Opening Arguments

... 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. “Protecting the Meaning and Value of American Citizenship,” The White House (1/20/2026) U.S. v. Wong Kim Ark, 169 U.S. 649 (1898)[PDF] Brief for the Petitioners in Trump v. Barbara Brief for Respondents in Trump v. Barbara Trump v. Barbara Supreme Court oral argument transcript (4/1/2026) Amicus brief filed by Prof. Evan Bernick & Prof. Jed Shugerman Check out the OA Linktree for all the places to go and things to do!

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!

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). https://courts.delaware.gov/Opinions/Download.aspx?id=392880 Fortis Advisors. https://www.fortisrep.com 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. https://www.pcgamer.com/software/ai/pubg-maker-krafton-is-an-ai-defense-company-now-signs-deal-with-korean-aerospace-firm-that-includes-investment-of-up-to-usd1-billion-aiming-to-expand-the-physical-ai-ecosystem/ Winslow, L. (2025). Subnautica 2 devs claim there’s no GenAI in game after publisher’s “AI first” shift. Gamespot. https://www.gamespot.com/articles/subnautica-2-devs-claim-theres-no-genai-in-game-after-publishers-ai-first-shift/1100-6535799/

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. Complaint in K.G.M. v. Meta, filed April 28, 2025 in LA Superior Court Exclusive: ICE’s Bounty Hunters, Ken Klippenstein (March 24, 2026) Leaked spreadsheet of ICE 287(g) payouts [PDF] Complaint in Freeman v. Wolff, filed May 23, 2022 in SDNY Summary judgment order in Freeman v. Wolff, March 16, 2026 (McMahon, J.) Check out the OA Linktree for all the places to go and things to do!

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.

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. Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026). Fortis Advisors Weisdorfer, E. (2024). Transformative play: The legalities of modding in the video game industry. Cybaris, 16, 79-115. Check out the OA Linktree for all the places to go and things to do!

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. Superseding Indictment #1 in United States v. Arnold (2025) Jury verdict in in United States v. Arnold (2025) “Meet the Defendants,” DFW Defense Committee website “Specification of Charges in the matter of Edward R. Martin Jr.” District of Columbia Board on Professional Responsibility (3/6/2026) “Review of State Bar Complaints and Allegations Against Department of Justice Attorneys,” Federal Register (3/5/2026) Check out the OA Linktree for all the places to go and things to do!

Hey folks, no video this week so instead I wanted to give you another episode of our new trial over on Gavel Gavel, US v. Dunn! This is episode 2 (we have released 4 on the Gavel Gavel 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!

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: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.22.2_3.pdf Search warrant: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.1.5_1.pdf Order to unseal documents: https://storage.courtlistener.com/recap/gov.uscourts.gand.355087/gov.uscourts.gand.355087.9.0.pdf Cline, S., Swenson, A., & Riccardi, N. (Mar. 3, 2026). Change in primary voting rules leads to confusion in 2 Texas counties as voters are turned away. ABC 13. Democracy Docket (Mar. 3, 2026). Texas Dallas County polling hours extension request. Rose, S. (Feb. 3, 2026). Thousands of ballots seized in GA. Here’s how it will affect voter info, how you can protect yours. Ledger-Enquirer. Fowler. S. (Feb. 11, 2026). The FBI seizure of Georgia 2020 election ballots relies on debunked claims. NPR. Duster, C. (Oct. 5, 2024). Can someone find out who you voted for? No. Here is what you should know. NPR. Sherman, A. (Feb. 1, 2022). A claim about serial numbers on ballots is misguided. Politifact. Dawsey, J., Volz, D., & Gurman, S. (Jan. 29, 2026). Spy chief Tulsi Gabbard is hunting for 2020 election fraud. Wall Street Journal. Kaplan. A. (Jan. 16, 2026). LindellTV host Emerald Robinson claims Patrick Byrne “got called in to the white house”. Media Matters for America. Clark. D.B. (Feb. 9, 2026). The conservative researcher being linked to the FBI’s seizure of election records in Georgia. ProPublica. ACLU New Jersey (Mar. 4, 2026). Civil rights groups, New Jersey voters file motion to protect voters’ privacy. Biryukov, N. (Feb. 27, 2026). Trump administration sues New Jersey for voters’ private information. New Jersey Monitor. Check out the OA Linktree for all the places to go and things to do!

