Opening Arguments
Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith and lawyer Matt Cameron help you understand not only current events, but also deeper legal concepts and areas! The schedule is M-W-F, with the main show on Monday and Friday and Vapid Response on Wednesday!
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Did Mamdani Wipe Little Italy Off the Map?
Vapid Response Wednesday returns with a tasteful pairing of stories about alleged anti-Italian discrimination that go together like chianti and red sauce. Today's specials include: Aperitivo: a tasteless morsel from the least deserving recipient in the history of the Mark Twain Prize for American Humor Primo: a chef's kiss Washington Examiner oped on how NYC mayor Zohran Mamdani "erased" Little Italy Secondo: a spicy molto grosso meatball of a Boston lawsuit over alleged anti-Italian-American discrimination gives a federal court indigestion Dolce: our patrons! Listen ad-free and support the show at patreon.com/law "Mayor Mamdani, Why Did You Erase Little Italy?" Anthony Colombo Jr., Mike Crispi, Gerard Marrone, Washington Examiner (7/10/26) Second Amended Complaint in North End Chamber of Commerce et al v. City of Boston, filed 3/7/24 Order on Defendant's Motion to Dismiss in North End Chamber of Commerce et al v. City of Boston(12/20/24) North End Chamber of Commerce et al v. City of Boston, No. 25-1063 (1st Cir., 7/30/26) Check out the OA Linktree for all the places to go and things to do!
How a Bank Robbery Became a Fourth Amendment Landmark
Can a modern court implement modern solutions? It really depends on your perspective. Despite some baffling misconceptions about how… anything works, the Justices seem to be doing a pretty good job of ultimately deciding that yes, police do in fact need a warrant to deeply invade your digital privacy. While Kavanaugh appears to have the entire concept of data storage and search queries upside down and backwards, Gorsuch asks complex questions about metadata versus true content, how data is stored in individual accounts, and what other types of data would be exposed if police were allowed to search your location information without a warrant… and yet they both ultimately vote to protect your privacy. It's a weird world out there folks. Cases discussed: United States v. Jones Carpenter v. United States Chatrie v. United States Check out the OA Linktree for all the places to go and things to do!
The Most Brazen and Corrupt Heist in American History (GG Crossover!)
Apologies for being a little late on this one!Donald Trump sued the IRS, an agency he currently runs, for leaking his own tax returns, and asked for a cool $10 billion. Thomas, Lydia, and Matt dig through the actual complaint and a judge's increasingly suspicious rulings, all timed suspiciously close to Todd Blanche's confirmation hearing. It is dumber, and more corrupt, than it sounds. Cases discussed: Trump v. IRS Littlejohn leak case Patrons at patreon.com/gavelpod can listen to Part 2 right now!
LAM1015: Outlaw
LAM1015 - Jimmy Smits stars as a gambling, sports-shooting Supreme Court Justice with a law clerk paid to fend off his advances, in NBC's forgotten 2010 flop Outlaw. Thomas, Matt, and Lydia can barely get through a single scene without stopping to ask what this show thinks a Justice actually does. This free 45-minute preview only scratches the surface of how bad it gets. $2+ Patrons already have this full episode, plus an early part 2 of Jenessa's 4th Amendment privacy deep dive, at patreon.com/law. Friday brings a Gavel Gavel crossover on the ruling that blew up Trump and Todd Blanche's corrupt IRS settlement. Check out the OA Linktree for all the places to go and things to do!
How SCOTUS Paved the Way for Flock Cameras
Is anything private any more? Depends which Supreme Court Justice you ask. To kick off a series of episodes around data privacy and the law, first Jenessa walks us through a string of Supreme Court cases addressing 4th Amendment rights and technology. In part 1, we cover landmark cases with wiretapping, beepers, GPS trackers, thermal imaging, and more. Stick around for part 2 to hear how the modern composition of the court is responding to the proliferation of new technologies. Cases discussed: Olmstead v. United States Katz v. United States United States v. Knotts United States v. Karo Kyllo v. United States Riley v. California United States v. Miller Smith v. Maryland United States v. Jones Part 2 of this breakdown drops early for patrons at patreon.com/law. Check out the OA Linktree for all the places to go and things to do!
