Law

Opening Arguments

Thomas Smith and Andrew Torrez

+10 FANS
Every episode, legal expert Andrew and comic relief Thomas will tackle a popular legal topic and give you all the tools you need to understand the issue and win every argument you have on Facebook, with your Uncle Frank, or wherever someone is wrong ...Show More
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OA275: Yes, Bill Barr Perjured Himself

1:15:19 | May 3rd

Today's episode covers everything you need to know about Bill Barr's testimony before the Senate Judiciary committee (and his refusal to testify before the House). Has he perjured himself? (Yes.) Is there a reasonable defense of Barr? (No.)
OA274: Arguing Before the Supreme Court (with Monica Miller)

1:04:46 | Apr 30th

Today's episode features an in-depth interview with Monica Miller, counsel for the American Humanist Association and (we think!) the second-youngest person ever to argue before the Supreme Court! Just last month, Monica argued the AHA's position in M...Show More
OA273: Sears, Steve Mnuchin & "The Producers"

1:15:57 | Apr 26th

Today's episode features a deep dive into a just-filed lawsuit by Sears against its CEO, Eddie Lampert, and certain directors, including Treasury Secretary Steven Mnuchin. The lawsuit alleges that Eddie & Steve managed to wreck not one but two long-s...Show More
OA272: Impeachment, Redactions, and Russia

1:10:21 | Apr 23rd

Today's episode brings you a trio of stories about the changing political landscape in the wake of the release of the [REDACTED] Mueller report; namely (1) will the President be impeached, (2) will we see a full, unredacted version of the report, and...Show More
OA271: Dis-Barred (?) – The Mueller Report

1:28:50 | Apr 19th

Today, we break down the just-released [REDACTED] Mueller report. The top-line analysis? This is much worse than we anticipated in Episode 264. This report may not be the end of the road for Trump -- but it almost certainly is the end of the road for...Show More
OA270: Happy Tax Day!

1:10:01 | Apr 16th

Today's episode brings you a trio of timely stories that all revolve around taxes: the Michael Avenatti indictment (for 29 courts of tax fraud), proposed legislation that some are arguing hamstrings the IRS, and (of course) the status of Congress's e...Show More
OA269: Julian Assange Arrested

1:21:23 | Apr 12th

Today's episode breaks down the recent arrest of Julian Assange in England and what it means for Chelsea Manning (and Donald Trump!)
OA268: Article V Conventions (w/Lawrence Lessig)

1:29:28 | Apr 9th

Today's episode revisits the topic Andrew discussed briefly in Episode 252:  Article V conventions convened for the purpose of proposing amendments to the Constitution.  Joining Andrew is Prof. Lawrence Lessig, perhaps the most vocal liberal proponen...Show More
OA267: Originalism and the Eighth Amendment (Bucklew v. Precythe)

1:26:48 | Apr 5th

Today's breaking news episode takes an in-depth look at Bucklew v. Precythe, a recent Supreme Court decision that lays bare the "originalist" view of the Eighth Amendment.
OA266: Auer Deference & Florida Felons

1:17:43 | Apr 2nd

Today's classic, deep-dive Tuesday takes an in- depth look at two critical issues in the news:  first, the recent effort by the Republican governor and state legislature in Florida to undo the broadly popular Constitutional Amendment passed during th...Show More
OA265: The Investigation is Over, But the Investigations Continue (feat. Randall Eliason)

1:23:54 | Mar 29th

Today's breaking news episode contains a long interview with everyone's favorite former prosecutor, Randall Eliason, who helps answer some nagging questions about what we do know about the Mueller Report (alongside all the things we don't).
OA264: The Barr Summary of the Mueller Report

1:27:57 | Mar 26th

Today's emergency, late-breaking episode breaks down the Barr Summary of the Mueller Report and gives you some advance warning that the narrative on the Mueller report is about to shift very quickly in the opposite direction.  Get ahead of the story ...Show More
OA263: Nielsen v. Preap and Due Process Due Aliens

1:15:26 | Mar 22nd

Today's breaking news episode contains your guide to the hotly-debated Supreme Court decision in Nielsen v. Preap, regarding how and whether aliens can be detained without due process.
OA262: Is Gideon v. Wainwright in Trouble??

