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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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!
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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.
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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!
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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.
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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!
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DOJ Just Convicted Several People of Imaginary Antifa Terrorism
03/20/2026
DOJ Just Convicted Several People of Imaginary Antifa Terrorism
OA1245 - Federal prosecutors have just secured the first convictions in US history in which the Department of Justice has brought charges relating to associations with “Antifa,” an organization which demonstrably does not exist. We take a closer look at the plight of the eight defendants convicted on charges relating to a noise protest outside of an ICE detention center in Prarieland, Texas to break down the unusual legal basis for this case, understand how protesters were cast as terrorists, and what this all means for the future of American dissent. Then in better news, we take a closer look at the recent bar complaint against one of Trump’s favorite lawyers (and our favorite MAGA characters) and AG Pam Bondi’s efforts to claim that the feds can hold up similar investigations brought by state regulators. Matt explains why this proposed rule is not only obviously illegal but doomed to fail before providing some news you can use in today’s footnote: the official OA guide on how to get away with a $100 million jewelry heist. in United States v. Arnold (2025) in in United States v. Arnold (2025) “,” DFW Defense Committee website “” District of Columbia Board on Professional Responsibility (3/6/2026) Federal Register (3/5/2026) Check out the OA for all the places to go and things to do!
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US v Dunn 2 - "If You Spit, We Hit"
03/18/2026
US v Dunn 2 - "If You Spit, We Hit"
Hey folks, no video this week so instead I wanted to give you another episode of our new trial over on , US v. Dunn! This is episode 2 (we have released 4 on the feed, check it out!) Matt takes us through the pretrial motions. It's an interesting episode even as a standalone law breakdown, so check it out!
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Ballots Seized in Georgia? Voting Chaos in Dallas? Here’s What to Make Of It.
03/16/2026
Ballots Seized in Georgia? Voting Chaos in Dallas? Here’s What to Make Of It.
OA1244 - More election news updates. What the heck happened in Dallas? How is hunting for fraud in Georgia still a thing? Why is the DOJ trying to get non-public voter data from the states? There’s smoke. There’s fire. But it might not be coming from the places everyone is looking. Jenessa helps us focus our concerns in the right direction, and maybe calms our nerves just a bit. Georgia court documents Affidavit: Search warrant: Order to unseal documents: Cline, S., Swenson, A., & Riccardi, N. (Mar. 3, 2026). ABC 13. Democracy Docket (Mar. 3, 2026). Rose, S. (Feb. 3, 2026). Ledger-Enquirer. Fowler. S. (Feb. 11, 2026). NPR. Duster, C. (Oct. 5, 2024). NPR. Sherman, A. (Feb. 1, 2022). Politifact. Dawsey, J., Volz, D., & Gurman, S. (Jan. 29, 2026). Wall Street Journal. Kaplan. A. (Jan. 16, 2026). Media Matters for America. Clark. D.B. (Feb. 9, 2026). ProPublica. ACLU New Jersey (Mar. 4, 2026). Biryukov, N. (Feb. 27, 2026). New Jersey Monitor. Check out the OA for all the places to go and things to do!
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Trump’s DOJ Lets Ticketmaster off the Hook for No Reason
03/13/2026
Trump’s DOJ Lets Ticketmaster off the Hook for No Reason
OA1243 - The lawsuit that was supposed to break up Ticketmaster and Live Nation’s obvious monopoly over live music throughout the U.S. has just ended in a settlement so surprising that even DOJ’s lead counsel didn’t know it was happening. Is this deal as bad as it looks? What does it mean for the future of live entertainment, and what will happen if the dozens of states which joined the feds in this case don’t sign off on it? Also: An insurance company sues ChatGPT for telling someone to fire their lawyer, the first (known) instance of a DOJ lawyer writing a brief with AI, and Kristi Noem’s Marvel-ous new job. Finally in today’s footnote--did thousands of people really just bet on the death of Ayatollah Ali Khameni? We take a closer look at the legal basis for “prediction markets” like Kalshi and Polymarket. , Matt Cameron (Nov. 30, 2011)(Matt’s actual filing into the 2011 Ticketmaster litigation demanding a handle of Jack Daniel’s and “a personalized letter drafted and personally signed by Ticketmaster CEO Nathan Hubbard which contains at least two (2) credibly apologetic statements, to be reviewed prior to delivery for quality of spelling, grammar, and penitence by an objective arbiter designated by the Court” for each class member) in United States et al. v. Live Nation (2024) (2024) “,” The Guardian, (3/7/2026) in Fivehouse v. US Department of Defense (2025) in Nippon Life Insurance Company of America v. OpenAI Foundation (2026) in Risch v. KalshiEX LLC (2026) Check out the OA for all the places to go and things to do!