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. Statement of Objection to Ticketmaster Live Settlement, 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) Complaint in United States et al. v. Live Nation (2024) Term Sheet for the Resolution of United States et al. v. Live Nation (2024) “Trump convenes ‘Shield of Americas’ summit with 12 Latin American leaders,” The Guardian, (3/7/2026) Show cause order in Fivehouse v. US Department of Defense (2025) Complaint in Nippon Life Insurance Company of America v. OpenAI Foundation (2026) Complaint in Risch v. KalshiEX LLC (2026) Check out the OA Linktree for all the places to go and things to do!

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. Watch this episode on YouTube! “NO GOING BACK: The Truth On What’s Wrong With Politics and How to Move America Forward,” Kristi Noem (2024) DHS ad filmed at Mount Rushmore featuring Kristi Noem on horseback “Firm Tied to Kristi Noem Secretly Got Money From $220 Million DHS Ad Contracts,” Justin Elliott, Joshua Kaplan and Alex Mierjeski, ProPublica (Nov. 14, 2025) “Markwayne Mullin is for Trump--and Indian Country,” Graham Lee Brewer, High Country News (Dec. 9, 2019) “ICE Barbie Replacement Mark Mullin Makes a Killing From Trump’s Wars,” Harry Thompson & Tom Latchem, March 9, 2026 “Mullin’ It Over” column archives on Markwayne Mullin’s Senate website Check out the OA Linktree for all the places to go and things to do!

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. “Major questions doctrine” first appearance in any court case: West Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022) 2. “Major question doctrine” [not plural] in an EPA statement on deregulations: 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. “Economic and political significance” allegedly the first unnamed use of the concept: F.D.A. v. Brown & Williamson Tobacco Co. 529 U.S. 120 (2000) 5. “Major questions” first appears in any legal scholarship… 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: Cass R. Sunstein, There are two “Major Questions” Doctrines, 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: Abigail Moncrieff, Reincarnating the "Major Questions" Exception to Chevron Deference as a Doctrine of Non-Interference as a Doctrine of Non-Interference (Or Why Massachusetts v. EPA Got It Wrong), 60 Admin L. Rev. 593 (2008). Moncrieff, above, cites this as the original coining of “major questions”, not Breyer’s 1986 paper: Cass R. Sunstein, Chevron Step Zero, 92 VA. L. Rev. 187 (2006). Other definitions from legal scholarship: Allison Orr Larsen, Becoming a Doctrine, 76 Fla. L. Rev. 1 (2024). Austin Piatt & Damonta D. Morgan, The Three Major Questions Doctrines, Forward Wis. L. Rev. 19 (2024). Thomas B. Griffith & Haley N. Proctor, Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine, 132 Yale L.J. F. 693 (2022). Chad Squitieri, Who Determines Majorness?, 44 Harv. J.L. & Pub. Pol’y 463 (2021). Kevin O. Leske, Major Questions about the “Major Questions” Doctrine, 5 Michigan Journal of Environmental & Administrative Law 479 (2016). Jonas J. Monast, Major Questions About the Major Questions Doctrine, 68 Admin. L. Rev. 445 (2016). Other relevant cases: Learning Resources, Inc. v. Trump, 607 U.S --- (2026) Biden v. Nebraska, 600 U.S. 477 (2023) King v. Burwell, 576 U.S. 473 (2015) Utility Air Regulatory Group v. EPA, 573 U.S. 302 (2014) Check out the OA Linktree for all the places to go and things to do!