1:11:05 | Mar 19th

Today's episode is inspired by the 56th anniversary of Gideon v. Wainwright, one of the most famous and celebrated landmark Supreme Court cases that guarantees indigent defendants the right to a court- appointed lawyer, which is now under assault fro...Show More
OA261: Sentencing Paul Manafort

1:34:30 | Mar 15th

Today's extra-long episode contains your guide to all of the developments involving Paul Manafort over the past week, including a deep dive into exactly how the U.S. Federal Sentencing Guidelines came into effect, when they were mandatory, how they b...Show More
OA260: Res Ipsa Loquitur

1:06:51 | Mar 12th

Today's episode is inspired by a law student listener question about a recent Thomas Takes The Bar Exam hypothetical, and takes a deep dive into the wonderful and wacky world of res ipsa loquitur.
OA259: Your Guide to the Congressional Investigations

1:23:54 | Mar 8th

Today's extra-long episode contains your guide to the Congressional Investigations, and specifically the 81 document requests sent out by Rep. Jerry Nadler to various Trump-related individuals and entities in connection with the Democratic Congress's...Show More
OA258: Title X and Trump's War on Women

1:08:21 | Mar 5th

Today's episode takes a deep dive into the latest regulations promulgated by Trump's Department of Health and Human Services regarding Title X funding.
OA257.5 Michael Cohen Testifies, Part 2

1:15:14 | Mar 3rd

Today's episode continues our breakdown of ex- Trump fixer Michael Cohen's testimony before the House of Representatives and all the Yodel Mountain implications that stem from it. We also check in on Roger Stone aide Andrew Miller's quest to invalida...Show More
OA257: Michael Cohen Testifies, Part 1

1:07:42 | Mar 1st

Today's episode breaks down ex-Trump fixer Michael Cohen's testimony before the House of Representatives and all the Yodel Mountain implications that stem from it.  What's next?  Listen and find out!
OA256: The Bladensburg Cross

1:02:35 | Feb 26th

Today's episode takes a deep dive into the Bladensburg Cross case currently pending before the Supreme Court with special guest Sarah Henry of the American Humanist Association.
OA255: Wall of Emergency

1:19:41 | Feb 22nd

Today's episode breaks down Trump's recent declaration of a state of national emergency as a pretext to build his big, dumb wall.  What's being done about it?  What can be done about it?  Listen and find out!
OA254: Mueller, She Wrote!

1:05:40 | Feb 19th

Full-length interview with AG of Mueller She Wrote
OA253: Religious Freedom and Domineque Ray

1:14:49 | Feb 15th

Today's episode tackles the recent Dunn v. Ray decision in which the Supreme Court used a procedural mechanism to allow the State of Alabama to execute a devout Muslim without affording him the same sorts of religious freedom they do to Christian inm...Show More
OA252: Constitutional Conventions & the "Proud Boys"

1:09:33 | Feb 12th

Today's episode features a deep dive into a listener question about Article V Constitutional Conventions.  Are they dangerous?  (Yes.)  Are they a good idea?  (No.)  We also discuss the latest ridiculous defamation lawsuit.. and discover why this one...Show More
OA251.5 Abortion Special - More on June Medical Services v. Gee

46:11 | Feb 10th

This rapid-response bonus episode tackles the Supreme Court's late-breaking stay of the 5th Circuit's opinion in June Medical Services v. Gee, with a particular emphasis on dissecting Justice Brett Kavanaugh's dissent.  What does it all mean?  Listen...Show More
OA251: Gerrymandering in Maryland Heads Back to SCOTUS

1:23:00 | Feb 8th

Today's episode returns to one of the most critical political issues of our time:  gerrymandering of congressional districts, and in particular, the state of MD-6, which pits the Democrats as villains and Republican voters as the plaintiffs alleging ...Show More
OA250: One Quarter of a Thousand Episodes!

1:24:12 | Feb 5th

Today's very special episode is our 250th!  To celebrate, we've assembled a compilation of some of our favorite moments over the past two and  half years.
OA249: Overturning Roe v. Wade Starts Today

1:25:22 | Feb 1st

Today's episode sounds the alarm as to whether our activist right-wing Supreme Court is ready to effectively overturn Roe v. Wade and essentially permit the entire state of Louisiana to all but ban the right to an abortion in that state.  We're NOT a...Show More
OA248: The Cert(iorari) Show!

