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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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!
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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!
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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!
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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!
/episode/index/show/openargs/id/40903205
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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!
/episode/index/show/openargs/id/40794660
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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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