Todd Blanche Can Also Lie and Dodge Questions in Writing Too!
As we wait on the final vote tally for Attorney General nominee Todd Blanche, we take a look at written responses which he recently provided into the record to answer a wide range of Senate questions the day after his hearing concluded. We also take a closer look at how the 5th Circuit is trying to make a recent Clarence Thomas concurrence into law, and how Thomas's retrograde reading of the Constitution's Commerce Clause could end federal firearms charges and potentially take one of the pillars of the entire federal criminal punishment system along with them. Finally in today's footnote: AI in the courtroom hits an unbelievable new low. "Questions for the Record" for Todd Blanche issued after his confirmation hearing, with Blanche's responses (7/17/2026) U.S. v. Hemani (6/18/2026) En banc order from the 5th Circuit Court of Appeals in USA v. Squire (2026) Check out the OA Linktree for all the places to go and things to do!
Law on the Spectrum, with Peter O'Neil
OA1280 - Peter O'Neil was preparing for retirement after decades of practicing law when he learned that he was autistic at the age of 65. This realization inspired his memoir My So-Called Disorder: Autism, Exploding Trucks, and the Big Daddy of Rock and Roll, in which he looks back at his life and legal career to better understand how his neurodiversity played a role in both his most significant personal challenges and the unique professional talents which helped him to take on some of the largest corporations in the US as a products liability attorney. In this unusual intergenerational exchange between lawyers on the spectrum, Peter and Matt discuss their experiences and appreciate the ways that these so-called "disorders" have made them who they are. Peter O'Neil is the author of My So-Called Disorder, Autism, Exploding Trucks, and the Big Daddy of Rock and Roll, this month's OA Book Club pick. Join him live for book club on July 26th at 4:30pm Eastern, for patrons at any level at patreon.com/law. Check out the OA Linktree for all the places to go and things to do!
What Happened to You, Todd Blanche?
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!
Nancy Mace Thinks Anyone With a Foreign Name Is Disloyal
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 all the places to go and things to do!
The MAGA Justices Get Torched by... Amy Coney Barrett?!
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!
It's Not Just Prairieland and Broadview. More Lives Are Being Ruined by Unjust Prosecutions.
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 Indictment Against ICE Protesters — and How to Fight It, The Intercept (6/17/2026) "As ICE protesters like 'Spokane 3' are targeted, many still stand up," Seattle Times (6/15/2026) "In-Your-Face DOJ Aide Rides Prosecutors for 'Chief Client' Trump," Bloomberg (2/19/2026) 'Go Big and Go Loud': Inside the Justice Dept.'s Push to Prosecute Protesters, New York Times (3/19/2026) Indictment in United States of America v. Carmen Mercedes Lineberger, Southern District of Florida (5/19/2026) "William Shatner Wants to Know: What the Heck is Wrong With You, Space Force?" William Shatner, Military Times (8/26/2020) Check out the OA Linktree for all the places to go and things to do!
Ben Shapiro is having AI write his columns, and apparently not even the good models
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.