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! “Top Experts’ Backgrounder: Military Action Against Iran and US Domestic Law,” Brian Egan and Tess Bridgeman, Just Security (2/28/2026) “AUTHORITY TO USE MILITARY FORCE IN LIBYA,”DOJ Office of Legal Counsel memorandum, (4/1/2011) Certiorari petition in United States v. Hemani (6/2/2025) Audio from oral arguments in United States v. Hemani (3/2/2026) “Six Senators Accuse Deputy Attorney General of “Glaring” Crypto Conflict, Cite ProPublica Investigation,” Corey G. Johnson, ProPublica (1/29/2026) “RFK Jr. wants Dunkin’ to prove drinking its iced coffee is safe,” Tal Kopan, The Boston Globe, (3/4/2026) “Dunkin' Nutritional Facts” (2026) [PDF]

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. Watch this episode on YouTube! Nobody's Girl, Virginia Roberts Giuffre (2025) Virginia Giuffre’s full 2019 interview on 60 Minutes Australia Ian Maxwell’s video interview with The Telegraph, Feb. 20, 2026 Ian Maxwell’s author page at The Spectator “The truth about my sister, Ghislaine Maxwell,” Ian Maxwell, The Spectator, 12/16/2021 “My sister Ghislaine was denied justice,” Ian Maxwell, The Spectator (UK edition), 7/1/2022 “Don’t take Virginia Giuffre’s memoir at face value,” Ian Maxwell, The Spectator, 11/5/2025 “How my sister Ghislaine beat the Epstein conspiracy theories,” Ian Maxwell, The Spectator, 9/9/2025 “My sister Ghislaine became a prop in the theater of global online outrage,” Ian Maxwell, The Spectator, 2/25/26 Full Department of Trade and Industry report regarding the investigation into Robert Maxwell's pension fund embezzlement and corporate fraud (2001) Check out the OA Linktree for all the places to go and things to do!

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, Acacia Center for Justice.

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! Learning Resources, Inc. et al. v. Trump (2/20/2026) United States Postal Service v. Konan (2/24/2026) “The Postmaster,” William Shawn, The New Yorker (11/14/1970)(letter addressed to William Faulkner from Post Office Inspector Mark Webster) Memorandum Summary of Documents Newly Received from DHS Whistleblowers, Sen. Richard Blumenthal (2/23/2026)(with leaked ICE training documents attached) Check out the OA Linktree for all the places to go and things to do!

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. Olmstead v. L.C. 527 U.S. 581 (1999) Americans with Disabilities Act - Findings and Purpose; 42 U.S.C. § 12101(a)(2, 3, & 5) Americans with Disabilities Act - Discrimination; 42 U.S.C. § 12132 28 CFR § 35.130(d) Jesse Jackson (July 18, 1989). Statement before the Committee on Education and Labor Subcommittee on Select Education (regarding the Americans with Disabilities Act). Check out the OA Linktree for all the places to go and things to do!

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. Federal indictment of Nakima Levy Armstrong, Don Lemon, Georgia Fort, et al in connection with January 18, 2026 protest at Cities Church DOJ Office of Civil Rights memo re: FACE Act charging policy (Jan 24, 2025) The Freedom of Access to Clinic Entrances (“FACE”) Act, 18 USC 248 Petitioner’s 28(j) letter in Mahdawi v. Trump with copy of the Immigration Judge’s order terminating Mohsen Mahdawi’s removal proceedings attached (Feb. 17, 2026) Judge Xinis’s order preventing Kilmar Abrego Garcia’s re-detention by ICE (Feb. 17, 2026) Complaint in Kalil v. Kalil, filed Jan. 6, 2026 Excerpts from Rev. Jesse Jackson’s “Keep Hope Alive” speech at the 1988 Democratic National Convention Check out the OA Linktree for all the places to go and things to do!

E23 - For today's amuse douche: a savory sample of our favorite Harvard Law professor’s extremely normal 2015 explanation of his appearances in Jeffrey Epstein’s flight logs. We then take on an almost painfully normal 1997 Dersh LA Times oped in which the lawyer who would go on to secure one of the best plea deals a pedophile has ever received complains about all of those pesky age of consent laws. Finally: some of the worst reactions from men exposed in the Epstein files. You can also watch this episode on YouTube! “Gelernter tells dean he stands by praising student's looks to Epstein,” Yale News, Feb 5, 2026 “Statutory Rape is an Outdated Concept, Alan Dershowitz, LA Times (1997)(retrieved from Newspapers.com.) Steven Pinker's linguistic analysis for Epstein's defense team, eventually resulting in Epstein's "sweetheart deal" (attachment in linked email, June 28, 2007). Check out the OA Linktree for all the places to go and things to do!

