Opening Arguments

Opening Arguments

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!

Episodes

October 7, 2026 • 65 mins

VR46 - This week on Vapid Response Wednesday: A Bari Weiss double feature! We kick off with an amuse douche from CBS News's chill hang with a cool guy from Trenton. Samuel Alito grew up with a dream: doing incalculable damage to women's healthcare by destroying the Constitutional abortion rights previously guaranteed by Roe v. Wade, apparently because no one was really using them anyway? Does Samuel Alito even hear himself talk any...

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OA1302 - Qualified immunity can be overcome! In the fifth circuit?! Come hear the good news, and learn some fourth amendment traffic stop rules along the way.

CHECK YOUR VOTER REGISTRATION. Deadlines for your state can be found here.

Cases discussed:

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OA1301 - IT'S FASCISM RESPONSE FRIDAY, and it's a lot. DOJ just filed a complaint trying to get every single active federal judge in Minnesota booted off immigration cases, and the "evidence" is a judge telling the New York Times the truth. The Supreme Court just let deportations to countries people aren't even from happen again. And we cannot stop laughing about the executive order that just declared this the "era of superintellig...

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VR45 - Today on Vapid Response: 25 years after the terror attacks of September 11, 2001, we look back on the Forrest Gump of monstrously bad legal takes: former DOJ lawyer and current UC Berkeley law professor (!) John Yoo. We go back to the primary sources to show how the Office of Legal Counsel explicitly authorized torture, indefinite detention in Guantanamo Bay, and warrantless surveillance of U.S. citizens before giving Secret...

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OA1300 - The “insanity defense” might sound like a relic of a time when mental illness was viewed through the lens of demons and witches, and it turns out it is… but also maybe it’s kind of woke? Jenessa walks us through the history of Old English and Early American iterations of the defense, various tests that are applied today, and what happens afterwards that most people don’t get to see.

Cases and...

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OA1299 - This week on Rapid Response Friday: what crimes might Senator Susan Collins (R-ME) have been complicit in, and why won't she ever be prosecuted for any of them? We go deeper into the law behind the facts exposed in ProPublica's outstanding investigation into her SuperPAC's coordination of illegal campaign contributions from a naval defense contractor.

We then take a closer look at another damning investigation, this time o...

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Coyote vs. Acme is such a fun movie. Thomas and Lydia saw it with the kids, Matt tried to borrow some kids to see it with, and has some fun legal observations for us.

BUT! Before that, it's a special series premiere of ACCOUNTING'ed AWFUL MOVIES! Because there is some real financial shenanigans with this movie. Everyone says it got shelved for tax reasons. But that's wrong! It's actually so much worse than that...

$2+ Patrons alrea...

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OA1298 - Voting rights attorney Jenessa is back with a sprawling tour of election chaos, starting with the Supreme Court's unsigned order in USPS v. California: nobody knows the vote count, and the real fight on the merits waits for 2028. Then: the USPS whistleblower letter reveals a system built on oral-only instructions and batch ballot rejection for any single problem, from a mismatch to a misscanned barcode. Meanwhile, a distri...

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September 18, 2026 • 51 mins

OA1297 - This week on Rapid Response Friday: SCOTUS once again confirms the color of the sky, the latest failures in DOJ’s attempts to prosecute Trump’s political opponents, why the most important immigration agency you’ve never heard of has decided as a matter of law that Trump fixed Venezuela by illegally kidnapping its president, and how NYC mayor Zohran Mamdani is  trying to stop Trump 2.0 from bringing n...

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VR44 - This week on Vapid Response: we survey some of MAGA’s worst takes on the recent mistrial of Lindsay Clancy, all the way from “women are too woke and emotional to be on juries," to “the man who acted out of emotion to ignore the law is the true hero.” Also: the manosphere’s casual endorsement of domestic violence against women who want to talk about their own mental...

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OA1296 - Dave Wedge is a veteran Boston reporter and New York Times bestselling author who covered (among many other things) hundreds of murder trials as a reporter for the Boston Herald and other local outlets. Dave joins OA to discuss his new book Blizzard of Lies, the definitive account of the prosecution and two unsuccessful attempts to prosecute Karen Read for the still-unexplained death of Boston pol...

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    OA1295 - Today on Rapid Response Friday: your questions about the Lindsay Clancy mistrial, actual justice for the Tate brothers, Trump’s mystery meat, and the Fifth Circuit’s extremely normal holding that there is no cognizable Constitutional right to clean water and/or honest government.

    Finally, today’s footnote recognizes the 60th anniversary of the original Star Trek series with a five-minute mission to b...

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    VR43 - Today on this special edition of Vapid Response: ICE boot enthusiast Milo Yiannopolous is not a particularly interesting person, but his recent unexpected removal to the UK makes for quite a teaching moment. Matt brings 20 years of instincts and experience as a deportation defense attorney to some of the more mysterious questions surrounding Yiannopolous’s recent encounter with the realities of immigration enforcement ...

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    OA1294 - Haley Moss was the first openly autistic woman to practice law in Florida, and she is now an advocate for disability, autism, and neurodiversity in the workplace. She joins Matt and Thomas to discuss what law firm hiring managers need to know about autistic lawyers, why people in a profession which attracts neurodiversity are still so reluctant to disclose it, and the kinds of simple accommodations which can help lawyers o...

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    OA1293 - In this extra-special Rapid Response Friday, Thomas visits Boston to record live in Matt’s office and talk out two very different legal stories in the news that the media aren’t quite getting right this week.

    1. THE TRIAL OF LINDSAY CLANCY: Why were the defense and the prosecution both talking past each other in their closing arguments, and what i...

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    Hey folks, no VR this week because Lydia and I are traveling. (We're in Boston, going to record RRF live together with Matt!) But folks NEED to hear this episode of Gavel Gavel we did. It's so absurd.

    Gavel Gavel Episode 83:

    Thomas, Lydia, and Matt dig into a newly released federal indictment out of Minneapolis, where ICE's undercover operation, officially named Operation Puppet Master, has charged r...

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    OA1292 - Jenessa takes us through the Supreme Court's 6-3 shadow docket ruling in Trump v. California, which lifted a preliminary injunction blocking Trump's executive order directing the U.S. Postal Service to gatekeep mail-in ballot delivery before the midterms. Is this a procedural technicality or a five-alarm fire for November? And what does it mean that the Postal Service published its final rule on a Friday night, in apparent...

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    OA1291 - This week on Rapid Response Friday: the single biggest consumer protection settlement ever reached with any U.S. company puts new guardrails on younger social media users, a federal judge refuses to let Steve Bannon off the hook just because DOJ asked him to, an under-the-radar example of ICE’s determination to get around federal court orders, and Trump’s new war on how law schools are accredited. Finally in to...

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    VR42 - Today on Vapid Response Wednesday: Lydia, Thomas, and Matt check in on the official podcast of Stephen Miller's America First Legal, and Matt brings the receipts to show just how bad its recurring "Bad Legal Takes" feature truly is. How is an organization with this much dark money behind it so consistently terrible at producing the MAGA version of our very own Vapid Response? Plus in today's amuse douche: toad and toady are ...

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    OA1290 - Jenessa returns with a surveillance grab bag: a New York mayor declares a bizarre "emergency" to keep her city's Flock cameras running after the city council said no, and a state lawsuit arguing license plate readers are flatly unconstitutional, no federal court needed. Plus a federal bill that could make biased AI hiring and healthcare tools very expensive, and the surprisingly deadly reason some camera poles might alread...

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