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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Cornyn and Tillis Negotiate Meaningless Concession from Blanche
08/07/2026
Cornyn and Tillis Negotiate Meaningless Concession from Blanche
OA1285 - This week on Rapid Response Friday: regulators, mount up! We take a closer look at the actual documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche which convinced John Cornyn and Thom Tillis to change their votes, how deregulation caused a national cyclospora outbreak (and the legal response to it), and state efforts to stop the “prediction market” racket which the Commodity Futures Trading Commission has been all too happy to ignore. And in today’s footnote: three very different cases which prove why prediction markets shouldn’t be a thing at all. Dr. Robert B. Shipner, The Guardian (7/16/2026) Complaint in filed 7/21/206 Complaint in , filed 7/31/2026 Check out the OA for all the places to go and things to do! Listen ad-free and support the show at
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Did Mamdani Wipe Little Italy Off the Map?
08/05/2026
Did Mamdani Wipe Little Italy Off the Map?
VR39 - Vapid Response Wednesday returns with a tasteful pairing of stories about alleged anti-Italian discrimination that go together like chianti and red sauce. Today's specials include: Aperitivo: a tasteless morsel from the least deserving recipient in the history of the Mark Twain Prize for American Humor Primo: a chef’s kiss Washington Examiner oped on how NYC mayor Zohran Mamdani “erased” Little Italy Secondo: a spicy molto grosso meatball of a Boston lawsuit over alleged anti-Italian-American discrimination gives a federal court indigestion Dolce: our patrons! Listen ad-free and support the show at , , , Washington Examiner (7/10/26) , filed 3/7/24 (12/20/24) , No. 25-1063 (1st Cir., 7/30/26) Check out the OA for all the places to go and things to do!
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How a Bank Robbery Became a Fourth Amendment Landmark
08/03/2026
How a Bank Robbery Became a Fourth Amendment Landmark
OA1284 - Can a modern court implement modern solutions? It really depends on your perspective. Despite some baffling misconceptions about how… anything works, the Justices seem to be doing a pretty good job of ultimately deciding that yes, police do in fact need a warrant to deeply invade your digital privacy. While Kavanaugh appears to have the entire concept of data storage and search queries upside down and backwards, Gorsuch asks complex questions about metadata versus true content, how data is stored in individual accounts, and what other types of data would be exposed if police were allowed to search your location information without a warrant… and yet they both ultimately vote to protect your privacy. It’s a weird world out there folks. Cases discussed: Check out the OA for all the places to go and things to do!
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The Most Brazen and Corrupt Heist in American History (GG Crossover!)
08/01/2026
The Most Brazen and Corrupt Heist in American History (GG Crossover!)
Apologies for being a little late on this one!Donald Trump sued the IRS, an agency he currently runs, for leaking his own tax returns, and asked for a cool $10 billion. Thomas, Lydia, and Matt dig through the actual complaint and a judge's increasingly suspicious rulings, all timed suspiciously close to Todd Blanche's confirmation hearing. It is dumber, and more corrupt, than it sounds. Cases discussed: Patrons at can listen to Part 2 right now!
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LAM1015: Outlaw
07/29/2026
LAM1015: Outlaw
LAM1015 - Jimmy Smits stars as a gambling, sports-shooting Supreme Court Justice with a law clerk paid to fend off his advances, in NBC's forgotten 2010 flop Outlaw. Thomas, Matt, and Lydia can barely get through a single scene without stopping to ask what this show thinks a Justice actually does. This free 45-minute preview only scratches the surface of how bad it gets. $2+ Patrons already have this full episode, plus an early part 2 of Jenessa's 4th Amendment privacy deep dive, at . Friday brings a Gavel Gavel crossover on the ruling that blew up Trump and Todd Blanche's corrupt IRS settlement. Check out the OA for all the places to go and things to do!
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How SCOTUS Paved the Way for Flock Cameras
07/27/2026
How SCOTUS Paved the Way for Flock Cameras
OA1282 - Is anything private any more? Depends which Supreme Court Justice you ask. To kick off a series of episodes around data privacy and the law, first Jenessa walks us through a string of Supreme Court cases addressing 4th Amendment rights and technology. In part 1, we cover landmark cases with wiretapping, beepers, GPS trackers, thermal imaging, and more. Stick around for part 2 to hear how the modern composition of the court is responding to the proliferation of new technologies. Cases discussed: Part 2 of this breakdown drops early for patrons at . Check out the OA for all the places to go and things to do!