1:13:42 | Jan 29th

Today's episode features a deep dive into a bunch of different issues around granting the writ of certiorari -- "cert" -- and some of the intricacies of how the Trump administration is trying to take advantage of the activist Supreme Court.  Oh, and ...Show More
OA247: Status of the Trans Ban

1:34:56 | Jan 25th

Today's episode tackles the recent Supreme Court orders in the Trump ban on transgender servicemembers.  How did we get here and what's next?  Listen and find out.
OA246: Alex Jones & Sandy Hook

1:18:15 | Jan 22nd

Today's episode features a deep dive into the latest developments in the lawsuit brought by parents of the victims in the Sandy Hook Massacre against Alex Jones and Infowars for repeatedly portraying the school shooting as a hoax. We also discuss who...Show More
OA245: More on Barr and the Shutdown

1:22:52 | Jan 18th

Today's episode covers the William Barr confirmation hearings before the Senate Judiciary Committee to become the next Attorney General, as well as the ongoing legal battles regarding Trump’s shutdown of the government.
OA244: Clarence Thomas vs. Thurgood Marshall

1:07:17 | Jan 15th

Today's episode features a little more about Corey Robin, including the argument addressed on the show that criticisms of Clarence Thomas's competence are a racist echo of similar claims made against Thurgood Marshall.  Find out why Andrew made the m...Show More
OA243: Build That Wall!!

1:20:17 | Jan 11th

Today's episode tackles the mechanics of the shutdown and whether (and how) Donald Trump can build that wall despite widespread opposition.
OA242: Larry Klayman is Still Crazy After All These Years

1:08:51 | Jan 8th

Today's episode features a deep dive into the Bivens action, with a little help from everyone's favorite nutso conspiracy theorist lawyer, Larry Klayman -- and his newest client, Roger Stone sidekick Jerome Corsi.  Find out what sorts of wacky shenan...Show More
OA241: Is This The C-Hook That Could Send PG&E To Prison??

1:21:19 | Jan 4th

An in-depth examination of PG&E's potential criminal and civil liability for the California wildfires and more.
OA240: Libertarianism is Still Bad & You Should Still Feel Bad

1:04:15 | Jan 1st

Today's special, hangover-free New Years' episode follows up on some of the things we discussed during our Episode 238 interview with Matt Donnelly of the Ice Cream Social podcast, including the never-controversial subject of libertarianism.  Strap i...Show More
OA239: The Fourth Circuit's Puzzling Emoluments Ruling

1:23:56 | Dec 28th, 2018

Today's episode takes a deep dive into the just-released one-page order by the Fourth Circuit staying all discovery in the Emoluments litigation brought by Maryland Attorney General Brian Frosh.  How do we fill more than an hour's worth of time on on...Show More
OA237: Lowering the... Barr (Memo)

1:29:05 | Dec 21st, 2018

Today's Rapid Response episode takes a look at the just-released Law'd Awful Memo written by Attorney General nominee Bill Barr and sent to Deputy AG Rod Rosenstein concerning the Mueller investigation.  Are the argument(s) raised in the memo any goo...Show More
OA236: Stairway to... the Supreme Court??

1:29:14 | Dec 18th, 2018

Today's deep-dive Tuesday tackles a long-running lawsuit by the estate of Randy California -- the founder, lead singer, and guitarist for the band Spirit -- alleging that Led Zeppelin stole the iconic riff for "Stairway to Heaven" from Spirit's 1968 ...Show More
OA235: Corporations Are People, My Friend... Criminal People

1:21:23 | Dec 14th, 2018

Today's Rapid Response episode takes a look at three breaking stories related to the White House:  (1) the recent ruling requiring Stormy Daniels to pay Trump's attorneys' fees; (2) the sentencing of Trump's former lawyer, Michael Cohen; and (3) most...Show More
OA234: Civil Forfeiture, Berkeley & More!

