Opening Arguments

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: Williams' IRS ruling Blanche confirmation hearing Salgado Araujo shooting Duran Guerrero shooting Boasberg's footnote crusade Check out the OA Linktree for all the places to go and things to do!

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. “Trump’s Immigration Enforcement Really is Slashing Violent Crime,” John R. Lott, Jr, The Federalist (July 9, 2026) FBI’s National Crime Victims Survey data “Governing America means loyalty to America,” Rep. Nancy Mace, Newsweek (July 4, 2026) Judge Sparkle Sooknanan’s preliminary injunction order in League of Women Voters v DHS Judicial nominee Sparkle Sooknanan’s responses to Sen. Lindsay Graham’s judicial questionnaire (March 20, 2024) “The Top 15 Bullshit Album Reviews That Rolling Stone Magazine Had the Balls to Publish,” Reel Harmonies (July 14, 2014) Check out the OA Linktree for

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 Linktree for all the places to go and things to do!

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. “Final federal Prairieland ‘antifa’ defendant sentenced to six years after helping shooter evade arrest,” The Dallas Morning News (6/6/2026) Indictment in United States v. Stuckart et al., Eastern District of Washington (7/9/2025) “DOJ Targets Anti-ICE Demonstrators with Conspiracy Charges,” PBS Newshour on Instagram (3/31/2026) Indictment in United States v. Sant et al., District of Minnesota (6/11/2026) Trump’s Spaghetti-Against-the-Wall

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.

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.

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 Trump v. Barbara — 25-365 (June 30, 2026)(birthright citizenship) Learning Resources v. Trump — 24-1287  (Feb. 20, 2026) (IEEPA tariffs) Trump v. Cook — 25A312 (June 29, 2026) (Fed removal) Trump v. Slaugh

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. Mullin v. Doe (June 25, 2026)(Alito, J.) Appendix with emails filed into Mullin v. Doe (June 16, 2026) Mullin v.

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. D'Ambrosio v Meta Platforms, Inc., No. 25-2231 (7th Cir. 2026) Oral arguments Docket Permalink to Marc Trent’s website Sanction laws: Fed. R. Civ. P. 11. Fed. R. Civ. P. 38. 28 U.S.C. § 1927 28 U.S.C. § 1912 Check out the OA Linktree for all the places to go and things to do!

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 rec

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 pat

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

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. “Comeback Time,” William Safire,  The New York Times (4/19/1973) “Todd Blanche is Unfit for Office,” The Editorial Board, The New York Times (6/15/2026) “Blanche and the New York Times,” Michael Fragoso, National Review (6/15/2026) Opening Arguments Linktree (Patreon, socials, and more): https://linktr.ee/openingarguments

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. Swain v. Alabama, 380 U.S. 202 (1965) Batson v. Kentucky, 476 U.S. 79 (1986) J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994) Flowers v. Mississippi, 588 U.S. 284 (2019) Pitchford v. Cain, 608 U.S. ___ (2026) Batson “Justifications” Catherine M. Grosso & Barbara O’Brien, A Stubborn Legacy: The Overwhelming Importance of Race in Jury Selection in 173 Post-Batson North Carolina Capital Trials, 97 Iowa L. Rev. 1531 (2012). Shamena Anwar, Patrick Bayer, & Randi Hjalmarsson, The Impact of Jury Race in Criminal

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 Patreon.com/law and pledge at $2+!

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 sports

OA1268 - Patents, trademarks, and copyrights, ach mein! How did the Fender Stratocaster, a guitar that has been in continuous manufacture since 1954, Suddenly become the subject of an intellectual property dispute? Well, maybe this didn’t exactly come from Out of the Woods. Fender has had 5 utility patents, 1 design patent, and 3 trademarks relevant to the Stratocaster Through the Years. But the one thing that’s been Slipping Through Their Fingers all this time was protection for that iconic (or is it?) body shape. After their design patent expired, their trademark application was Denied, and US copyright was definitionally Forbidden, anyone could see that Nothing Really Matters to the US Patent and Trademark Office, and Fender was left Walking in the Snow. Very similar (some might say identical) body shapes entered the market. It’s Late, but perhaps not too late. Fender sailed the Seven Seas to another country with different copyright laws. But with only a German court order in hand, will Fender be able to m

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.  People v. Peters, Colorado Appeals Court #2026COA24 (4/2/2026) “MOTION FOR RELIEF FROM JUDGMENT OR ORDER, OR, IN THE ALTERNATIVE, FOR LEAVE TO APPEAR AS AMICI CURIAE BY THIRTY-FIVE FORMER FEDERAL JUDGES,” Trump v. IRS, filed 5/27/2026  Initial complaint in Green v Google et al (filed 1/23/2026) Check out the OA Linktree for all the places to go and things to do!

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 patreon.com/law, and start reading our first selection ahead of our first live Zoom meetup later this month. “Alito Is The Most 'Courageous' Justice You've Never Read About,” Mollie Hemingway, The Federalist (April 21, 2026) Carroll couldn't remember the year. But she remembered to lie,” Joe Concha, The Examiner (May 30, 2026) Watch us on YouTube! Check out the OA Linktree for all the places to go and things to do!

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). Egbert v. Lippmann, 104 U.S. 333 (1881) Thaler v. Vidal, 43 F.4th 1207 (2022) Larami Corp. v. Amron, 27 U.S.P.Q.2d 1280 (E.D. Pa. 1993) Larami Corp. v. Amron, 91 F.3d 166 (Fed. Cir. 1996) Check out the OA Linktree for all the places to go and things to do!