Opening Arguments - podcast cover

Opening Arguments

Opening Arguments Media LLCopenargs.com
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!
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Episodes

SIO484: Lawsuit Alleges Voting Irregularities in 2024. Is There Any There There?

Hey folks, I'm taking a little time off! Hope you enjoy this SIO in the meantime. Thank you! Part 1: The Legal Stuff Dr. Jenessa Seymour is here to break down something that even our moms are spreading on social media: a group in New York claims to have uncovered discrepancies in the vote count for the 2024 election, and they're suing over it! Dr. Seymour hits ALL of the expert boxes for this one - statistics, voting rights, the law, and New York. Want part 2 early? Head to Patreon.com/seriouspo...

Jul 01, 202549 minEp. 484

No Way, Bove

OA1170 - This Rapid Response Friday it’s Boh-vey (yes that is how you pronounce it, probably) all day--as in former Trump defense attorney and current Trump henchman Emil Bove, now up for a seat formerly occupied by Samuel Alito on the Third Circuit. Matt ties together several different stories from the news--from January 6th to the Eric Adams prosecution to DOJ’s deportations in violation of court orders--together with this week’s stunning 27-page account from deep inside the DOJ provided by a ...

Jun 27, 202555 minEp. 1170

T3BE75: Can I Interest You in a Lettuce Farm?

If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-...

Jun 26, 202536 minEp. 75

How Do the Good Lawyers Not Burn Out?

OA1169 - We had our first live video QnA of the new era! It was so good that I really thought more folks should hear it. Thank you to all who attended and we look forward to the next one! If you'd prefer to watch it, it's available on YouTube .

Jun 24, 20251 hr 6 minEp. 1169

Clarence Thomas Is an Even Worse Doctor Than He Is a Judge

OA1168 - Did the Karen Read trial just become the most expensive drunk driving prosecution in US history? We then briefly discuss legal issues around the arrest by ICE of New York mayoral candidate Brad Landry, and Matt fills in the most important missing detail of a story which nearly the entire media got wrong this week. And in our main story: the Supreme Court has struck an expected but thoroughly disappointing blow against trans rights in one of the season's biggest cases, and we talk out ou...

Jun 20, 202554 minEp. 1168

I Like My Bar Exam Questions Like I Like My Coffee

T3BE74 First an exciting announcement! We're bringing back the original Q&A format where everyone can hang out for the livestream, but patrons get the extra special opportunity to ask questions in advance! Be sure to join us on YouTube on Sunday, June 22nd , at 3pm Pacific/6pm Eastern ! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropr...

Jun 19, 202549 minEp. 74

This Law Student Refused to Let Big Firms Get Away with Quiet Complicity

OA1167 - Georgetown law student Mari Latibashvili is the co-founder of the GU Law Coalition for Justice, which recently made national headlines by organizing law students to refuse interviews and job offers from law firms which have given in to the Trump administration’s war on the legal profession. We discuss (among other things) this remarkably successful campaign, what life in law school has been like since the November 2024 election, and the growing influence of abolitionism among law studen...

Jun 17, 202539 minEp. 1167

Troops in LA; Abrego Garcia's Trumped Up Charges

OA1166 - We consider the legal realities behind this week's most important stories, from the unprecedented statutory justification for Trump sending troops into California to why a wrongfully-deported man’s return to the US is--bad, actually? Matt then serves up a digestif of a note en bas de page about one of the most audacious counterfeiters in French history and how they were brought down with one well-placed tongue. Trump executive order deploying National Guard to California (6/7/25) 10 U.S...

Jun 13, 202558 minEp. 1166

The Part of Collections Collector

T3BE73 If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (61...

Jun 12, 202550 minEp. 73

Federal Workers: Rise Up, Fight Back!

OA1165 - Anna Chu is the Executive Director at We the Action, a nonprofit that recently collaborated with labor and democracy partners like the American Federation of Government Employees and Democracy Forward, to launch Rise Up: Federal Workers Legal Defense Network . This Network connects federal workers who are being illegally terminated to pro bono legal services to help them understand their rights and fight back. But before our main segment, Lydia sneaks in to OA HQ to give us an old fashi...

