Opening Arguments

Latest Episodes:

The Tates Seek Release, Super-Duper Promise They Won't Flee Aug 14, 2026

Show notes

OA1287 - Today on Rapid Response Friday: Todd “Two Taints” Blanche flexes his new freedom as two Tates blanch at the loss of theirs, and a lawsuit over a cinematic heist starring Nicolas Cage.

Applicability of Executive Privilege to Presidential Communications with Private Advisers, Office of Legal Counsel (8/10/2026)
Second Superseding Indictment in United States of America v. Southern Poverty Law Center Inc. and Heidi Beirich, Middle District of Alabama (8/11/2026)
Secretary Rubio Terminates Green Cards of Foreign Nationals Tied to Infamous Iranian Regime Propagandist, U.S. Department of State (4/11/2026)
One Woman’s Message From the Hell of ICE Detention, The Nation (8/11/2026)
Andrew and Tristan Tate’s Motion for Release Pending Extradition Proceedings and Opposition to the Government’s Request for Detention In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/7/2026)
Response in Opposition to Andrew Tate’s and Tristan Tate’s Motion for Release Pending Extradition Proceedings In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/10/2026)
Complaint in Op-Fortitude Ltd. and Simon Afram v. Netflix Inc., Central District of California (7/29/2026)

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Ross Douthat Leaves NYT for Bari Weiss. Here Were Some of His Worst Columns. Aug 12, 2026

Show notes

VR40 - This Vapid Response Wednesday, we note the end of Ross Douthat’s 17-year run as the resident New York Times conservative columnist with a drive-by review of some of his most willfully clueless work--and a closer look at his recent farewell message in which he provides a fitting capstone to a long career of willfully ignoring everything about how and why the American right went full MAGA.

You can WATCH this episode, too!

“Europe’s Minaret Moment,” Ross Douthat, New York Times (12/6/2009)
“Confessions of a Columnist,” Ross Douthat, New York Times (1/2/2016)
“The Necessity of Stephen Miller,” Ross Douthat, New York Times (1/27/2018)
“There Will Be No Trump Coup,” Ross Douthat, New York Times (10/10/2020)
“Why Do So Many Americans Think the Election Was Stolen?” Ross Douthat, New York Times (12/5/2020)
“How Donald Trump Made the Fantasy Real,” Ross Douthat, New York Times (1/9/2021)
“Why Nikki Haley Would Be the Most Dangerous President,” Ross Douthat, New York Times (1/20/2024)
“What Would Peace on Immigration Look Like?” Ross Douthat, New York Times (1/10/2026)
“Who Are the Good Guys and the Bad Guys? I’m No Longer Sure,” Ross Douthat, New York Times (8/8/2026)

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Melissa Murray Gives the Constitution Some Strict Scrutiny Aug 10, 2026

Show notes

OA1286 - NYU Law professor and Strict Scrutiny co-host Melissa Murray joins to discuss (among many other things) her new book, Sonia Sotomayor’s dance moves, and why actually reading the Constitution matters now more than ever.

Professor Murray’s book The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader is this month’s OA Book Club selection, and we’ll be meeting to discuss it via Zoom on August 30, 2026 at 4:30 PM EST. This is a perk available to patrons at ALL tiers!

The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, Melissa Murray (2026)
“Of Might and Men,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Law Review, Vol. 122 Issue 6 (2024)
“A Podcast of One’s Own,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Journal of Gender & Law, Vol. I, Issue
The Trump Indictments: The Historic Charging Documents With Commentary, Melissa Murray and Andrew Weissman (2024)

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Cornyn and Tillis Negotiate Meaningless Concession from Blanche Aug 07, 2026

Show notes

OA1285 - This week on Rapid Response Friday: regulators, mount up! We take a closer look at the actual documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche which convinced John Cornyn and Thom Tillis to change their votes, how deregulation caused a national cyclospora outbreak (and the legal response to it), and state efforts to stop the “prediction market” racket which the Commodity Futures Trading Commission has been all too happy to ignore. And in today’s footnote: three very different cases which prove why prediction markets shouldn’t be a thing at all.

Documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche on August 2, 2026
“Cyclospora is easy for doctors to miss. The US made it even harder to spot,” Dr. Robert B. Shipner, The Guardian (7/16/2026)
Complaint in Null v. Taylor Farms, filed 7/21/206
Complaint in New York v. Kalshiex LLC, filed 7/31/2026

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Did Mamdani Wipe Little Italy Off the Map? Aug 05, 2026

Show notes

VR39 - Vapid Response Wednesday returns with a tasteful pairing of stories about alleged anti-Italian discrimination that go together like chianti and red sauce.