1:15:58 | Dec 11th, 2018

Today's deep-dive Tuesday tackles a viral oral argument before the Supreme Court in Timbs v. Indiana regarding civil forfeiture -- and a delightful question (that inspired the graphic for the show notes) about whether the state can seize your Bugatti...Show More
OA233: [REDACTED] & Wisconsin

1:26:12 | Dec 7th, 2018

Today's Rapid Response episode takes a look at two pressing issues: (1) Mueller's [REDACTED] sentencing memorandum with respect to Michael Flynn, and (2) the naked power grab by lame-duck Republicans in Wisconsin.  Along the way, we'll also cover a b...Show More
OA232: Trump's Plan to Weaponize the Census (& Bridgegate!)

1:11:02 | Dec 4th, 2018

Today's deep-dive Tuesday takes us back to a time in which politically-motivated revenge was actually seen as a scandal; namely, Chris Christie's Bridgegate.  There's a new ruling out of the Third Circuit that affects two Christie staffers, and... we...Show More
OA231: The End of the Beginning (for Trump)

1:22:09 | Nov 30th, 2018

The Mueller investigation finally establishes links between the Trump campaign and the Russian efforts to influence the 2016 election.
OA230: TOO MUCH MEAT!

1:09:27 | Nov 27th, 2018

Today's deep-dive Tuesday tackles that viral case caption you've probably seen floating around Twitter:  "United States v. 1,855.6 pounds of American Paddlefish Meat."  Is the sack of fish meat really going to have to show up in court?  Will it have ...Show More
OA229: Andrew Miller & the Appointments Clause

1:17:27 | Nov 22nd, 2018

Today's Thanksgiving Special / Rapid Response episode takes a look at the single most important Yodel Mountain case pending right now:  Andrew Miller's lawsuit before the Court of Appeals for the District of Columbia Circuit.  Find out what it all me...Show More
OA228: Jim Acosta, Sovereign Immunity & More!

1:09:07 | Nov 20th, 2018

Today's Deep Dive Tuesday tackles the motion for preliminary injunction and underlying lawsuit brought by CNN and Jim Acosta against the Trump White House for revoking his press credentials.  You'll get to hear about how Andrew Was Right... last Thur...Show More
OA227: Brian Frosh Takes On Matthew Whitaker & More!

1:26:55 | Nov 16th, 2018

Today's Rapid Response Friday takes a deep dive into the recent lawsuit filed (actually, amended) by Maryland's ace Attorney General, Brian Frosh, challenging the appointment of Matthew Whitaker as Acting Attorney General. We begin, however, with an ...Show More
OA226: How Dems Can Force Trump's Tax Returns

1:07:36 | Nov 13th, 2018

...using this one weird trick! (but for real.) It's a new intro this week and Thomas hopes you don't mind the departure from the regular quotes. After that Andrew has updates on several cases for us! They involve: the Emoluments Clause, a 40 foot cro...Show More
OA225: Elections Have Consequences... for Jeff Sessions

1:15:13 | Nov 9th, 2018

Today's Rapid Response Friday covers the two things that are definitely on everyone's minds:  (1) the midterm elections, and (2) the fate of the Mueller investigation and more in light of President Trump's decision to fire Attorney General Jeff Sessi...Show More
OA224: Andrew Debates Prof. Justin Walker!

1:32:17 | Nov 6th, 2018

At long last, we've got the audio from Andrew's debate with University of Louisville Law School professor, member of the Federalist Society and former Brett Kavanaugh clerk Justin Walker! The debate was put on by the American Constitution Society and...Show More
OA223: A Victory for Voting Rights in Pennsylvania!

1:18:56 | Nov 2nd, 2018

Returning to the Summer Zervos and Pennsylvania gerrymandering cases with some good news & much, much more!
OA222: Entire WV Supreme Court Impeached?!

1:05:16 | Oct 30th, 2018

Today's episode tackles an issue you've all been writing about:  what exactly is going on in West Virginia, where the entire state supreme court has been impeached?  We break it down for you! First, though, we start off with a roundup on voter suppre...Show More
OA220: Carter Page, Clownhorn

1:12:28 | Oct 23rd, 2018

Today's Rapid Response Tuesday takes an in-depth look at OA's new favorite clownhorn, Carter Page, and his delightfully mad lawsuit against the Democratic National Committee, the law firm of Perkins Coie, and (I think) the Ancient Order of the Illumi...Show More
OA219: Harvard and Affirmative Action

1:20:04 | Oct 19th, 2018

Today's Rapid Response Friday takes us to the front lines of the affirmative action debate with the trial of Students For Fair Admissions, Inc. v. Harvard, a lawsuit brought by a single-issue right-wing activist determined to end diversity as a crit...Show More
OA218: Ashers Baking Co., Net Neutrality & Stormy!