Jun 10, 20251 hrEp. 1165

Three Unanimous Supreme Court Decisions, and Why They Sound Bad But Aren't Really

OA1164 - After a brief conversation from the front lines about the chaotic state of US immigration enforcement as of June 2025, we examine three unusual recent 9-0 decisions authored by three of our favorite Supreme Court justices. Join us behind the headlines to learn why Matt agrees that stopping a lawsuit against gun manufacturers, potentially opening the door to dumbass “reverse discrimination” lawsuits, and expanding tax-exempt status for the Catholic church further than ever are--fine, act...

Jun 06, 202556 minEp. 1164

Adverse Possession Is 9/10ths of the Law

T3BE72 If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (61...

Jun 05, 202551 minEp. 72

75% of Exonerated Women Were Convicted of Crimes That Didn't Even Happen (!)

OA1163 - No really. That's a real stat. It may actually be WORSE than that. So uh... how in the hell? Professor Valena Beety is here to break it down. She's done a ton of great work in this area, and has a new legal research paper, "Unfit": Gender, Ableism and Reproductive Wrongful Convictions by Valena Elizabeth Beety , which goes into this and much more! Content note: this episode does involve discussion of events where young children died. We don't dwell on these events much at all other than...

Jun 03, 202556 minEp. 1163

Courts Handed Trump Some Huge Losses This Week

OA1162 - It’s all good news from our favorite branch of government today! We review recent judicial wins in everything from illegal deportations to tariffs to the Trump administration’s wars on international students, private law firms, and common-sense understandings of the expression “foreign policy.” Plus, Matt shares a footnote from the front lines of Trump’s mass deportation efforts to explain why an immigration judge 2000 miles away just left him an angry voicemail. MA District Court judge...

May 30, 20251 hr 1 minEp. 1162

You're a...... CROOK Captain Hook

T3BE71 If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (61...

May 29, 202550 minEp. 71

The Battle Over Cop City

OA1161 - Micah Herskind is an activist, Harvard law student, and most recently a co-editor of the essay collection No Cop City, No Cop World with Mariah Parker and Kamau Franklin. We welcome Micah on to discuss his experience with Atlanta’s Stop Cop City movement and the lessons which activists and advocates around the US can learn from it in these times of mass dissent in the face of American authoritarianism. No Cop City, No Cop World , ed. Micah Herskind, Mariah Parker, & Kamau Franklin (...

May 27, 202550 minEp. 1161

A 'Pay What You Can' Law Practice? Prosecutors Say That Encourages Crime.

OA1160 - Sheryl Weikal is an Illinois trial lawyer with a name-your own-price practice representing marginalized people facing eviction, foreclosure, discrimination, and incarceration--which is all incredibly cool unto itself, but she also has a story like no one else you’ve heard. Sheryl won an incredible victory three years ago against the Illinois state bar for trans attorneys throughout the state in the face of years of open prejudice which she suffered from fellow lawyers, court staff, and ...

May 23, 20251 hr 4 minEp. 1160

Can a Priest Rat You Out?

T3BE70 - As is typical for Wednesdays these days, we've got some Lydia and Thomas nonsense to kick off the show, but Heather swiftly swoops in to save us from ourselves, reveal the answer to last week's T3BE69 (nice), and set up the question for T3BE70. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, bec...

May 22, 202543 minEp. 70

It Took Years, but Guatemala Held a Brutal Dictator Accountable. What Can We Learn?

OA1159 - We are so pleased to have Temple Law Professor Rachel López on the show to discuss her work in shining light and digitally preserving court records related to the trials following the Guatemalan Civil War. Not only is the archiving of this material so important to those impacted by the government regime over the 30 year conflict, it also demonstrates early examples of transitional justice and what we might learn from it when applying it in the future to governments that commit human rig...

May 20, 202554 minEp. 1159

The Birthright Citizenship Case Is Actually Something Differently Terrible

OA1158 - We start off with some patron questions about what to do when ICE comes to your neighborhood, the one thing that the world’s most annoying white libertarians got right, and how to best exercise the very few rights US citizens have coming back into the country. Then in our main story: This week the Supreme Court heard arguments over birthright citizenship--or did it? Matt explains how they might do something even worse than expected while still striking down Trump’s attempt to end the Co...

May 16, 202559 minEp. 1158

Getting Our Dramshop Act Together

After some Thomas-Lydia nonsense and updates, Heather gives us the answer to question 68, a fiendishly difficult real property one. Did you get the right answer? Then we get a new question 69! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! To support th...

