Opening Arguments

Latest Episodes:

Go to Hell, Swalwell. Apr 15, 2026

Show notes

VR28 - On this week’s Vapid Response, we survey the fallout from California Congressman Eric Swalwell’s recent exposure as a longtime sexual predator and ensuing swift exit from both the California governor’s race and Congress itself. What does Swalwell’s fall say about how our country’s two political parties handle these kinds of allegations in 2026--and can we once again count on The Federalist to deliver the stupidest possible take on the situation? We then briefly revisit the single worst take on the allegations raised against Brett Kavanaugh during his 2018 confirmation process before paying tribute to the women who organized to bring Swalwell’s many abuses of his power and privilege to light.

Peaceful Protestors Are Facing Decades in Prison - Inside the Prairieland Trial Apr 13, 2026

Show notes

OA1252 - Just one month ago, nine people were convicted in a Texas federal court for their participation in a protest outside the Prairieland ICE facility in a first-ever prosecution in which the Department of Justice claimed that support for so-called “Antifa” constituted “material support for terrorism.” What can we learn from the plight of the Prairieland defendants about how the Trump administration is punishing dissent, and where do things go from here? We are joined by Ron, a community member who attended the trial, and Prairieland defense attorney Xavier de Janon of the People’s Law Collective and National Lawyers Guild for their unique perspectives on this important case.

“Support the Prairieland Defendants” (DFW Support Committee website)
Superseding indictment with material support for terrorism charges (filed 12/10/2025)
‘“Exclusive: FBI Files Counter Government’s Argument in Texas “Antifa” Trial,” Adam Federman, In These Times (3/26/2026)
“Countering Domestic Terrorism and Organized Political Violence (NPSM-7)”, The White House, September 25, 2025

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Farewell to Pam Bondi, the worst AG in US History... SO FAR! Apr 10, 2026

Show notes

OA1251 - We begin with a rare Friday appearance from OA democracy correspondent Jenessa Seymour, who stops in to provide some unequivocal good news from this week’s elections. Then: a temperature check on how mad should we be that the Supreme Court has cleared the way for Steve Bannon’s conviction to be reversed, an appropriately respectful review of former Attorney General Pam Bondi’s career, and a footnote involving an extremely litigious German tourist who made the most of his short time in New York City in the most American way possible.

Lawfare’s Contempt Tracker
Brief for the United States in U.S. v. Bannon (filed 2/6/2026)
Amicus brief in U.S. v. Bannon filed by state of Iowa (12/10/2025)
“Trump’s Justice Department Dropped 23,000 Criminal Investigations in Shift to Immigration,” ProPublica (3/31/2026)
Ethics complaint against former AG Pam Bondi filed by a coalition of progressive attorneys (June 5, 2025)
Manz v. Walmart Supercenter, (3rd Cir., 2/27/2026)

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That Time Sociopaths Tried to Inception a Fake 14th Amendment History into Legal Scholarship Apr 08, 2026

Show notes

VR27 - This week on Vapid Response Wednesday we take a look at the liars, losers, frauds, and suckers angling for a federal bench who have worked up, developed, and sold the “other side” of the Fourteenth Amendment’s simple guarantee of birthright citizenship, which failed so badly in front of the Supreme Court last week. What kinds of people are out there trying to say that “anyone born or naturalized in the United States” doesn’t mean exactly what it says? We review and discuss how a Fox News talkshow host, a deeply unserious law professor, and the lawyer most responsible for the events of January 6th, 2021 all did their part to radically reshape the US Constitution and who will benefit from it going forward.

Watch this episode on YouTube!

The Fourteenth Amendment to the United States Constitution, Library of Congress (1868)
“The Birthright Con,” Jamelle Bouie, The New York Times (April 1, 2026) (recommended reading!)
“If SCOTUS upholds birthright citizenship it will be at its own peril,” Breccan Thies, The Federalist (April 1, 2026)

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When You Fall Out of Bed and Land in the Supreme Court Apr 06, 2026

Show notes

OA1250 - A fall out of bed during a vacation in Delaware turned into a Supreme Court case, decided this term, that could have big implications for states’ rights to limit tort suits… in federal court. Did Delaware take a good-faith precautionary measure to reduce frivolous medical malpractice lawsuits? Or did they put up an unfair barrier to plaintiffs who deserve restitution? Perhaps reasonable people can disagree on that. But in the rare circumstance you manage to bring that state tort case into a federal courtroom, SCOTUS ruled 9-0 that it’s clear Delaware’s rule is a step too far. (They can still do what they want in their own courts, but not here). How far-reaching will the consequences be? Legal reporting seems split!

Come for the (brief, not too gory) medical drama, stay for the review of the Erie Doctrine so you can pass your Federal Civil Procedure class. A nice chill case where the world isn’t burning down and the justices mostly act like normal respectful people.

Berk v. Choy, 607 U.S. ___ (2026)
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)
Rules Enabling Act of 1934: 28 U.S.C. § 2071-2077
Federal Rules of Civil Procedure
Robert Niles-Weed, A Sleeper Supreme Court Case Opens Door to More Frivolous Suits, Bloomberg Law, Mar. 3, 2026.
Ronald Mann, Justices Reject State Limits on Malpractice Actions for Cases in Federal Court, SCOTUSblog, Jan. 21, 2026.

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Trump's Birthright Citizenship Arguments Were Laughed Out of Court Apr 03, 2026

Show notes

... 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)
Amicus brief filed by Prof. Evan Bernick & Prof. Jed Shugerman

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LAM1012: The Juror - Preview Apr 01, 2026

Show notes

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!

Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO Mar 30, 2026

Show notes

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-maker-krafton-is-an-ai-defense-company-now-signs-deal-with-korean-aerospace-firm-that-includes-investment-of-up-to-usd1-billion-aiming-to-expand-the-physical-ai-ecosystem/

Winslow, L. (2025). Subnautica 2 devs claim there’s no GenAI in game after publisher’s “AI first” shift. Gamespot. https://www.gamespot.com/articles/subnautica-2-devs-claim-theres-no-genai-in-game-after-publishers-ai-first-shift/1100-6535799/

Social Media Is a Defective Product Mar 27, 2026

Show notes

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 parent to meet a hot guy with mysterious powers while discovering her own in urban Anchorage is not “substantially similar to a discerning ordinary reader” to a book about a half-witch/half-gargoyle who moves from San Diego to Alaska after the death of a parent to meet a hot guy with mysterious powers while discovering her own in a remote Gothic castle.