OA1236 - Elections grab bag! Election news has been accumulating, so Jenessa helps us get caught up on what’s going on. Who’s winning elections? What’s going on with redistricting? Heard something confusing about the mail? Trump back on his bullshit again? Good news, mixed news, debunking alleged bad news, bad news with plans for how to turn things around; we’ve got it all. Updates since we recorded: The SAVE America Act passed the House. Also the affidavit for the warrant in Georgia was unsealed. We’ll talk about it soon, but the short version is these people really still believe in election conspiracy theories. It’s gross. We’ll survive. John Hanna & Julie Carr Smyth (Feb. 1, 2026). Texas stunner: Democrat Taylor Rehmet flips Republican state Senate district Trump won by 17 points, Associated Press. Amy Howe (Feb. 4, 2026). Supreme Court allows California to use congressional map benefitting Democrats, SCOTUSBlog. Tangipa v. Newsom (docket and SCOTUSBlog coverage), SCOTUSBlog. Abbott v. League of United Latin American Citizens (docket and SCOTUSBlog coverage), SCOTUSBlog. H.R.7296 - SAVE America Act, Congress.gov. H.R.7300 - Make Elections Great Again Act. Congress.gov. Domestic Mail Manual 608.11 Domestic Mail Manual amendment explanation (Nov. 24, 2025). Postmarks and Postal Possession, Federal Register. 39 CFR Part 111 Dan Mooney, What Is RTO? Why Do We Have It?, National Association of Postal Supervisors (Aug. 19, 2025) Regional Transportation Optimization (RTO) initiative. (Feb. 2, 2025). Service Standards for Market-Dominant Mail Products, Federal Register. 39 CFR Part 121 Track Your Ballot or Ballot Application, Vote.org. 2 U.S.C. § 7 - Time of election (Dec. 24, 2025). Table 11: Receipt and Postmark Deadlines for Absentee/Mail Ballots, National Conference of State Legislatures. Evan Lee (Jan. 15, 2026) Court holds that all candidates can challenge rules governing vote counting in elections, SCOTUSBlog. Bost v. Illinois State Board of Elections, 607 U.S. __ (2026). Bost v. Illinois State Board of Elections (docket and SCOTUSBlog coverage), SCOTUSBlog. Amy Howe (Nov. 10, 2025). Justices agree to decide major election law case, SCOTUSBlog. Watson v. Republican National Committee (Election Law) (docket and SCOTUSBlog coverage), SCOTUSBlog. Check out the OA Linktree for all the places to go and things to do!

OA1235 - Today on Rapid Response Friday: Matt’s still on island time, so it’s a good-news-only kind of day as we review (1) the historic termination of deportation proceedings against Tufts grad student Rumeysa Ozturk, (2) new judicial restraints on ICE, (3) a DC federal judge’s outstanding rebuke to DHS Secretary Kristi Noem’s attempt to deport 350,000 Haitians, and (4) a Republican revolt on Trump’s emergency tariffs. (Also: just how stupid is the super-secret memo which ICE has apparently been using to justify breaking into some immigrants’ homes without a judicial warrant?) Finally in today’s footnote: Matt shares how his attempt to mail some pants from the U.S. Virgin Islands revealed a weird loophole in Trump’s emergency tariff orders which is now forcing some U.S. citizens to pay international duties on domestic shipments. In re: Ruiz-Massieu, Int. Dec. #3400, Board of Immigration Appeals (June 11, 1999) Whistleblower Aid letter detailing secret ICE memo allowing arrests without warrants (memo attached at Ex. 1)(Jan. 6, 2026) Sample I-205 ICE administrative warrant D.C. District Court judge Ana Reyes’s decision in Moit v. Trump preserving Temporary Protected Status for Haitians in the U.S. (2/2/2026) “Suspending Duty-Free De Minimis Treatment for All Countries,” The White House (July 30, 2025) Check out the OA Linktree for all the places to go and things to do!