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Todd Blanche Can Also Lie and Dodge Questions in Writing Too!
07/24/2026
Todd Blanche Can Also Lie and Dodge Questions in Writing Too!
OA1281 - As we wait on the final vote tally for Attorney General nominee Todd Blanche, we take a look at written responses which he recently provided into the record to answer a wide range of Senate questions the day after his hearing concluded. We also take a closer look at how the 5th Circuit is trying to make a recent Clarence Thomas concurrence into law, and how Thomas’s retrograde reading of the Constitution’s Commerce Clause could end federal firearms charges and potentially take one of the pillars of the entire federal criminal punishment system along with them. Finally in today’s footnote: AI in the courtroom hits an unbelievable new low. “ issued after his confirmation hearing, with Blanche’s responses (7/17/2026) (6/18/2026) from the 5th Circuit Court of Appeals in USA v. Squire (2026) Check out the OA for all the places to go and things to do!
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Law on the Spectrum, with Peter O'Neil
07/20/2026
Law on the Spectrum, with Peter O'Neil
OA1280 - Peter O’Neil was preparing for retirement after decades of practicing law when he learned that he was autistic at the age of 65. This realization inspired his memoir My So-Called Disorder: Autism, Exploding Trucks, and the Big Daddy of Rock and Roll, in which he looks back at his life and legal career to better understand how his neurodiversity played a role in both his most significant personal challenges and the unique professional talents which helped him to take on some of the largest corporations in the US as a products liability attorney. In this unusual intergenerational exchange between lawyers on the spectrum, Peter and Matt discuss their experiences and appreciate the ways that these so-called “disorders” have made them who they are. Peter O'Neil is the author of , this month's OA Book Club pick. Join him live for book club on July 26th at 4:30pm Eastern, for patrons at any level at . Check out the OA for all the places to go and things to do!
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What Happened to You, Todd Blanche?
07/17/2026
What Happened to You, Todd Blanche?
OA1279 - This week on Rapid Response Friday: A federal judge rips up the corrupt “settlement” Trump reached with his own IRS at the unprecedented request of a group of 35 former federal judges just in time time for aspiring Attorney General Todd Blanche’s confirmation hearing, humanizing the latest victims of ICE, and a metafootnote about a DC judge who hates footnotes nearly as much as Matt loves them. The Agenda: Check out the OA for all the places to go and things to do!
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Nancy Mace Thinks Anyone With a Foreign Name Is Disloyal
07/15/2026
Nancy Mace Thinks Anyone With a Foreign Name Is Disloyal
VR38 - This week in Vapid Response Thomas, Lydia, and Matt review some truly awful takes from a MAGA economist on the true cause of low crime rates, Rep. Nancy Mace on her extremely real and not-at-all-racist concerns about the dangers of judges with dual citizenship, and a then-20-year-old Rolling Stone columnist in 1969 on his immediate disdain for what would become one of the greatest rock albums of all time. “,” John R. Lott, Jr, The Federalist (July 9, 2026) FBI’s data “,” Rep. Nancy Mace, Newsweek (July 4, 2026) Judge Sparkle Sooknanan’s preliminary injunction order in to Sen. Lindsay Graham’s judicial questionnaire (March 20, 2024) “,” Reel Harmonies (July 14, 2014) Check out the OA for all the places to go and things to do!
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The MAGA Justices Get Torched by... Amy Coney Barrett?!
07/13/2026
The MAGA Justices Get Torched by... Amy Coney Barrett?!
OA1278 - On its face, the decision in Watson is a pretty narrow ruling. Some states allow ballots postmarked on or before election day, but arriving after election day, to be counted. The court decided they can continue to do so. But at stake was so much more. Bubbling under the surface, election deniers were trying to open a door to far more aggressive limitations on voting rights. With this decision, that door is quite firmly shut… by Barrett? Come hear Jenessa try to survive the cognitive dissonance of finding an ACB opinion extremely well-written, thorough, and appropriately critical of out-of-context half-assed attempts at historical analysis in the dissent. Check out the OA for all the places to go and things to do!
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It's Not Just Prairieland and Broadview. More Lives Are Being Ruined by Unjust Prosecutions.
