Opening Arguments

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,

The United States Department of Justice  has reached a humiliating but undeniably hilarious new low in its defense of Donald Trump's illegal efforts to create a massive new building on the White House grounds without approval from his Congressional landlords.. Are the president's balls really a matter of national security? Did three of the most important people in DOJ really just put their names on a filing which reads more like a Trutth Social post than a serious motion in a serious case? We waltz in for a closer look. Judge Leon’s order staying ballroom construction (3/31/2026) Defendant’s Rule 62.1 Motion For An Indicative Ruling Staying the Court’s Injunction (4/27/2026)

OA1256 - Will there ever be a draft again? Who knows. But if there is, what does one have to do to claim "conscientious objector” status? During the Vietnam War, the Supreme Court grappled with how to apply that explicitly religious statutory exemption to people whose modern beliefs don’t seem to fit the religious mold that Congress defined in the 40s. Jenessa walks us through the court’s mental gymnastics to avoid ever admitting that anyone could be an atheist, and the concurrence that calls it out. Note: The analysis of the Free Exercise Clause in this episode is specific to the time period of these cases. It got more complicated in the 90s (see sources below). United States v. Seeger, 380 U.S. 163 (1965). Welsh v. United States, 398 U.S. 333 (1970). Military Selective Service Act 50 U.S.C.App. § 456(j) Roger M. Sanborn, The Anti-War Movement and the Seeger Decision, 6 Santa Clara Lawyer 230 (1965). Kali Martin, (October 16, 2020), Alternative Service: Conscientious Objectors and Civilian Public S

OA1255 - Has the Southern Poverty Law Center really just been indicted for helping to provide information to the FBI? Did the Trump administration really just tell a federal judge that building a White House ballroom was a matter of “national security”? Did the 5th Circuit really just require Texas to display the 10 Commandments in every public school classroom? We take on these questions and many more before getting to our footnote: Did a Rolls-Royce hating bear really just commit insurance fraud in California? Indictment in U.S. v. Southern Poverty Law Center (filed April 21, 2026) Trump Administration Finally Discloses White House Ballroom Funding Contract in Response to Public Citizen’s FOIA Lawsuit, Public Citizen (April 22, 2026) “The Reckoning of Morris Dees and the Southern Poverty Law Center,” Bob Moser, The New Yorker, (March 21, 2019) Memorandum opinion in National Trust For Historic Preservation in the United States v. National Park Service et al, DC Dist. Ct. (Leon, J., 3/31/26) Nathan

VR29 - Thomas, Lydia, and Matt go deep on the “Shadow Papers,” the 2016 shadow docket memos recently leaked to The New York Times which reveal the truth about the deliberations preceding the first time of many times to come that the Supreme Court stopped the government from enforcing something before any court had a chance to rule on it. Can anyone still possibly believe that John Roberts is only there to call “balls and strikes” after seeing how enthusiastically he is pitching for the energy lobby in these documents? Why are these glorified work emails so important, and what can we learn about the current state of SCOTUS from them? Watch the episode on YouTube! Chief Justice John Roberts’s confirmation hearing (Sep. 12, 2005) “Read the Supreme Court’s Shadow Papers,” The New York Times (April 18, 2026) West Virginia v. EPA, 597 US ___ (2022) Check out the OA Linktree for all the places to go and things to do!

OA1254 - An underreported on case called Cox Communications, Inc. v. Sony Music Entertainment could be a much bigger deal than it seems. Record labels say Cox let repeat infringers run wild on its network and a jury hit them with a massive verdict. Cox says it’s not the internet police and shouldn’t be on the hook for what users do. So how far does that responsibility go? When does “you could have stopped this” turn into legal liability? We break down the DMCA’s “repeat infringer” rules and why this case isn’t just about piracy. The real question is whether companies can be forced to cut people off or redesign their services to prevent misuse and where that logic stops. If failing to stop wrongdoing makes you liable here, what does that mean for platforms, payment processors, or even industries like gun sales where the argument is also “you should have done more”? Check out the OA Linktree for all the places to go and things to do!

