Opening Arguments

Latest Episodes:

Ground Control to Major Questions Doctrine Feb 27, 2026

Show notes

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 Webster)
Memorandum Summary of Documents Newly Received from DHS Whistleblowers, Sen. Richard Blumenthal (2/23/2026)(with leaked ICE training documents attached)

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The Case That Ended Forced Institutionalization (Mostly) Feb 23, 2026

Show notes

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).

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Small DoJ Energy Feb 20, 2026

Show notes

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 Clinic Entrances (“FACE”) Act, 18 USC 248

Petitioner’s 28(j) letter in Mahdawi v. Trump with copy of the Immigration Judge’s order terminating Mohsen Mahdawi’s removal proceedings attached (Feb. 17, 2026)

Judge Xinis’s order preventing Kilmar Abrego Garcia’s re-detention by ICE (Feb. 17, 2026)
Complaint in Kalil v. Kalil, filed Jan. 6, 2026
Excerpts from Rev. Jesse Jackson’s “Keep Hope Alive” speech at the 1988 Democratic National Convention

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Alan Dershowitz Thinks the Age of Consent Is Too High — and Other Epstein Creeps, in Their Own Words Feb 18, 2026

Show notes

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).

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Election News Is Great! Election LAW News Is... Mixed. Feb 16, 2026

Show notes

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 of United Latin American Citizens (docket and SCOTUSBlog coverage), SCOTUSBlog.
H.R.7296 - SAVE America Act, Congress.gov.
H.R.7300 - Make Elections Great Again Act. Congress.gov.
Domestic Mail Manual 608.11
Domestic Mail Manual amendment explanation (Nov. 24, 2025). Postmarks and Postal Possession, Federal Register.
39 CFR Part 111
Dan Mooney, What Is RTO? Why Do We Have It?, National Association of Postal Supervisors (Aug. 19, 2025)
Regional Transportation Optimization (RTO) initiative. (Feb. 2, 2025). Service Standards for Market-Dominant Mail Products, Federal Register.
39 CFR Part 121
Track Your Ballot or Ballot Application, Vote.org.
2 U.S.C. § 7 - Time of election
(Dec. 24, 2025). Table 11: Receipt and Postmark Deadlines for Absentee/Mail Ballots, National Conference of State Legislatures.
Evan Lee (Jan. 15, 2026) Court holds that all candidates can challenge rules governing vote counting in elections, SCOTUSBlog.
Bost v. Illinois State Board of Elections, 607 U.S. __ (2026).
Bost v. Illinois State Board of Elections (docket and SCOTUSBlog coverage), SCOTUSBlog.
Amy Howe (Nov. 10, 2025). Justices agree to decide major election law case, SCOTUSBlog.
Watson v. Republican National Committee (Election Law) (docket and SCOTUSBlog coverage), SCOTUSBlog.

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We’ve Only Now Seen a Fascist Ice Memo Kept Secret Since May Feb 13, 2026

Show notes

OA1235 - Today on Rapid Response Friday: Matt’s still on island time, so it’s a good-news-only kind of day as we review (1) the historic termination of deportation proceedings against Tufts grad student Rumeysa Ozturk, (2) new judicial restraints on ICE, (3) a DC federal judge’s outstanding rebuke to DHS Secretary Kristi Noem’s attempt to deport 350,000 Haitians, and (4) a Republican revolt on Trump’s emergency tariffs. (Also: just how stupid is the super-secret memo which ICE has apparently been using to justify breaking into some immigrants’ homes without a judicial warrant?)

Finally in today’s footnote: Matt shares how his attempt to mail some pants from the U.S. Virgin Islands revealed a weird loophole in Trump’s emergency tariff orders which is now forcing some U.S. citizens to pay international duties on domestic shipments.

In re: Ruiz-Massieu, Int. Dec. #3400, Board of Immigration Appeals (June 11, 1999)
Whistleblower Aid letter detailing secret ICE memo allowing arrests without warrants (memo attached at Ex. 1)(Jan. 6, 2026)
Sample I-205 ICE administrative warrant
D.C. District Court judge Ana Reyes’s decision in Moit v. Trump preserving Temporary Protected Status for Haitians in the U.S. (2/2/2026)
“Suspending Duty-Free De Minimis Treatment for All Countries,” The White House (July 30, 2025)

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Minnesota NoICE - Matt Went to Minneapolis and Has So Much to Tell Us Feb 11, 2026

Show notes

VR22 - Matt reports in just a few miles from--and this is true--Epstein Island to provide a recap of his recent visit to Minnesota days after Alex Pretti’s murder for the first major gathering of state legislators joining forces to stop federal overreach since 1814. How are the people of Minneapolis and their elected leaders holding up on the front lines of the Department of Homeland Security’s war on America, and what can we learn from their example?

Finally, in today’s Vapid Response: professional centrist (and amateur constitutional scholar) Lionel Shriver explains how nearly three hours of research has convinced her that sanctuary jurisdictions, the people of Minneapolis, and Antonin Scalia have gotten it all wrong.