07/10/2026
It's Not Just Prairieland and Broadview. More Lives Are Being Ruined by Unjust Prosecutions.
OA1277 - We continue our coverage of the Trump administration’s criminalization of dissent with a brief update on the sentencing of the last remaining Prairieland defendant and a closer look at similar federal prosecutions of ICE protesters in Minneapolis, Spokane, and a number of other jurisdictions. Matt then explains how the DOJ just complicated a case against someone alleged to have leaked the second Jack Smith report in the funniest possible way. Finally, in today’s footnote: that one time that Dan Crenshaw and William Shatner tried to make Starfleet happen. “,” The Dallas Morning News (6/6/2026) in United States v. Stuckart et al., Eastern District of Washington (7/9/2025) “,” PBS Newshour on Instagram (3/31/2026) in United States v. Sant et al., District of Minnesota (6/11/2026) , The Intercept (6/17/2026) “,” Seattle Times (6/15/2026) “,” Bloomberg (2/19/2026) , New York Times (3/19/2026) in United States of America v. Carmen Mercedes Lineberger, Southern District of Florida (5/19/2026) William Shatner, Military Times (8/26/2020) Check out the OA for all the places to go and things to do!
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Ben Shapiro is having AI write his columns, and apparently not even the good models
07/08/2026
Ben Shapiro is having AI write his columns, and apparently not even the good models
VR37 - Ben Shapiro and Matt Walsh both wrote furious, error-riddled columns attacking the Supreme Court's birthright citizenship ruling in Trump v. Barbara. And so Thomas, attorney Matt Cameron, and producer Lydia ran the columns through an AI detector and their BS detectors to see just how fake and how BS they were. Spoiler: it's a lot.
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Trump Is Once Again Trying to Change the Law With Memos
07/06/2026
Trump Is Once Again Trying to Change the Law With Memos
OA1276 - Who could have predicted this? Us! The Trump administration has made their complete disdain for people with disabilities clear since day one. We’ve called it out before, and the natural progression of those efforts came to a head mid-June when they announced their intention to turn over governance of special education to RFK Jr in HHS (least trusted man in America when it comes to the needs of your child with a disability), continue dismantling the Department of Education overall, further reduce their investigations of educational discrimination, and, just two days later, their commitment to overturning major protections against forced institutionalization. What’s happening, how did we get here, why does it matter, and what can anyone do about it? Tune in to find out. OA episode callbacks: 1238 Deep dive on Olmstead 1180 the history of forced institutionalization and “ugly laws”, and the executive order “Ending crime and disorder on America’s streets” 1141 The Section 504 protests 1171 A.J.T. v Osseo area schools (rights to accommodations for students with disabilities) Part 1; attempted dismantling of Olmstead: , 527 U.S. 581 (1999) (d) , 90 Fed. Reg. 35817 (Jul 24, 2025) , 50 Op. O.L.C. __ (June 18, 2026) Part 2; the dismantling of the Department of Education: , 90 Fed. Reg. 13679 (Mar. 20, 2025) Compl., , No. 1:25-cv-10601 (D. Mass. amended 01/09/2026) , 606 U.S. ___ (2025) Between the U.S. Department of Education and U.S. Department of Labor Relating to the Office of Elementary and Secondary Education (OESE) (plus addendums) Christy Wolfe (Dec. 16, 2025), , Bipartisan Policy Center Jennifer Smith Richards & Jodi S. Cohen (Mar. 2, 2026), , ProPublica. U.S. Government Accountability Office (Feb. 2, 2026), . U.S. Dept. of Education (June 16, 2026). . , 605 U.S. 335 (2025) Section 504 of the Rehabilitation Act of 1973: Individuals with Disabilities Education Act: Check out the OA for all the places to go and things to do!
