unserious law professor, and the lawyer most responsible for the events of January 6th, 2021 all did their part to radically reshape the US Constitution and who will benefit from it going forward. , Library of Congress (1868) Jamelle Bouie, The New York Times (April 1, 2026) (recommended reading!) Breccan Thies, The Federalist (April 1, 2026) Check out the OA for all the places to go and things to do!
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When You Fall Out of Bed and Land in the Supreme Court
04/06/2026
When You Fall Out of Bed and Land in the Supreme Court
OA1250 - A fall out of bed during a vacation in Delaware turned into a Supreme Court case, decided this term, that could have big implications for states’ rights to limit tort suits… in federal court. Did Delaware take a good-faith precautionary measure to reduce frivolous medical malpractice lawsuits? Or did they put up an unfair barrier to plaintiffs who deserve restitution? Perhaps reasonable people can disagree on that. But in the rare circumstance you manage to bring that state tort case into a federal courtroom, SCOTUS ruled 9-0 that it’s clear Delaware’s rule is a step too far. (They can still do what they want in their own courts, but not here). How far-reaching will the consequences be? Legal reporting seems split! Come for the (brief, not too gory) medical drama, stay for the review of the Erie Doctrine so you can pass your Federal Civil Procedure class. A nice chill case where the world isn’t burning down and the justices mostly act like normal respectful people. , 607 U.S. ___ (2026) , 304 U.S. 64 (1938) Rules Enabling Act of 1934: Robert Niles-Weed, , Bloomberg Law, Mar. 3, 2026. Ronald Mann, , SCOTUSblog, Jan. 21, 2026. Check out the OA for all the places to go and things to do!
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Trump's Birthright Citizenship Arguments Were Laughed Out of Court
04/03/2026
Trump's Birthright Citizenship Arguments Were Laughed Out of Court
... and they really never should have been laughed in to court in the first place. OA1249 - Solicitor General D. John Sauer got plenty of laughs when he brought his best April Fool’s Day game to the Supreme Court this week, and we’re here to break down the single stupidest case the federal government has ever presented. Matt brings the receipts to show just how badly the Trump administration’s arguments against the plain text of the Constitution and the binding precedent of U.S. v. Wong Kim Ark (1898) went, and why he is willing to bet his house on the fact that even this SCOTUS will have no choice but to find that “all persons born or naturalized in the United States” means exactly what it says that it means. The White House (1/20/2026) , 169 U.S. 649 (1898)[PDF] in Trump v. Barbara in Trump v. Barbara (4/1/2026) Check out the OA for all the places to go and things to do!
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LAM1012: The Juror - Preview
04/01/2026
LAM1012: The Juror - Preview
This LAM was so much fun I wanted to make sure everyone could hear it! Well, at least a good chunk of it anyway. If you'd like to hear the rest, head to patreon and hit that $2 level or above! If you love the 90s, and peak Alec Baldwin, you will love this one. And Thomas did. As usual, Matt read the book. And Lydia can remember people's names. Everyone is bringing their best to this LAM!
/episode/index/show/openargs/id/40694460
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Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO
03/30/2026
Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO
Part 2: How Subnautica 2 got its CEO back Welcome back to the strange tale of video game publisher Krafton, the bonus they really didn’t want to pay to developer Unknown Worlds, and the contract dispute that delayed release of the much-anticipated game Subnautica 2. In part 1, we learned the back story behind the tense relationships, and the terms of the contract. Here in part 2, Jenessa walks us through the absolute bench-slap from a judge who has had it up to here with Krafton’s transparent attempts to breach the contract now and justify it later. Come for the drama, stay for the rules of contract law. Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026). Fortis Advisors. Chalk, A. (2026). PUBG maker Krafton is an AI defense company now, signs deal with Korean aerospace firm that includes investment of up to $1 billion aiming 'to expand the physical AI ecosystem'. PC Gamer. Winslow, L. (2025). Subnautica 2 devs claim there’s no GenAI in game after publisher’s “AI first” shift. Gamespot.
/episode/index/show/openargs/id/40664185
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Social Media Is a Defective Product
03/27/2026
Social Media Is a Defective Product
OA1247 - Should social media companies be held responsible for the addiction and other harms their features and algorithms have caused to users? A California jury thought so this week, and in this episode recorded within hours of this historic verdict--and the day after another similar win in New Mexico--we examine the legal basis for this suit and what this might mean for thousands of similar legal actions now pending against Meta, TikTok, YouTube, and others around the U.S. Matt also explains why Trump is sending ICE agents to US airports, and how a little-noticed new addition to an existing DHS program has turned some state and local cops into immigrant bounty hunters. Finally, we go a little deeper than usual in today’s footnote to honor the sacrifice of a federal judge in the Southern District of New York who read more than 6,000 pages of “romantasy” fiction to determine as a matter of law that a book about a part-witch/part-shapeshifter/part-demon who moves from San Diego to Alaska after the death of a parent to meet a hot guy with mysterious powers while discovering her own in urban Anchorage is not “substantially similar to a discerning ordinary reader” to a book about a half-witch/half-gargoyle who moves from San Diego to Alaska after the death of a parent to meet a hot guy with mysterious powers while discovering her own in a remote Gothic castle. , filed April 28, 2025 in LA Superior Court , Ken Klippenstein (March 24, 2026) [PDF] , filed May 23, 2022 in SDNY , March 16, 2026 (McMahon, J.) Check out the OA for all the places to go and things to do!
/episode/index/show/openargs/id/40639550
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Pete Hegseth's books are racist trash written in crayon. We've got some highlights for you.
03/25/2026
Pete Hegseth's books are racist trash written in crayon. We've got some highlights for you.
VR26 - Matt read not one but TWO of Pete Hegseth's "books." The awful xenophobic, genocidal crap contained therein might help explain the Iran War.
/episode/index/show/openargs/id/40615835
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Idiot CEO Used ChatGPT to Try to Screw Over Subnautica Creators
03/23/2026
Idiot CEO Used ChatGPT to Try to Screw Over Subnautica Creators
OA1246 - Part 1: “The AI was nicer about it” and other reasons I ignored my lawyer: the Subnautica 2 story ChatGPT cannot warp space-time to make you un-sign that contract. Unfortunately for video game publisher “Krafton”, the world’s-best-cheerleader will instead gently tell you that your intention to break an air-tight contract without illegally breaching it will be difficult, and then give you a plan to try anyway. Team of lawyers screaming “please god stop” be damned. The plan worked great, right up until it hit a judge. Developer “Unknown Worlds”, creator of the hit game “Subnautica” just won a substantial victory for breach of contract against Krafton, securing the reinstatement of their own CEO, and probably a massive bonus in the process. In part 1, Jenessa walks us through the story of how Unknown Worlds was formed, why they sold to Krafton, the terms of the contract, how the relationship went south, and why “Subnautica 2” got delayed. Tune in to part 2 to hear how the lawsuit was decided. , C.A. No. 2025-0805-LWW (Del. Ch. 2026). Weisdorfer, E. (2024). Cybaris, 16, 79-115. Check out the OA for all the places to go and things to do!
/episode/index/show/openargs/id/40583565