Today's specials include:

Aperitivo: a tasteless morsel from the least deserving recipient in the history of the Mark Twain Prize for American Humor
Primo: a chef’s kiss Washington Examiner oped on how NYC mayor Zohran Mamdani “erased” Little Italy
Secondo: a spicy molto grosso meatball of a Boston lawsuit over alleged anti-Italian-American discrimination gives a federal court indigestion
Dolce: our patrons! Listen ad-free and support the show at patreon.com/law

“Mayor Mamdani, Why Did You Erase Little Italy?” Anthony Colombo Jr., Mike Crispi, Gerard Marrone, Washington Examiner (7/10/26)
Second Amended Complaint in North End Chamber of Commerce et al v. City of Boston, filed 3/7/24
Order on Defendant’s Motion to Dismiss in North End Chamber of Commerce et al v. City of Boston(12/20/24)
North End Chamber of Commerce et al v. City of Boston, No. 25-1063 (1st Cir., 7/30/26)

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How a Bank Robbery Became a Fourth Amendment Landmark Aug 03, 2026

Show notes

OA1284 - Can a modern court implement modern solutions? It really depends on your perspective. Despite some baffling misconceptions about how… anything works, the Justices seem to be doing a pretty good job of ultimately deciding that yes, police do in fact need a warrant to deeply invade your digital privacy. While Kavanaugh appears to have the entire concept of data storage and search queries upside down and backwards, Gorsuch asks complex questions about metadata versus true content, how data is stored in individual accounts, and what other types of data would be exposed if police were allowed to search your location information without a warrant… and yet they both ultimately vote to protect your privacy. It’s a weird world out there folks.

Cases discussed:

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The Most Brazen and Corrupt Heist in American History (GG Crossover!) Aug 01, 2026

Show notes

Apologies for being a little late on this one!Donald Trump sued the IRS, an agency he currently runs, for leaking his own tax returns, and asked for a cool $10 billion. Thomas, Lydia, and Matt dig through the actual complaint and a judge's increasingly suspicious rulings, all timed suspiciously close to Todd Blanche's confirmation hearing. It is dumber, and more corrupt, than it sounds.

Cases discussed:

Patrons at patreon.com/gavelpod can listen to Part 2 right now!

LAM1015: Outlaw Jul 29, 2026

Show notes

LAM1015 - Jimmy Smits stars as a gambling, sports-shooting Supreme Court Justice with a law clerk paid to fend off his advances, in NBC's forgotten 2010 flop Outlaw. Thomas, Matt, and Lydia can barely get through a single scene without stopping to ask what this show thinks a Justice actually does. This free 45-minute preview only scratches the surface of how bad it gets.

$2+ Patrons already have this full episode, plus an early part 2 of Jenessa's 4th Amendment privacy deep dive, at patreon.com/law. Friday brings a Gavel Gavel crossover on the ruling that blew up Trump and Todd Blanche's corrupt IRS settlement.

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How SCOTUS Paved the Way for Flock Cameras Jul 27, 2026

Show notes

OA1282 - Is anything private any more? Depends which Supreme Court Justice you ask. To kick off a series of episodes around data privacy and the law, first Jenessa walks us through a string of Supreme Court cases addressing 4th Amendment rights and technology. In part 1, we cover landmark cases with wiretapping, beepers, GPS trackers, thermal imaging, and more. Stick around for part 2 to hear how the modern composition of the court is responding to the proliferation of new technologies.

Cases discussed:

Part 2 of this breakdown drops early for patrons at patreon.com/law.

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Todd Blanche Can Also Lie and Dodge Questions in Writing Too! Jul 24, 2026

Show notes

OA1281 - As we wait on the final vote tally for Attorney General nominee Todd Blanche, we take a look at written responses which he recently provided into the record to answer a wide range of Senate questions the day after his hearing concluded. We also take a closer look at how the 5th Circuit is trying to make a recent Clarence Thomas concurrence into law, and how Thomas’s retrograde reading of the Constitution’s Commerce Clause could end federal firearms charges and potentially take one of the pillars of the entire federal criminal punishment system along with them. Finally in today’s footnote: AI in the courtroom hits an unbelievable new low.

“Questions for the Record” for Todd Blanche issued after his confirmation hearing, with Blanche’s responses (7/17/2026)
U.S. v. Hemani (6/18/2026)
En banc order from the 5th Circuit Court of Appeals in USA v. Squire (2026)

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