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Kristi Noem's career has been put out of its misery
03/11/2026
Kristi Noem's career has been put out of its misery
VR25 - This episode is dedicated to the memory of Cricket, the 14-month-old wirehaired pointer murdered in cold blood by Kristi Noem on an unknown date in a gravel pit in South Dakota. One week after Donald Trump took now-former DHS Secretary Kristi Noem’s job out to the gravel pit, Thomas, Lydia, and Matt get together for a post-mortem. After a brief amuse douche from Noem’s (ahem) closest advisor, Matt plays the one excerpt from her 2024 campaign book “Not Going Back” which should have disqualified her from a Cabinet seat. (No, not that one! But we also revisit that story too and it’s so much worse--and involves twice as many animals--than you may remember.) We then review some of the most notable lowlights of Noem’s time as DHS Secretary, from completely failing to understand the ancient legal concept which allowed federal judges to release so many of the people she was illegally detaining without bond to her disturbing enthusiasm for calling US citizens concerned about killer ICE agents “domestic terrorists.” Also: why exactly did Noem lose her job last week, and where did the $220 million of our money handed over to a shell company run by her former press secretary’s husband go? Finally, we take a closer look at Trump’s choice to replace Noem at DHS: an Oklahoma Senator with two first names and a temper even shorter than his MMA career. Kristi Noem (2024) , and , ProPublica (Nov. 14, 2025) Graham Lee Brewer, High Country News (Dec. 9, 2019) Harry Thompson & Tom Latchem, March 9, 2026 on Markwayne Mullin’s Senate website Check out the OA for all the places to go and things to do!
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The Sketchy and Incredibly Recent Origins of the Major Questions Doctrine
03/09/2026
The Sketchy and Incredibly Recent Origins of the Major Questions Doctrine
OA1242 - Ever heard of the “major questions doctrine”? Most lawyers sure hadn’t until a few years ago. So how did it get that important-sounding name? Where did it come from? What even is it? How can we call something a “doctrine” or a rule if we don’t have a clear rule statement to cite to? (Hint: You can’t). If you’ve been feeling like maybe this is all made up and the points don’t matter, you can get your vindication here as we trace back the history of this ever-changing heavily-politicized increasingly-disputed amorphous blob. Jenessa read way too many cases and law review articles to tolerate this nonsense today. Timeline, each citing the one below it: 1. : West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022) 2. : Repeal of the Clean Power Plan, 84 Fed. Reg. 32520, 32529 (proposed Jul. 8, 2019) (to be codified at 40 C.F.R. pt. 60). 3. “Major rules doctrine”: U.S. Telecom Association v. F.C.C., 855 F.3d 381, 422-423 (D.C. Cir 2017), Kavanaugh dissent. (Note: There are many decisions by this name, including one from the D.C. Circuit in 2016, all of which are more prevalent online. Only this exact citation, minus the “422-23” pincite, will get you to the right case. Unfortunately I cannot find it outside the paywall to provide a link). 4. : F.D.A. v. Brown & Williamson Tobacco Co. 529 U.S. 120 (2000) 5. … well those words appear in that order, at least: Stephen Breyer, Judicial Review of Questions of Law and Policy, 38 Admin. L. Rev. 363 (1986). Meanwhile, in another timeline: , 73 Admin. L. Rev. 475, (2021). First ever use of “major questions rule/exception” in a positive light in legal scholarship. Would become more mainstream around 2013-2016: , 60 Admin L. Rev. 593 (2008). Moncrieff, above, cites this as the original coining of “major questions”, not Breyer’s 1986 paper: , 92 VA. L. Rev. 187 (2006). Other definitions from legal scholarship: , 76 Fla. L. Rev. 1 (2024). , Forward Wis. L. Rev. 19 (2024). , 132 Yale L.J. F. 693 (2022). , 44 Harv. J.L. & Pub. Pol’y 463 (2021). , 5 Michigan Journal of Environmental & Administrative Law 479 (2016). , 68 Admin. L. Rev. 445 (2016). Other relevant cases: , 607 U.S --- (2026) , 600 U.S. 477 (2023) , 576 U.S. 473 (2015) , 573 U.S. 302 (2014) Check out the OA for all the places to go and things to do!