1:16:03 | Oct 16th, 2018

Today's (thankfully) Kavanaugh-free episode -- in honor of Thomas's appearance at QED in Manchester -- takes an in-depth look at the Ashers Baking Co. case, as well as developments at the state level to push for Net Neutrality.  Oh, and we revisit OA...Show More
OA217: Can Ethics Complaints Take Down Kavanaugh?

1:11:43 | Oct 12th, 2018

Today's Rapid Response Friday follows up on the State of Florida and... sadly... returns one last time to the story of Brett Kavanaugh and the ethics complaints lodged against him and referred to the Tenth Circuit.  Oh, and we give you real stuff you...Show More
OA216: Court Packing & More (w/guest Chad Schneider)

1:17:38 | Oct 9th, 2018

Today's (thankfully) Kavanaugh-free episode takes a look at Florida Governor Rick Scott's blatant court packing attempt with the Florida Supreme Court, and the lawsuit filed by Common Cause to try and stop him.  What will happen?  Listen and find out...Show More
OA215: Is Gamble v US the Real Reason Behind Kavanaugh?

1:18:29 | Oct 5th, 2018

Today's Rapid Response Friday tackles the #1 emailed story to us this past week:  is the real story behind the Kavanaugh nomination that the Trump administration needs him on the Supreme Court to rule in Gamble v. U.S. regarding the dual sovereignty ...Show More
OA214: Free Speech, NAFTA & Trump's Trans Ban

1:10:29 | Oct 2nd, 2018

Today's Kavanaugh-free episode is a classic, three-story, Deep Dive Tuesday into (1) a recent free speech case involving protesters at a Trump rally; (2) the status of Trump's efforts to ban trans service personnel from the military; and (3) whether ...Show More
OA213: Rachel Mitchell to Cross-Examine Dr. Ford at Kavanaugh Hearings

1:14:33 | Sep 27th, 2018

Today's Rapid Response Friday tackles (ugh) the ongoing Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, before segueing into an interesting question from super-listener T...Show More
OA212: Rod Rosenstein and... G. Zachary Terwilliger?

1:18:31 | Sep 25th, 2018

Today's episode is that rare Rapid Response Tuesday, necessitated by the persistent rumors that Donald Trump is about to fire Deputy Attorney General Rod Rosenstein.  Is it true?  How bad are things if it is?  And who is this mysterious G. Zachary Te...Show More
OA211: Manafort Flips (and more on Kavanaugh)

1:21:18 | Sep 21st, 2018

Today's Rapid Response Friday tackles (1) Paul Manafort's plea deal and (2) the surprise resumption of the Senate Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, which ar...Show More
OA210: Cash Bail, Glucksburg and More

1:21:32 | Sep 18th, 2018

Today's episode takes two deep dives:  first, into California SB10, which eliminates the "cash bail" system of pretrial detention in California, and second, into the Supreme Court's 1997 decision in Washington v. Glucksberg.  What does it all mean?  ...Show More
OA209: Kavanaugh's Confirmation

1:21:56 | Sep 14th, 2018

Today's Rapid Response Friday is all about the conclusion of the Supreme Court Confirmation Hearings for Brett Kavanaugh.  What did we learn?  What's still outstanding?  Are liberals really guilty of trying to bribe Susan Collins?  And, most importan...Show More
OA208: Moore is Still Less

1:03:23 | Sep 11th, 2018

Today's episode takes a deep dive into a 2003 Supreme Court decision, Stogner v. California, and discusses the Constitution's ex post facto clause.  Why?  Listen and find out! After that, we break down the $95 million lawsuit filed by Roy Moore again...Show More
OA207: Brett Kavanaugh's Confirmation Hearings

1:15:36 | Sep 7th, 2018

Today's Rapid Response Friday tackles the ongoing Supreme Court Confirmation Hearings for Brett Kavanaugh -- including an analysis of documents that broke literally after we recorded the show!  Find out if any of this can slow down Kavanaugh's presum...Show More
OA206: Will This ONE WEIRD TRICK Unravel the Mueller Investigation?