VR22 - Matt reports in just a few miles from--and this is true--Epstein Island to provide a recap of his recent visit to Minnesota days after Alex Pretti’s murder for the first major gathering of state legislators joining forces to stop federal overreach since 1814. How are the people of Minneapolis and their elected leaders holding up on the front lines of the Department of Homeland Security’s war on America, and what can we learn from their example? Finally, in today’s Vapid Response: professional centrist (and amateur constitutional scholar) Lionel Shriver explains how nearly three hours of research has convinced her that sanctuary jurisdictions, the people of Minneapolis, and Antonin Scalia have gotten it all wrong. State Futures website Video of the Minnesota Senate Rules and Administration Select Subcommittee on Federal Impacts to Minnesotans and Economic Stability hearing held Jan. 29, 2026 “There Should Be No Sanctuary From ICE,” Lionel Shriver, The Spectator (Jan 2025) Check out the OA Linktree for all the places to go and things to do!

Take a break from the downfall of democracy and instead get outraged at the deep injustice of a year-long feud over a bronze medal in women’s gymnastics. This story’s got everything: bravery, racism, the best and the worst of sportsmanship, bad blood that’s been brewing since the Cold War, and, somehow, the Swiss Federal Court. Come for the weird gymnastics scoring rules, stay for the legal analysis of international arbitration rules. Rory Carroll (August 5, 2024). Gymnastics - Biles bows to Andrade in floor final at Paris games. Reuters. International Gymnastics Federation, Code of Points 2022-2024: https://www.gymnastics.sport/publicdir/rules/files/en_2022-2024%20WAG%20COP.pdf 2025-2028: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20WAG%20COP%202025-2028.pdf International Gymnastics Federation, Technical Regulations 2024: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20Technical%20Regulations%202024.pdf 2025: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20Technical%20Regulations%202025.pdf English press release from Swiss Federal Court. Further reading: Richard McLaren, The CAS Ad Hoc Division at the Athens Olympic Games, 15 Marq. Sports L. Rev. 175 (2004). Video of the relevant floor routines, plus a time stamp for when they all attempt the infamous Gogean leap: Rebeca Andrade: 0:55; https://www.youtube.com/watch?v=xXKM8ThtYOE Simone Biles: 0:53; https://www.youtube.com/watch?v=f2m2UL5bljw Jordan Chiles: 1:29; https://www.youtube.com/watch?v=kU0769SvbWE Ana Bărbosu: 1:06; https://www.youtube.com/watch?v=ik01tvmwV9c Sabrina Maneca-Voinea: 1:49; https://www.youtube.com/watch?v=WuF-smKa4Vo Check out the OA Linktree for all the places to go and things to do!

OA1233 - We are not conspiracy theorist type people. But... yeah man I don't know. But also, so much more in these files to talk about. If you know anything about the federal government’s 2007 plea deal with Jeffrey Epstein you know that it was bad. But newly-released documents from the Epstein files show that it was actually much worse than that! Thanks to a newly-released legal memo, a draft indictment, and internal emails between prosecutors we now have a much better understanding of the disagreements within US Attorney for the District of Southern Florida Alex Acosta’s office as they finalized the terms of a much-too-friendly agreement between the US government and a billionaire pedophile which a federal appeals court would later call “a national disgrace.” Matt has the receipts for this special emergency episode. You can also watch this episode on YouTube! Steve Bannon’s Interview with Jeffrey Epstein (directly downloaded from the DOJ) Investigation into the U.S. Attorney’s Office for the Southern District of Florida’s Resolution of Its 2006–2008 Federal Criminal Investigation of Jeffrey Epstein and Its Interactions with Victims during the Investigation (Department of Justice Office of Professional Responsibility, 2020) Incident Report (Palm Beach Police Department, 2006) Epstein indictment draft (United States Attorney’s Office in the Southern District of Florida, 2007) Appendix in The People of the State of New York v. Jeffrey E. Epstein (2013) Opinion - Alex Acosta acted with professionalism and integrity in handling the Jeffrey Epstein case (Miami Herald, 2/16/2019) Check out the OA Linktree for all the places to go and things to do!