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Matt's Complete Supreme Court Term Recap
07/03/2026
Matt's Complete Supreme Court Term Recap
OA1275 - As June ends and another Supreme Court Season wraps, it is time to look back and survey the damage: significant blows to voting and trans rights, harder times for immigrants throughout the system, and a vast expansion of executive powers. But we also go beyond the headlines to see what has been going on with some of the Court’s more routine business. What can we learn from their more mundane 9-0 decisions--and can we actually find some good news here among the wreckage? Matt does his best. Finally, in today’s seasonal footnote: why the world believed for exactly five minutes that Samuel Alito had closed Supreme Court Season by announcing his retirement on Tuesday, and what we can learn from this weird mistake about how mainstream media covers the Supreme Court. Executive Power / Immigration — 25-365 (June 30, 2026)(birthright citizenship) — 24-1287 (Feb. 20, 2026) (IEEPA tariffs) — 25A312 (June 29, 2026) (Fed removal) — 25-332 (June 29, 2026) (FTC removal) — 25-1083 (June 25, 2026) (TPS) — 25-5 (June 25, 2026) (asylum at the border) — 25-429 (June 23, 2026)(LPRs at the border) — 24-777 (Mar. 4, 2026) (asylum standard of review) Criminal Law — 24-5774 (Jan. 14, 2026) (§924(c)/(j) stacking) — 24-5438 (Jan. 9, 2026) (successive §2255 petitions) — 24-482 (Jan. 20, 2026) (restitution / Ex Post Facto) — 25-112 (June 29, 2026) (geofence / 4A) — 24-1234 (June 18, 2026) (cannabis & 2A rights) — 24-1063 (June 18, 2026) (appeal waivers) — 24-7351 (May 28, 2026) (Batson / AEDPA challenge) — 24-993 (Mar. 20, 2026) — (§1983 rights with prior conviction) — 24-624 (Jan. 14, 2026) (emergency-aid / 4A) — 24-557 (Feb. 25, 2026) (counsel during recess) — 25-52 (Nov. 14, 2025) (habeas / new-trial reversal) Civil/Voting Rights — 23-1197 (June 23, 2026) (RLUIPA damages) — 24-109 (Apr. 29, 2026) (Voting Rights Act §2) — 24-43 (June 30, 2026) (trans student athletes) — 24-1046 (June 25, 2026) (2A concealed carry) — 24-539 (Mar. 31, 2026) (conversion therapy) — 24-621 (June 30, 2026) (1A / campaign finance) Procedural Issues — 24-783 (Apr. 22, 2026) (removal deadline) — 24-808 (Jan. 20, 2026) (Rule 60(b)(4) finality) Other (2025-2026)[PDF] Kelly McBride, NPR (June 30, 2026) Check out the OA for all the places to go and things to do!
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The New Cover on Alito's TPS Reports Is for Racism
07/01/2026
The New Cover on Alito's TPS Reports Is for Racism
VR36 - In Mullin v Doe, Samuel Alito just proudly stripped Temporary Protected Status from more than one million people who were lawfully living and working in the US as of the time of the decision--and all on the shadow docket, without even waiting for the full merits of the case to be heard. We go deep today on what may go down as his single worst majority opinion to consider Alito’s explanations of how some of the most disgustingly racist things a sitting US president has ever said in public (most of which were in support of his decision to terminate TPS for Haitians) couldn't have possibly related to why Trump decided to terminate TPS for Haitians. We close with a quick look at Clarence Thomas's concurrence iin which he yearns for a return to simple times when the federal government was not expected to provide equal protection under the law to anyone--but most especially not immigrants. (June 25, 2026)(Alito, J.) (June 16, 2026) (April 29, 2026) , Miot v. Trump, D.C. Dist. Ct. #25-cv-02471 (Feb 26, 2026)(Reyes, J.)
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Worst Dude Hires Even Worse Lawyer to Legally Harass Woman Who Posted About Him
06/29/2026
Worst Dude Hires Even Worse Lawyer to Legally Harass Woman Who Posted About Him
OA1274 - Can you sue if someone posts something nasty about you online? I mean maybe, but not like this. In today’s episode, Lydia introduces us to the wild world of “Are We Dating the Same Guy?” and Jenessa walks us through a lawsuit that trips over its own feet while trying to take them down. It’s a great opportunity to learn about some interesting Illinois laws against doxxing and your right to your likeness, and why the plaintiff failed miserably at mobilizing those laws in his favor. …Also, it wouldn’t be a modern drama-filled lawsuit without attorneys using AI and failing to fact check. Tune in to hear a judge rage against the lying machine, and the lawyers that used it. , No. 25-2231 (7th Cir. 2026) to Marc Trent’s website Sanction laws: . . Check out the OA for all the places to go and things to do!
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Prairieland - 30 Years for Moving Magazines. These Are Real Human Lives, Ruined.