1:13:58 | Sep 4th, 2018

Today's episode takes us back to Yodel Mountain, where we take a look at a popular article making the rounds suggesting that (you guessed it) this ONE WEIRD TRICK might unravel the entire Mueller investigation.  Should you be worried? (No.) We begin,...Show More
OA205: More on Masterpiece, Younger & the Catholic Church (w/guest Andrew Seidel)

1:08:42 | Aug 31st, 2018

Today's episode tackles two big church/state separation stories currently circulating right now:  the recent lawsuit filed by the owner of the Masterpiece Cakeshop, and the Pennsylvania grand jury  investigation of the Catholic Church.  And, of cours...Show More
OA204: The Perjury Trap (w/guest Randall Eliason)

1:17:39 | Aug 28th, 2018

Today's episode welcomes back one of our favorite guest experts, former prosecutor and current law professor Randall Eliason of the Sidebars blog, who will help us break down what exactly a "perjury trap" is -- and whether Robert Mueller is laying on...Show More
OA203: Paul Manafort Convicted, Michael Cohen Pleads

1:28:37 | Aug 23rd, 2018

Today's extra-long, extra-early Rapid Response episode tackles the two biggest stories in the news right now:  Paul Manafort's conviction, and Michael Cohen's plea deal.  We tell you exactly what these two big stories actually mean. We begin with Pau...Show More
OA202: Roundup (With Special Guest the SciBabe!)

1:06:22 | Aug 21st, 2018

Today's episode takes an in-depth look at the recent $289 million dollar verdict handed down by a California state jury for a man who alleges that the herbicide Roundup (TM) gave him cancer. First, we break down the facts of the lawsuit.  Then, we ha...Show More
OA201: Follow Up Friday!

1:14:35 | Aug 17th, 2018

Today's Rapid Response Friday is actually a Follow Up Friday!  We revisit four stories from recent episodes and go into more depth on each one, particularly in light of recent developments. We begin with our most recent story regarding reporter's pri...Show More
OA200: Reporters and Confidential Sources

1:15:58 | Aug 14th, 2018

Today's episode takes an in-depth look at the legal protections reporters have (and don't have) to keep their sources confidential. We begin, however, with an update on how "Elections Have Consequences," this time, looking at the state of the House o...Show More
OA199: Asbestos??!? (Or: Why Is This Man Smiling?)

1:15:21 | Aug 10th, 2018

Note: the SaneBox url in this episode is incorrect. Please go to https://www.sanebox.com/opening to take advantage of a great deal on their product! Today's Rapid Response Friday breaks down everything you need to know regarding the Trump EPA's recen...Show More
OA198: What Is Alan Dershowitz Thinking?

1:27:30 | Aug 7th, 2018

Today's episode takes an in-depth look at Donald Trump's favorite "liberal," Harvard Law professor Alan Dershowitz as seen through the eyes of one of his former students. We begin, however, with an update from the Paul Manafort trial, taking a look a...Show More
OA197: Undetectable, Untraceable, 3-D Printed Guns

1:12:38 | Aug 3rd, 2018

Today's Rapid Response Friday breaks down all of the legal wrangling regarding the Trump Administration's secret settlement with a self-described "crypto-anarchist" who uploaded material that allows anyone with access to a 3-D printer to make their o...Show More
OA196: Voting and Sore Losers

1:00:46 | Jul 31st, 2018

Today's episode tells you everything you need to know about voting, including in particular West Virginia's "Sore Loser" law and whether it applies to big fat racist criminal loser Don Blankenship... and, in turn, what that means for Joe Manchin's ch...Show More
OA195: Lordy, There Are Tapes!

1:25:33 | Jul 27th, 2018

Today's Rapid Response Friday breaks down all of a busy week's developments in the Trump Administration's trip up Yodel Mountain, including the surprising revelation that Michael Cohen has audio tapes of his conversations with Donald Trump.  What doe...Show More
OA194: Paul Manafort is Going to Trial! (& McDonald's!)