May 15, 202548 minEp. 69

The Supreme Court Sucks. But at Least We Can Talk to Leah Litman About It!

OA1157 - Leah Litman is a co-host of Crooked Media’s Strict Scrutiny podcast and professor at University of Michigan Law School, and most recently the author of Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. We are pleased to welcome Professor Litman to discuss everything from what it’s like to teach American Constitutional law 2025 to what the Supreme Court has in common with the Bluth family. Lawless: How the Supreme Court Runs on Conservative Gr...

May 13, 202543 minEp. 1157

A Very Stablecoin Genius

For this Rapid Response Friday, we answer patron questions on everything from how to examine a warrant to why Donald Trump will never be sending anyone to Alcatraz. We also consider just how bad the Supreme Court’s decision to uphold the administration’s ban on trans military service members actually is, how the single biggest financial corruption scandal in Presidential history is happening right now right in front of us, and why the forced departure of the acting DC U.S. Attorney is some of th...

May 09, 202554 minEp. 1156

Several Very Good Court Thingies

OA1155 - It's a bad news/good news show, but the good news is very good! But first, the fasch. First, a few more notes on the arrest of Judge Dugan. Then some terrible EOs. One attacking on sanctuary cities. In another, we get a look at what Trump wants to use his literal billion dollars of big law pledges for. And, you know, some other fascisms. Then the good news! The courts are putting a stop to some major bull shits, including a huge smackdown of Trump's use of the Alien Enemies Act. And thi...

May 02, 202552 minEp. 1155

Passing the Joint Tenancy

T3BE68 - Professor Heather Varanini returns to spill the beans on how Thomas did for Question 67 before taking us down another Bar prompt. If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do...

May 01, 202545 minEp. 68

Trump's FBI Just Arrested a Judge

OA1154 - Whatever the stage of fascism is where they start arresting judges for doing their jobs--well, we’re here. We review what we know about the in-court arrest of Milwaukie County Circuit Judge Hannah Dugan last week. Matt then explains exactly what a “sanctuary” jurisdiction is (and isn’t) and how the Trump administration’s promises to aggressively investigate and prosecute state and local officials for non-cooperation with ICE fits into the overall plan of American authoritarianism. We al...

Apr 29, 202549 minEp. 1154

Alito Fails to Understand a Kids' Book — and Other Fascist Mega-Fails of the Week!

OA1153 - It's good news Friday! Here are some stories about American fascists losing or otherwise showing their asses in court, including (among others): The Supreme Court comes through strong for immigrant justice at 1 AM on a Saturday morning Samuel Alito fails to properly interpret a book written at a fourth grade level after having his Easter ruined by immigrant justice DOJ accidentally files an embarrassing internal memo into the record Sarah Palin’s tries and fails to sue the New York Time...

Apr 25, 202557 minEp. 1153

T3BE67: To Larse or to Burgle?

T3BE67 - It's another bar question with Heather Varanini! First we get the answer to last week's very bad and ungrateful father question, and then it's time for our next one! We crown some new winners, and then thank the best winners of all - our patrons! If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs , find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate t3BE posting. Or best of all, b...

Apr 24, 202546 minEp. 67

Meet the Absolute Heroes Behind CourtListener.com

OA1152 - We are pleased to welcome Mike Lissner, the Executive Director and CTO of the Free Law Project to discuss his outstanding work in bringing federal court filings out from behind the PACER paywall, how just a few people with good ideas can fill in the gaps left by government services, and why he hasn’t created an Article III Hot or Not with his vast library of judicial portraits (but how you could). Free Law Project donation page CourtListener RECAP Check out the OA Linktree for all the p...

Apr 22, 202539 minEp. 1152

Just When We Thought Big Law Could Not Be More Pathetic

OA1151 - We’re (kind of) live from New York! Thomas, Matt, and OA regular Liz Skeen meet up in person for the first time on Liz’s home turf to review the state of the law three months into the second Trump administration. We begin with a brief update on some recent developments in Trump’s war against Biglaw before turning to some encouraging developments in two of the most significant federal civil cases of our lifetimes. Finally, Matt cedes today’s footnote to a New York minute from Liz about a...

Apr 19, 202544 minEp. 1151
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