06/26/2026
Prairieland - 30 Years for Moving Magazines. These Are Real Human Lives, Ruined.
OA1273 - On June 23, 2026, eight people were sentenced in DOJ’s first so-called “Antifa” terrorism prosecution by federal judge Reed O’Connor in the Northern District of Texas to a combined 450 years in federal prison for their participation in a protest held at the Prarieland ICE detention facility on July 4th, 2025. Six of these defendants were charged with what amounted to being present at (or in the vicinity of) the protest, and one who wasn’t even there received 30 years for moving a box of First Amendment-protected publications. In this continuing coverage of one of the most unjust criminal prosecutions of the second Trump administration, Matt goes deep on the government’s case to show just how shoddy the “material support for terrorism” charges really were, and how DOJ used a few text messages, some consumer fireworks shot off on the 4th of July far from any people or property, and $4805.95 in property damage to engineer sentencing enhancements which virtually guaranteed that these protesters would receive harsher punishments than many defendants in the federal system charged with far more serious offenses. What does all of this mean for the future of dissent in the U.S., especially given the national security memo which promised heightened investigation and prosecution of “anti-Americanism, anti-capitalism, [ ]anti-Christianity… and hostility towards those who hold traditional American views on family, religion, and morality” after the assassination of Charlie Kirk? Then in today’s footnote: An Arizona appeals court takes on one man’s truly contemptible email address. (OA interview with Defense Committee member and attorney Xavier de Janon) statute) (Prairieland Support Committee website) (6/23/2026) Arizona Court of Appeals #CA-CV 25-0256 (2/6/2026) Check out the OA for all the places to go and things to do!
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Why Is Alito Like This? with Peter Canellos
06/22/2026
Why Is Alito Like This? with Peter Canellos
OA1272 - We are excited to welcome veteran journalist Peter Canellos to discuss his new book Revenge for the Sixties: Sam Alito and the Triumph of the Conservative Legal Movement. In this first-ever biography of Samuel Alito, Canellos draws from extensive interviews and years of research to provide a complete portrait not only of Alito as a person and a jurist, but of the reactionary conservative legal revolution which helped get him to the Supreme Court. In this conversation we go beyond the basics of the book to discuss (among many other things) who Alito really is, how his early life shaped his view of the world, and why so many people who knew him before his nomination now say that they don't recognize who he became after it. SAVE THE DATE! Join us this Sunday June 28th at 4:30 EDT for our first meeting of the OA Book Club--featuring a brief visit from this month’s author Peter Canellos! This new monthly bonus will be available to patrons at every level going forward,, so please subscribe anytime at , Peter Canellos (2026) Check out the OA for all the places to go and things to do!
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He's Literally the Worst Dealmaker Ever. EVER.
06/19/2026
He's Literally the Worst Dealmaker Ever. EVER.
OA1271 - The single stupidest war of choice the U.S. has ever gotten itself into may finally be coming to an end--or at least the concept of a plan for an end? We go beyond the headlines to see what is actually in this thing, and take on some of the most interesting legal questions raised here. How could this possibly bind Israel, a country which specifically refused to be a party to it? How is the U.S. promising a $300 billion investment which hasn’t been authorized by Congress? And how much power does the President of the United States really have to end Congressional and international sanctions? We then take a quick look at how DHS’s surveillance state is coming along before going deeper on the recent denial of Judge Hannah Dugan’s final effort to vacate her conviction for allegedly obstructing an ICE arrest in her Wisconsin courtroom before sentencing. Finally, a quick hoofnote: is it really possible to accidentally purchase 80,000 pounds of live cattle? Matt reveals the truth behind this week’s funniest legal meme. signed June 18, 2026 “,”News 3 Las Vegas on YouTube (6/12/2026) , Department of Homeland Security Office of the Inspector General (8/19/2024) “,” Politifact via the Minnesota Reformer (3/9/2026) , Ken Klippenstein via Breakthrough News on YouTube (1/24/2026) , PBS NewsHour on YouTube (2/10/2026) Acting ICE director , accessed through NPR (4/21/2026) , American Immigration Council (2/6/2026) in Tincher v. Noem, Minnesota District Court (1/21/2026) “,” NPR (3/5/2026) in United States of America v. Dugan, Eastern District of Wisconsin (6/16/2026) CME Group (standard settlement procedures) Check out the OA for all the places to go and things to do!