State Futures website
Video of the Minnesota Senate Rules and Administration Select Subcommittee on Federal Impacts to Minnesotans and Economic Stability hearing held Jan. 29, 2026
“There Should Be No Sanctuary From ICE,” Lionel Shriver, The Spectator (Jan 2025)

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In 2024, the Bronze Was Unfairly Taken from Jordan Chiles. A Recent Court Win Means She Might Get It Back Feb 09, 2026

Show notes

Take a break from the downfall of democracy and instead get outraged at the deep injustice of a year-long feud over a bronze medal in women’s gymnastics. This story’s got everything: bravery, racism, the best and the worst of sportsmanship, bad blood that’s been brewing since the Cold War, and, somehow, the Swiss Federal Court. Come for the weird gymnastics scoring rules, stay for the legal analysis of international arbitration rules.

Rory Carroll (August 5, 2024). Gymnastics - Biles bows to Andrade in floor final at Paris games. Reuters.
International Gymnastics Federation, Code of Points
- 2022-2024: https://www.gymnastics.sport/publicdir/rules/files/en_2022-2024%20WAG%20COP.pdf
- 2025-2028: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20WAG%20COP%202025-2028.pdf
International Gymnastics Federation, Technical Regulations
- 2024: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20Technical%20Regulations%202024.pdf
- 2025: https://www.gymnastics.sport/publicdir/rules/files/en_1.1%20-%20Technical%20Regulations%202025.pdf
English press release from Swiss Federal Court.

Further reading:

Richard McLaren, The CAS Ad Hoc Division at the Athens Olympic Games, 15 Marq. Sports L. Rev. 175 (2004).
Video of the relevant floor routines, plus a time stamp for when they all attempt the infamous Gogean leap:
- Rebeca Andrade: 0:55; https://www.youtube.com/watch?v=xXKM8ThtYOE
- Simone Biles: 0:53; https://www.youtube.com/watch?v=f2m2UL5bljw
- Jordan Chiles: 1:29; https://www.youtube.com/watch?v=kU0769SvbWE
- Ana Bărbosu: 1:06; https://www.youtube.com/watch?v=ik01tvmwV9c
- Sabrina Maneca-Voinea: 1:49; https://www.youtube.com/watch?v=WuF-smKa4Vo

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Um... Epstein might not have killed himself... Feb 06, 2026

Show notes

OA1233 - We are not conspiracy theorist type people. But... yeah man I don't know. But also, so much more in these files to talk about. If you know anything about the federal government’s 2007 plea deal with Jeffrey Epstein you know that it was bad. But newly-released documents from the Epstein files show that it was actually much worse than that! Thanks to a newly-released legal memo, a draft indictment, and internal emails between prosecutors we now have a much better understanding of the disagreements within US Attorney for the District of Southern Florida Alex Acosta’s office as they finalized the terms of a much-too-friendly agreement between the US government and a billionaire pedophile which a federal appeals court would later call “a national disgrace.” Matt has the receipts for this special emergency episode.

You can also watch this episode on YouTube!

Steve Bannon’s Interview with Jeffrey Epstein (directly downloaded from the DOJ)
Investigation into the U.S. Attorney’s Office for the Southern District of Florida’s Resolution of Its 2006–2008 Federal Criminal Investigation of Jeffrey Epstein and Its Interactions with Victims during the Investigation (Department of Justice Office of Professional Responsibility, 2020)
Incident Report (Palm Beach Police Department, 2006)
Epstein indictment draft (United States Attorney’s Office in the Southern District of Florida, 2007)
Appendix in The People of the State of New York v. Jeffrey E. Epstein (2013)
Opinion - Alex Acosta acted with professionalism and integrity in handling the Jeffrey Epstein case (Miami Herald, 2/16/2019)

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So... I guess DoJ needs to arrest itself for releasing CSAM in the latest Epstein files? Feb 04, 2026

Show notes

E21 - CONTENT WARNING / TRIGGER WARNING: references to child sex abuse, child sex abuse materials, survivor accounts

Watch this episode on YouTube!

The Epstein Files have been released--or have they? Days after the Department of Justice’s delayed and poorly-redacted release of millions of new documents connected with the world’s most infamous sex trafficker, we sit down for a first look at what is (and isn’t) in here. We begin with Deputy Attorney General Todd Blanche’s attempt to fight for the right to party with Jeffrey Epstein before evaluating the DOJ’s efforts to comply with its Congressional mandate to release the files more than a month after they were supposed to. We also look at a heartbreaking journal from an anonymous survivor to try to understand before Matt pulls out some selections from keyword searches which implicate Elon Musk, mega-financier Leon Black, magician David Copperfield, sitting Secretary of the Treasury Howard Lutnick, former Obama administration lawyer Kathy Ruemmler, and many more. Also: what to make about the wilder allegations you may have heard involving Donald Trump, and what it means to “be in the Epstein files” at all.

NEXT TIME: the most disgusting plea deal in American history somehow gets… worse?