E21 - CONTENT WARNING / TRIGGER WARNING: references to child sex abuse, child sex abuse materials, survivor accounts Watch this episode on YouTube! The Epstein Files have been released--or have they? Days after the Department of Justice’s delayed and poorly-redacted release of millions of new documents connected with the world’s most infamous sex trafficker, we sit down for a first look at what is (and isn’t) in here. We begin with Deputy Attorney General Todd Blanche’s attempt to fight for the right to party with Jeffrey Epstein before evaluating the DOJ’s efforts to comply with its Congressional mandate to release the files more than a month after they were supposed to. We also look at a heartbreaking journal from an anonymous survivor to try to understand before Matt pulls out some selections from keyword searches which implicate Elon Musk, mega-financier Leon Black, magician David Copperfield, sitting Secretary of the Treasury Howard Lutnick, former Obama administration lawyer Kathy Ruemmler, and many more. Also: what to make about the wilder allegations you may have heard involving Donald Trump, and what it means to “be in the Epstein files” at all. NEXT TIME: the most disgusting plea deal in American history somehow gets… worse? Epstein Files Transparency Act, PL 119-38 (11/19/2025) Epstein Library search page, DOJ.gov (CW/TW) Anonymous survivor’s journal, removed from DOJ Epstein Library but backed up to Archive.org on 2/1/26 (CW/TW)

OA1232 - Hey OA-ers, this episode was a Gavel Gavel bonus, but we wanted to be sure everyone was updated on what's going on with the Luigi Mangione trials. New York public defender Liz Skeen is here to break it all down! And since the judge made some rulings on 1/30, I've got an update for ya! Check out the OA Linktree for all the places to go and things to do!

OA1231 - The DHS funding battle is important, but really can't accomplish what you might hope it can. When it comes to the Fed, ALL OF A SUDDEN the court cares about the real world effects of their decisions. And a figure skating related footnote!

Part 2 of 2. OA 1230 - Seeing all the obstacles to holding government officials accountable, Congress created Section 1983, allowing citizens to sue for money damages for violations of their civil rights. We cover how that works, the one weird trick it uses to get around state sovereign immunity, and how that accidentally created the infamous qualified immunity doctrine that has made police seemingly unaccountable. We also discuss proposed reforms that might fix issues of qualified and sovereign immunity. 42 U.S.C § 1983 Pierson v Ray, 386 U.S. 547 (1967) Graham v Conner, 490 U.S. 386 (1989) Pearson v Callahan, 555 U.S. 223 (2009) Kisela v Hughes, 584 U.S. 100 (2018) Barnes v Felix, 605 U.S. 73 (2025) Barnes v Felix, 138 Harvard L. Rev. 291 (2025). Julia Yoo, The Problem with Policing in the United States, ADVOCATE (Feb. 2021). David J. Ignall, Making Sense of Qualified Immunity: Summary Judgment and Issues for the Trier of Fact, 30 Cal. W. L. Rev. 201 (1994). (NOTE: Good review for basics, but note the date!) Bivens v. Six Unknown-Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) Egbert v Boule, 596 U.S. 482 (2022) S. 122 Qualified Immunity Act of 2025 119th Cong. (2025) S. 3186 Constitutional Accountability Act 119th Congr. (2025) H.R. 6091 Bivens Act of 2025 119th Congr. (2025) H.R. 4944 Ending Qualified Immunity for ICE Agents Act 119th Congr. (2025) Qualified Immunity Abolition Act of 2026 (no bill number assigned yet) Gelinas, S. (2026, January 18). Markey, Pressley renew push to end qualified immunity after ICE shooting death. Athol Daily News. Check out the OA Linktree for all the places to go and things to do!