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The National Review’s Defense of Todd Blanche Is So Bad It's Confusing
06/17/2026
The National Review’s Defense of Todd Blanche Is So Bad It's Confusing
VR35 - In this episode released on the 54th anniversary of the Watergate break-in, the Vapid Response team raids the archives of the New York Times to retrieve one of the single worst (and worst-timed!) contemporary takes on the scandal which would end Richard Nixon’s Presidency. We then return to a time in which a Watergate-style burglary would be a fun diversion to see how at least one conservative legal writer is defending Trump’s nomination of his former defense attorney to serve as Attorney General. William Safire, The New York Times (4/19/1973) The Editorial Board, The New York Times (6/15/2026) Michael Fragoso, National Review (6/15/2026) Opening Arguments Linktree (Patreon, socials, and more): https://linktr.ee/openingarguments
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When It Comes to Juries, All of a Sudden the Supreme Court Can See Race
06/15/2026
When It Comes to Juries, All of a Sudden the Supreme Court Can See Race
OA1270 - A good court thingie! A famous case from 1986 gave us the “Batson rule” that prevents the use of “peremptory strikes” to remove people from juries on the basis of race. To this day, racial discrimination in jury selection continues to be a problem. But the Supreme Court recently reinforced the on-going utility of Batson challenges in two decisions… written by Kavanaugh? Tune in to learn about the history and modern application of this important protection of our rights. , 380 U.S. 202 (1965) , 476 U.S. 79 (1986) , 511 U.S. 127 (1994) , 588 U.S. 284 (2019) , 608 U.S. ___ (2026) Catherine M. Grosso & Barbara O’Brien, , 97 Iowa L. Rev. 1531 (2012). Shamena Anwar, Patrick Bayer, & Randi Hjalmarsson, , 127 Q.J. Econ. 1017 (2011). Check out the OA for all the places to go and things to do!
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LAM1014: Green Card
06/14/2026
LAM1014: Green Card
Hoo boy what a bizarre experience! Listen as Matt tries to convince us a really bad movie is good just because it deals with immigration law! If you'd like to hear the rest, go to and pledge at $2+!
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Trump Is Trying to Blanche His Taint
06/12/2026
Trump Is Trying to Blanche His Taint
OA1269 - It’s official: Donald Trump has nominated Acting Attorney General “Two Taint” Todd Blanche to run the Department of Justice for real. We review Blanche’s three-year career as Trump’s personal defense attorney before considering the questions the Senate Judiciary Committee should be asking to determine just who Blanche has been really working for in his time at DOJ so far. Then: the U.S. is hosting the world’s biggest international sports event at a time when our immigration system has never been less hospitable, and even before the first World Cup kickoff Trump’s CBP has been giving red cards to players, coaches, support staff, and fans who had already been cleared by the refs at U.S. consulates abroad. Matt explains the immigration law logistics of international tournaments, and how this administration’s harsh immigration policies are actively working against the system’s efforts to make things easier for World Cup visitors. Finally, in this week’s listener-requested footnote: why an outdoor sportswear brand is reluctantly suing a drag queen, and our predictions for one of the strangest trademark lawsuits in U.S. history. Gavel Gavel (11/1/2024) Gavel Gavel (12/1/2024) Opening Arguments (8/26/2025)(Youtube version) on 6/2/2026 Youtube (3/26/2026) Shakira & Burna Boy (1/21/2026) Check out the OA for all the places to go and things to do!
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Is Fender Threatening Anyone Who Makes Strat-Shaped Guitars?
06/08/2026
Is Fender Threatening Anyone Who Makes Strat-Shaped Guitars?