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SCOTUS Likely to Strike Down the Law Used to Convict Hunter Biden
03/06/2026
SCOTUS Likely to Strike Down the Law Used to Convict Hunter Biden
OA1241 - This Rapid Response Friday:* everything you need to know to explain to anyone who will listen exactly why what the US is doing in Iran is illegal. We also review oral arguments in an unusual case involving the federal statute under which Hunter Biden was recently convicted which has brought weed, guns, and Amy Coney Barrett’s illegal Ambien habit (?) before the Supreme Court at the same time. Finally, in today’s footnote: A man who drinks unpasteurized milk, swims in sewage, and once left a dead bear in Central Park has some opinions about what we should be putting in our coffee--and Matt might agree with him? Can RFK Jr really stop America from running on Dunkin? --- *N.B.: this episode was recorded before the news of DHS Secretary Kristi Noem’s forced departure, but we’ll have plenty more to say about her and replacement nominee Markwayne Mullin next week! “,” Brian Egan and Tess Bridgeman, Just Security (2/28/2026) “,”DOJ Office of Legal Counsel memorandum, (4/1/2011) C (6/2/2025) (3/2/2026) Corey G. Johnson, ProPublica (1/29/2026) “,” Tal Kopan, The Boston Globe, (3/4/2026) “” (2026) [PDF]
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Ghislaine Maxwell's brother might be the worst person in Epstein world
03/04/2026
Ghislaine Maxwell's brother might be the worst person in Epstein world
E24 - Today on Vapid Response Wednesday: the story of a wealthy family that lost everything and the one son who had no choice but to try to defend his sister after she was convicted of abusing and trafficking minors with (and for) Jeffrey Epstein. For this special episode we read through Ian Maxwell’s entire body of published work for The Spectator and unseriously consider some of the many questions the tabloid heir raises about the arrest and conviction of his sister Ghislaine, the evils of the First Amendment, and of course a lengthy digression about some people named Todd. ! , Virginia Roberts Giuffre (2025) , Feb. 20, 2026 Ian Maxwell, The Spectator, 12/16/2021 Ian Maxwell, The Spectator (UK edition), 7/1/2022 Ian Maxwell, The Spectator, 11/5/2025 Ian Maxwell, The Spectator, 9/9/2025 Ian Maxwell, The Spectator, 2/25/26 regarding the investigation into Robert Maxwell's pension fund embezzlement and corporate fraud (2001) Check out the OA for all the places to go and things to do!
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At This Point, Traffic Court Would Be An Upgrade
03/02/2026
At This Point, Traffic Court Would Be An Upgrade
OA1240 - Shaina Aber, Executive Director with Acacia Center for Justice, joins today to discuss immigration nonprofit work during Trump 2.0. Find all of the tools and programs we talked about at their website, .
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Ground Control to Major Questions Doctrine
02/27/2026
Ground Control to Major Questions Doctrine
OA1239 - Did the Supreme Court just hand Donald Trump the biggest L in US presidential history? We go beyond the headlines to break down the first decision on the merits of any of the second Trump term’s policies. What is the deal with the “major questions doctrine” and why can’t the conservative justices agree about what it is and how to use it? Why did Neil Gorsuch choose this case to drop a lengthy diss track with bars about every one of his colleagues? And is there anything Clarence Thomas wouldn’t let a Republican president do? We then review a lesser-noticed SCOTUS decision from this week on whether you can sue USPS for intentionally stealing your mail for openly racist reasons (the answer may surprise you!). Finally, in today’s footnote: Thomas Takes the ICE Exam! (2/20/2026) (2/24/2026) “,” William Shawn, The New Yorker (11/14/1970)(letter addressed to William Faulkner from Post Office Inspector Mark Webster) , Sen. Richard Blumenthal (2/23/2026)(with leaked ICE training documents attached) Check out the OA for all the places to go and things to do!
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The Case That Ended Forced Institutionalization (Mostly)
02/23/2026
The Case That Ended Forced Institutionalization (Mostly)
OA1238 - Dive in to an “old” case from the 90’s that secured a critical right for people with disabilities: The right to be free from unnecessary institutionalization. Learn about some of the more obscure portions of the Americans with Disabilities Act, the different ways we can define discrimination, and what happens when a majority of judges just cannot agree to sign on to an entire opinion. 527 U.S. 581 (1999) ; 42 U.S.C. § 12101(a)(2, 3, & 5) ; 42 U.S.C. § 12132 Jesse Jackson (July 18, 1989). (regarding the Americans with Disabilities Act). Check out the OA for all the places to go and things to do!
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Small DoJ Energy
02/20/2026
Small DoJ Energy
OA1237 - The U.S. Department of Justice is not sending their best these days. From the problematic indictments of journalists Don Lemon and Georgia Fort for their coverage of the protest of a church in Minnesota whose pastor runs the local ICE field office to the unexpected dismissal of Mohsen Mohdawi’s deportation proceedings to a bizarre argument (and more good news) in Kilmar Abrego Garcia’s custody proceedings, we are continuing to see what happens when authoritarian lawyering meets actual federal judges applying actual federal law to the facts and parties before them. Finally, in today’s footnote: can you sue your ex for telling millions of people about your enormous penis? We debate whether a former football player’s claims are giving BDE or legal shrinkage. of Nakima Levy Armstrong, Don Lemon, Georgia Fort, et al in connection with January 18, 2026 protest at Cities Church (Jan 24, 2025) The , 18 USC 248 with copy of the Immigration Judge’s order terminating Mohsen Mahdawi’s removal proceedings attached (Feb. 17, 2026) preventing Kilmar Abrego Garcia’s re-detention by ICE (Feb. 17, 2026) , filed Jan. 6, 2026 at the 1988 Democratic National Convention Check out the OA for all the places to go and things to do!
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