Trump Is Once Again Trying to Change the Law With Memos
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. v Osseo area schools (rights to accommodations for students with disabilities) Part 1; attempted dismantling of Olmstead: Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999) 28 C.F.R. § 35.130(d) Exec. Order No. 14321, 90 Fed. Reg. 35817 (Jul 24, 2025) Application of the Rehabilitation Act and Americans with Disabilities Act to State Institutionalization of Patients with Severe Mental Illness or Disabilities, 50 Op. O.L.C. __ (June 18, 2026) Part 2; the dismantling of the Department of Education: Exec. Order No. 14242, 90 Fed. Reg. 13679 (Mar. 20, 2025) Compl., State of New York v. McMahon, No. 1:25-cv-10601 (D. Mass. amended 01/09/2026) McMahon v. New York, 606 U.S. ___ (2025) Interagency Agreement Between the U.S. Department of Education and U.S. Department of Labor Relating to the Office of Elementary and Secondary Education (OESE) (plus addendums) Christy Wolfe (Dec. 16, 2025), Transferring K-12 Programs to Labor: Why Costs and Logistics Could Be a Problem for States and Schools, Bipartisan Policy Center Jennifer Smith Richards & Jodi S. Cohen (Mar. 2, 2026), ProPublica Sues Education Department for Withholding Records About Discrimination in Schools, ProPublica. U.S. Government Accountability Office (Feb. 2, 2026), Department of Education: Full Costs and Savings Estimate Needed for Reduction-in-Force and Restructuring of the Office for Civil Rights. U.S. Dept. of Education (June 16, 2026). U.S. Department of Education Announces Additional Partnerships to Strengthen Coordination for Individuals with Disabilities Programs, Bolster Civil Rights Enforcement. A.J.T. v. Osseo Area Schools, Independent School Dist. No. 279, 605 U.S. 335 (2025) Section 504 of the Rehabilitation Act of 1973: 29 U.S.C. § 794 Individuals with Disabilities Education Act: 20 U.S.C. § 1400-1409 Check out the OA Linktree for all the places to go and things to do!
Matt's Complete Supreme Court Term Recap
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. Slaughter — 25-332 (June 29, 2026) (FTC removal) Mullin v. Doe — 25-1083 (June 25, 2026) (TPS) Mullin v. Al Otro Lado — 25-5 (June 25, 2026) (asylum at the border) Blanche v. Lau — 25-429 (June 23, 2026)(LPRs at the border) Urias-Orellana v. Bondi — 24-777 (Mar. 4, 2026) (asylum standard of review) Criminal Law Barrett v. United States — 24-5774 (Jan. 14, 2026) (§924(c)/(j) stacking) Bowe v. United States — 24-5438 (Jan. 9, 2026) (successive §2255 petitions) Ellingburg v. United States — 24-482 (Jan. 20, 2026) (restitution / Ex Post Facto) Chatrie v. United States — 25-112 (June 29, 2026) (geofence / 4A) United States v. Hemani — 24-1234 (June 18, 2026) (cannabis & 2A rights) Hunter v. United States — 24-1063 (June 18, 2026) (appeal waivers) Pitchford v. Cain — 24-7351 (May 28, 2026) (Batson / AEDPA challenge) Olivier v. City of Brandon — 24-993 (Mar. 20, 2026) — (§1983 rights with prior conviction) Case v. Montana — 24-624 (Jan. 14, 2026) (emergency-aid / 4A) Villarreal v. Texas — 24-557 (Feb. 25, 2026) (counsel during recess) Clark v. Sweeney — 25-52 (Nov. 14, 2025) (habeas / new-trial reversal) Civil/Voting Rights Landor v. Louisiana DOC — 23-1197 (June 23, 2026) (RLUIPA damages) Louisiana v. Callais — 24-109 (Apr. 29, 2026) (Voting Rights Act §2) West Virginia v. B.P.J. — 24-43 (June 30, 2026) (trans student athletes) Wolford v. Lopez — 24-1046 (June 25, 2026) (2A concealed carry) Chiles v. Salazar — 24-539 (Mar. 31, 2026) (conversion therapy) NRSC v. FEC — 24-621 (June 30, 2026) (1A / campaign finance) Procedural Issues Enbridge Energy v. Nessel — 24-783 (Apr. 22, 2026) (removal deadline) Coney Island Auto Parts v. Burton — 24-808 (Jan. 20, 2026) (Rule 60(b)(4) finality) Other SCOTUSblog Stat Pack (2025-2026)[PDF] "NPR retracts story about Alito retirement," Kelly McBride, NPR (June 30, 2026) Check out the OA Linktree for all the places to go and things to do!
The New Cover on Alito's TPS Reports Is for Racism
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. Doe oral argument transcript (April 29, 2026) Memorandum Opinion, Miot v. Trump, D.C. Dist. Ct. #25-cv-02471 (Feb 26, 2026)(Reyes, J.)