OA1268 - Patents, trademarks, and copyrights, ach mein! How did the Fender Stratocaster, a guitar that has been in continuous manufacture since 1954, become the subject of an intellectual property dispute? Well, maybe this didn’t exactly come from . Fender has had 5 utility patents, 1 design patent, and 3 trademarks relevant to the Stratocaster . But the one thing that’s been all this time was protection for that iconic (or is it?) body shape. After their design patent expired, their trademark application was , and US copyright was definitionally , anyone could see that to the US Patent and Trademark Office, and Fender was left . Very similar (some might say identical) body shapes entered the market. , but perhaps not too late. Fender sailed the to another country with different copyright laws. But with only a German court order in hand, will Fender be able to make this exclusive protection , or is it just other guitar makers can ignore? Contrary to the hot takes everywhere, it could be before we get a definitive answer. Is any of it ? You decide. Tune in for the history that got us here, an overview of US IP law, and to hear Jenessa argue with a computer, and 90% of people talking about this, who just cannot seem to link to the documents they’re referencing… Fender patents, relevant to Stratocaster: Guitar shape (utility/functional features): U.S. Patent No. (issued Nov. 22, 1960) Guitar shape (design/ornamental features): U.S. Patent No. (issued Mar. 24, 1953) Bridge and pick-up assembly: U.S. Patent No. (issued Oct. 30, 1951) Tremolo: U.S. Patent No. (issued Apr. 10, 1956) Pickup and circuit: U.S. Patent No. (issued Dec. 24, 1957) Adjustable neck: U.S. Patent No. (issued Aug. 4, 1964) , Adirondack Guitars. Relevant Fender trademarks Fender brand name: FENDER, U.S. Trademark Registration No. (issued/renewed Mar. 8, 1966) Stratocaster name: STRATOCASTER, U.S. Trademark Registration No. (issued Dec. 5, 1967) Headstock: U.S. Trademark Registration No. (issued Mar. 3, 1981) USPTO, . , 94 USPQ2d 1549 (TTAB 2009) [precedential]. Düsseldorf Regional Court () Carolin Thurner, - First application of the ECJ Principles from Mio/konektra to a work of applied art in Germany, Lexology. Katheriner Sayer (May 28, 2026), , Wall Street Journal. Josh Gardner, , Guitar.com. Check out the OA for all the places to go and things to do!
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35 Judges Say Trump's DOJ Committed Fraud on the Court
06/05/2026
35 Judges Say Trump's DOJ Committed Fraud on the Court
OA1267 - Is Trump’s 1.8 billion dollar “anti-weaponization” fund really done, or is there something else going on here? Also can a few dozen federal judges really reopen any given civil suit with one magic filing? We take a closer look before going behind the recent commutation of former Mesa County (CO) elections clerk Tina Peters’ sentence by Colorado governor Jared Polis to the actual legal basis behind her successful appeal of her sentence to the Colorado Appeals Court. Finally in today’s footnote: an NPR host’s lawsuit claiming that Google stole his voice. , Colorado Appeals Court #2026COA24 (4/2/2026) ,” Trump v. IRS, filed 5/27/2026 Initial complaint in (filed 1/23/2026) Check out the OA for all the places to go and things to do!
/episode/index/show/openargs/id/41466840
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Molly Hemingway's Alito Book Is EMBARRASSING Propaganda
06/03/2026
Molly Hemingway's Alito Book Is EMBARRASSING Propaganda
VR34 - This week in Vapid Response: Vanilla Ice provides the platonic ideal of an amuse douche before we order up an excerpt of the worshipful new Alito biography by the editor-in-chief of The Federalist. We then take a closer look at MAGA’s desperate attacks on Trump accuser E. Jean Carroll as expressed in a recent piece in the Examiner. OA Book Club is coming for all patrons! Sign up now for ad-free listening at , and start reading our first selection ahead of our first live Zoom meetup later this month. “,” Mollie Hemingway, The Federalist (April 21, 2026) ,” Joe Concha, The Examiner (May 30, 2026) Check out the OA for all the places to go and things to do!
/episode/index/show/openargs/id/41466835
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When Super Soaker Got Sued by a Totally Lame Squirt Gun
06/01/2026
When Super Soaker Got Sued by a Totally Lame Squirt Gun
OA1266 - Can wearing a corset be considered a “public” use of the product? What makes someone (or some thing) an inventor? What is it exactly that makes the Super Soaker so rad? Get the answers to these questions and more from… patent law? Jenessa walks us through some of her favorite wacky cases (that also teach us core patent law concepts). , 104 U.S. 333 (1881) , 43 F.4th 1207 (2022) , 27 U.S.P.Q.2d 1280 (E.D. Pa. 1993) , 91 F.3d 166 (Fed. Cir. 1996) Check out the OA for all the places to go and things to do!
/episode/index/show/openargs/id/41466825
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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?
/episode/index/show/openargs/id/41379530
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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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