Part 1 of 2. OA 1229 - What happens when a government worker does you wrong? How is it different to prosecute and sue them? When does qualified immunity come in to play? We discuss the steps involved in prosecuting and suing someone for a simple battery, and how that differs for a regular person versus a state actor. We cover how and when defenses can be raised, federal and state sovereign immunity, suing in official versus personal capacity, the difference between absolute and qualified immunities, and the ways this will apply differently to criminal prosecution versus civil litigation. Siegell v Herricks Union Free School District, 7 AD3d 607 [2d Dept 2004] (Elements of civil battery in NY) N.Y. Penal Law § 120 (NY criminal “battery”) Fla. Stat. § 776.032 (Florida self-defense as an affirmative defense and immunity) Ohio Rev. Code § 2901.05 (Ohio self-defense as a standard defense) N.Y. Penal Law § 35 (NY justification defenses) Roger Fairfax, The Grand Jury’s Role in the Prosecution of Unjustified Police Killings - Challenges and Solutions, 52 Harvard Civil Rights-Civil Liberties Law Review 397 (2017). Michael Gentithes, Harvesting the Grand Jury’s “Lay Expertise” in Officer-Involved Shootings, U. Ill. L. Rev. 989 (2025). In re Neagle, 135 U.S. 1 (1890) Gregory C. Sisk, A Primer on the Doctrine of Federal Sovereign Immunity, 439 Okla. L. Rev. 58 (2005). 28 U.S.C. § 2680(h) Miles McCann, State Sovereign Immunity, National Association of Attorneys General (Nov. 11, 2017) State Sovereign Immunity - Generally, Interstate Commission for Juveniles, https://www.juvenilecompact.org/bench-book/chapter-6-1 Ex Parte Young, 209 U.S. 123 (1908) Scheuer v. Rhodes, 416 U.S. 232 (1974) Moor v. County of Alameda, 411 U.S. 693 (1973) O’Shea v Littleton, 414 U.S. 488 (1974) Judicial Immunity at the (Second) Founding: A New Perspective on § 1983, 136 Harvard L. Rev. 1456 (2023). Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

OA1228 - On this week's Rapid Response Friday: we take on all of your legal questions about this whole Greenland thing--including how a 1916 diplomatic treaty with Denmark also enabled some of Jeffrey Epstein’s worst crimes. Also discussed: what it took to finally force Lindsay Halligan to stop telling everyone that she was the U.S. Attorney for the Eastern District of Virginia, and how a Minnesota judge designed her unique order to protect Minneapolis protesters and observers from ICE’s lawless violence. Finally, in today’s footnote: is it enough that McDonald’s can promise that their most elusive sandwich is “100% pork”? We dig into a recent lawsuit over the McRib to see if there is any meat on the bone. The US-Denmark Defense of Greenland Agreement (1951) “How Congress Can Preserve NATO and Greenland: Using 22 USC 1928f to Protect the Peace,” Alberto J. Mora, Just Security (1/16/2026) Judge Novak’s order officially striking Lindsay Halligan’s appearance from the record and requiring that she stop “masquerading” as the U.S. Attorney for the Eastern District of Virginia (1/20/2026) Tincher v. Noem docket Judge Menendez’s preliminary injunction in Tincher v. Noem (1/16/2026) Complaint in Lynch et al v. McDonald’s, Eastern District of Illinois (12/25/2025) Check out the OA Linktree for all the places to go and things to do!

E20 - Detention Watch Network executive director Silky Shah has been organizing against ICE on the ground to fight throughout the agency’s entire 23-year existence. We are excited to welcome her and her unique perspective to Opening Arguments to discuss both the urgency and the hope of our current moment, the challenges faced by organizers and advocates, what lawyers can (and can’t) do in the face of a lawless system, and imagining life after ICE. You can also watch this episode on YouTube! Unbuild Walls: Why Immigrant Justice Needs Abolition, Silky Shah (2024) “Congress Has Made ICE the Largest Law Enforcement Agency In The Country,” Silky Shah, Truthout (1/20/2025) Detention Watch Network website Donate directly to support Detention Watch Network Check out the OA Linktree for all the places to go and things to do!