OA1253 - It’s spring cleaning time in this week’s news, in which we answer patron questions on everything from DOJ lying to a federal judge about ICE’s policy on arresting immigrants in courthouses to DOJ lying about violating court orders. Also: the Trump administration’s unbelievable gift to some of the worst of the worst J6rs, the D.C. Circuit’s inexplicable termination of Judge Boasberg’s contempt proceedings against the administration for violating his orders, and a major ruling in one of the most important deportation cases in US history. We chase these shots of 200-proof reality out with a chaser: Did the 5th Circuit really just legalize bathtub gin?  Find out in today’s boozy footnote! “DOJ admits ICE courthouse arrests relied on erroneous information,”  Sergio Martinez-Beltran (NPR, 3/26/2026) Email in which ICE revised its policy to exclude arrests at immigration court, filed March 24, 2026 in the Southern District of New York Appeals court again blocks Boasberg contempt probe into Alien Enemi

VR28 - On this week’s Vapid Response, we survey the fallout from California Congressman Eric Swalwell’s recent exposure as a longtime sexual predator and ensuing swift exit from both the California governor’s race and Congress itself. What does Swalwell’s fall say about how our country’s two political parties handle these kinds of allegations in 2026--and can we once again count on The Federalist to deliver the stupidest possible take on the situation? We then briefly revisit the single worst take on the allegations raised against Brett Kavanaugh during his 2018 confirmation process before paying tribute to the women who organized to bring Swalwell’s many abuses of his power and privilege to light.

OA1252 - Just one month ago, nine people were convicted in a Texas federal court for their participation in a protest outside the Prairieland ICE facility in a first-ever prosecution in which the Department of Justice claimed that support for so-called “Antifa” constituted “material support for terrorism.” What can we learn from the plight of the Prairieland defendants about how the Trump administration is punishing dissent, and where do things go from here? We are joined by Ron, a community member who attended the trial, and Prairieland defense attorney Xavier de Janon of the People’s Law Collective and National Lawyers Guild for their unique perspectives on this important case.  “Support the Prairieland Defendants” (DFW Support Committee website) Superseding indictment with material support for terrorism charges (filed 12/10/2025) ‘“Exclusive: FBI Files Counter Government’s Argument in Texas “Antifa” Trial,” Adam Federman, In These Times (3/26/2026) “Countering Domestic Terrorism and Organized Polit

OA1251 - We begin with a rare Friday appearance from OA democracy correspondent Jenessa Seymour, who stops in to provide some unequivocal good news from this week’s elections.  Then: a temperature check on how mad should we be that the Supreme Court has cleared the way for Steve Bannon’s conviction to be reversed, an appropriately respectful review of former Attorney General Pam Bondi’s career, and a footnote involving an extremely litigious German tourist who made the most of his short time in New York City in the most American way possible. Lawfare’s Contempt Tracker Brief for the United States in U.S. v. Bannon (filed 2/6/2026) Amicus brief in U.S. v. Bannon filed by state of Iowa (12/10/2025) “Trump’s Justice Department Dropped 23,000 Criminal Investigations in Shift to Immigration,” ProPublica (3/31/2026) Ethics complaint against former AG Pam Bondi filed by a coalition of progressive attorneys (June 5, 2025) Manz v. Walmart Supercenter, (3rd Cir., 2/27/2026) Check out the OA Linktree for a

VR27 - This week on Vapid Response Wednesday we take a look at the liars, losers, frauds, and suckers angling for a federal bench who have worked up, developed,  and sold the “other side” of the Fourteenth Amendment’s simple guarantee of birthright citizenship, which failed so badly in front of the Supreme Court last week. What kinds of people are out there trying to say that “anyone born or naturalized in the United States” doesn’t mean exactly what it says? We review and discuss how a Fox News talkshow host, a deeply unserious law professor, and the lawyer most responsible for the events of January 6th, 2021 all did their part to radically reshape the US Constitution and who will benefit from it going forward. Watch this episode on YouTube! The Fourteenth Amendment to the United States Constitution, Library of Congress (1868) “The Birthright Con,” Jamelle Bouie, The New York Times (April 1, 2026) (recommended reading!) “If SCOTUS upholds birthright citizenship it will be at its own peril,” Breccan Thi

OA1250 - A fall out of bed during a vacation in Delaware turned into a Supreme Court case, decided this term, that could have big implications for states’ rights to limit tort suits… in federal court. Did Delaware take a good-faith precautionary measure to reduce frivolous medical malpractice lawsuits? Or did they put up an unfair barrier to plaintiffs who deserve restitution? Perhaps reasonable people can disagree on that. But in the rare circumstance you manage to bring that state tort case into a federal courtroom, SCOTUS ruled 9-0 that it’s clear Delaware’s rule is a step too far. (They can still do what they want in their own courts, but not here). How far-reaching will the consequences be? Legal reporting seems split! Come for the (brief, not too gory) medical drama, stay for the review of the Erie Doctrine so you can pass your Federal Civil Procedure class. A nice chill case where the world isn’t burning down and the justices mostly act like normal respectful people. Berk v. Choy, 607 U.S. ___ (2026)

... 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)

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-mak

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

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

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

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!