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)

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!

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.

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 l

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 terror

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 doctr

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) “AU

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

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 W

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

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 o