OA1227 - Come play the worst ever round of the Connections game and figure out what on earth Tuskegee Alabama, the CDC, Southern Denmark University, and the West African country of Guinea-Bissau all have in common, as RFK Jr. continues his campaign of “just asking questions” that we already have the answer to. Black men untreated in Tuskegee syphilis study. Heller, J. (July 25, 1972; republished May 10, 2017). Associated Press. The untreated syphilis study at Tuskegee timeline. Centers for Disease Control. (September 4, 2024). 45 CFR 46 Protection of Human Subjects. (Department of Health and Human Services regulations to implement the National Research Act and create Institutional Review Board policies). Hepatitis B. World Health Organization (July 23, 2025). Should the U.S. model its vaccine policy on Denmark’s? Experts say we’re nothing alike. Godoy, M. (December 26, 2025). NPR. RFK Jr. overhauls childhood vaccine schedule to resemble Denmark’s in unprecedented move. Lovelace Jr., B., Edwards, E., Fattah, M., & Bendix, A. (January 5, 2026). NBC News. What is actually the emerging evidence about non-specific vaccine effects in randomized trials from the Bandim Health Project? Støvring, H., Ekstrøm, C.T., Schneider, J.W., & Strøm, C. (2025). Vaccine, 68, 1-4. Notice of award of a single source unsolicited grant to fund University of Southern Denmark (SDU). Department of Health and Human Services. (December 15, 2025). U.S. plan for $1.6m hepatitis B vaccine study in Africa called ‘highly unethical’. Schreiber, M. & Lay, K. (December 19, 2025). The Guardian. CDC awards $1.6 million for hepatitis B vaccine study by controversial Danish researchers. Szabo, L. (December 18, 2025). Center for Infectious Disease Research and Policy. CDC funds controversial hepatitis B vaccine trial in African newborns. Offord, C. (December 18, 2025). Science Insider. Research ethics and compliance support. Southern Denmark University. Further reading: Qiao, H. (2018). A brief introduction to institutional review boards in the United States. Pediatric Investigation, 2, 46-51. U.S. Department of Health and Human Services. International compilation of human research standards. https://www.hhs.gov/ohrp/international/compilation-human-research-standards/index.html University of North Carolina. Nuremberg Code. https://research.unc.edu/human-research-ethics/resources/ccm3_019064/ Torrance, R.J., Mormina, M., Sayeed, S., Kessel, A., Yoon, C.H., & Cislaghi, B. (2024). Is the U.N. receiving ethical approval for its research with human participants? Journal of Medical Ethics, 51, 1-4. Barchi, F. & Little, M.T. (2016). National ethics guidance in Sub-Saharan Africa on the collection and use of human biological specimens: A systematic review. BMC Medical Ethics, 17, 1-25. Salhia, B. & Olaiya, V. (2020). Historical perspectives on ethical and regulatory aspects of human participants research: Implications for oncology clinical trials in Africa. JCO Global Oncology, 6, 959-965. Check out the OA Linktree for all the places to go and things to do!

OA1226 - We begin with a review of the unprecedented lawsuit that Minnesota has filed against ICE with the extreme leftist radical demand that they obey the law and U.S. Constitution. How much power do states have to limit federal operations, and what are the chances a court order might put some guardrails on the largest enforcement operation in ICE history? We then consider the legal and political merits of articles of impeachment filed against Secretary of Defense Pete Hegseth, Secretary of Health and Human Services Robert F. Kennedy, Jr., and Secretary of Homeland Security Kristi Noem. Finally: we honor the passing of civil rights hero Claudette Colvin, whose bravery as a 15-year-old on a Montgomery, Alabama bus nine months before Rosa Parks refused to give up her seat put the final nail into the “separate but equal” justification for racial segregation established by the Supreme Court in Plessy v. Ferguson. State of Minnesota v. Noem, complaint filed 1/12/2026 “House Resolution 935: Impeaching Pete Hegseth, Secretary of Defense for the United States for high crimes and misdemeanors,” Rep. Shri Thaneder (12/9/2025) “House Resolution 944: Impeaching Robert F. Kennedy Jr., Secretary of Health and Human Services for high crimes and misdemeanors,” Rep. Haley Stevens (12/10/2025) “House Resolution ___: Impeaching Kristi Lynn Arnold Noem, Secretary of Homeland Security, for high crimes and misdemeanors,” Rep. Robin Kelly (1/13/2026) “Firm Tied to Kristin Noem Secretly Got Money from $220 Million DHS Ad Contracts,” ProPublica (11/14/2025) “Impeachment: The Constitution’s Fiduciary Meaning of ‘High Crimes and Misdemeanors,’” Robert G. Natelson, The Federalist Society (6/19/2018) “Claudette Colvin, who refused to move seats on a bus at start of civil rights movement, dies” (NPR, 1/13/2026) Browder v. Gayle, 142 F.Supp. 707 (1956)(aff’d per curiam by U.S. Supreme Court 12/20/1956) Check out the OA Linktree for all the places to go and things to do!