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- Yesterday58 min
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. Nevada v. Hall, 440 U.S. 410 (1979) Franchise Tax Board of California v. Hyatt, 587 U.S. 230 (2019) Listen to oral arguments on Oyez: https://www.oyez.org/cases/2018/17-1299; Timestamp for Kavanaugh dropping the “egregiously wrong” bomb: 50:47 Ramos v. Louisiana, 590 U.S. 83 (2020), Kavanaugh concurrence Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022) Galette v. New Jersey Transit Corp., 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 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). West Virginia v. Environmental Protection Agency, 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” Chisholm v. Georgia, 2 U.S. 419 (1793) U.S. Const. amend. XI Hans v. Louisiana, 134 U.S. 1 (1890) Ex parte Young, 209 U.S. 123 (1908) Check out the OA Linktree for all the places to go and things to do!
- 4 days ago49 min
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).) Louisiana v. FDA et al, filed Oct 6, 2025 SCOTUS stay order in Danco Laboratories v. Louisiana et al(5/14/26) Full bodycam footage of the arrest of Jeana Renea Gamble, Fox10 (11/21/2025) Check out the OA Linktree for all the places to go and things to do!
- 6 days ago1h 5m
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”? “Remarks on the 250th Anniversary of the Declaration of Independence,” Clarence Thomas (full text of address given April 20, 2026)(full video here) The Enigma of Clarence Thomas, Corey Robin (2019)
- 1 weeks ago1h 4m
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 google doc.
- 1 weeks ago59 min
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? Indictment in U.S. v. James Brian Comey, Jr.(4/26/26) Docket in Flynn v. U.S. Rep. Jamie Raskin’s letter to Acting AG Todd Blanche re: Flynn settlement (4/6/26) Complaint in Ashli Babbit wrongful death suit (filed 1/5/2024) Complaint in Sullivan v. U.S. (J6 suit) Complaint in Trump v. IRS Disciplinary summary from Massachusetts Peace Officer Standards and Training (“POST”) Commission Check out the OA Linktree for all the places to go and things to do!
- 1 weeks ago48 min
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.
- 2 weeks ago43 min
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. Attorney Matthew Bergman’s bio from Lewis & Clark Law’s website Social Media Victims Law Center website Addiction By Design, Natasha Dow Shull, Princeton University Press (2014) Lemmon v. Snap, Inc., 995 F.3d 1085 (9th Cir. 2021) Check out the OA Linktree for all the places to go and things to do!
- 2 weeks ago1h 22m
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? “Application to Register Permanent Residence or Adjust Status,” U.S. Citizenship and Immigration Services (1/20/2025 edition) “Immigration Consequences of Criminal Activity,” Congressional Research Service (5/28/21) Matter of Peterson, 12 I&N Dec. 663 (BIA 1968) “Kicking the INA Out of Bed: Abolishing the Consummation Requirement for Proxy Marriages,” 22 Hastings J. Gender & L. 55 (2011) “Second Wives Club: Mapping the Impact of Polygamy in U.S. Immigration Law,” Claire A. Smearman, Berkeley Journal of Immigration Law (Dec. 2009)
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About 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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