1:28:20 | Jul 24th, 2018

Today's episode tells you everything you need to know before Paul Manafort's trial in the Eastern District of Virginia, which begins Wednesday, July 25, 2018.  Oh, and we break down the recent lawsuit against McDonald's to boot! We begin, however, wi...Show More
OA193: This Is Worse Than Watergate - PLUS Mandalay Bay Suing Victims?

1:30:47 | Jul 20th, 2018

Today's Rapid Response Friday breaks down the recent lawsuit filed by the Mandalay Bay casino regarding the 2017 Las Vegas shooting.  Is it true that the casino is suing the victims?  What's that all about??  Listen and find out!  Also, we check in w...Show More
OA192: Capital Punishment, the Eighth Amendment &... Obergefell?

1:11:26 | Jul 17th, 2018

Today's episode takes an in-depth historical look at the Eighth Amendment's prohibition on "cruel and unusual punishment" and what that might mean for the future of Obergefell v. Hodges in the next Supreme Court.  What does capital punishment have to...Show More
OA191: Fact and Fiction About Brett Kavanaugh

1:20:59 | Jul 13th, 2018

Today's Rapid Response Friday does not take a victory lap about our successful prediction that Brett Kavanaugh would be Donald Trump's next nominee to the Supreme Court (but seriously, we called that right, y'all.)  Instead, Andrew and Thomas break d...Show More
OA190: Good News, Everyone! (On Abortion Rights & More)

1:12:08 | Jul 10th, 2018

Today's episode -- at long last -- brings us some good news from two rather unlikely sources:  first, from the state of Iowa (regarding abortion rights), and second, from the Republican-controlled Senate Intelligence Committee.  You won't believe you...Show More
OA189: Supreme Court Justice Brett Kavanaugh

1:10:32 | Jul 6th, 2018

Today's Rapid Response Friday gives you a sneak preview of what to expect from the person we predict will become Donald Trump's next nominee to the Supreme Court, Brett Kavanaugh of the United States Court of Appeals for the D.C. Circuit. We discuss:...Show More
OA188: Three Cases About Voting Rights

1:01:05 | Jul 3rd, 2018

Today's episode takes a look at three recent decisions from this Supreme Court and how each one will affect voting in the midterm elections:  Husted v. Randolph Institute, Abbott v. Perez, and (surprisingly) Janus v. AFSCME. First, though, we begin b...Show More
OA187: Lowering the Lukumi Bar?

1:04:33 | Jun 30th, 2018

Today's Bonus Episode asks if there's a way to make sense of the Supreme Court's Lukumi jurisprudence in light of this week's rulings in Trump v. Hawaii (the Travel Ban), Masterpiece Cakeshop, and the somewhat surprising decision to remand the Arlen...Show More
OA186: Anthony Kennedy & the Future of the Supreme Court

1:02:56 | Jun 29th, 2018

Today's Rapid Response Friday comes after a busy week at the Supreme Court, capped off by the (somewhat) surprising announcement that Associate Justice Anthony Kennedy intends to retire as of July 31, 2018. We break down everything about this news, i...Show More
OA185: Gerrymandering & Other Good (?) News

1:04:20 | Jun 26th, 2018

Today's episode tries to put a positive spin on some recent developments, including the Supreme Court's gerrymandering decisions, the Department of Justice OIG report on the 2016 election, and the triumphant return of Everyone's Favorite Segment (TM)...Show More
OA184: Families at the Border

1:16:05 | Jun 22nd, 2018

Today's Rapid Response Friday helps separate fact from fiction when it comes to the heartwrenching issue of families being separated at the border.  Is the Trump administration to blame?  Did the recent Executive Order fix the problem?  Listen and f...Show More
OA183: Dissenting on the Supreme Court

1:09:03 | Jun 19th, 2018

**Today's episode is brought to you by Framebridge! To custom frame your favorite things, go to framebridge.com promo code: OA** Today's episode takes a deep dive into two recent 8-1 decisions by the Supreme Court:  Collins v. Virginia and Sveen v. M...Show More
OA182: Paul Manafort is Going to Prison

1:11:10 | Jun 15th, 2018

**Today's episode is brought to you by The Great Courses Plus! Go to thegreatcoursesplus.com/OA to start your free month!** Today's Rapid Response Friday spends a lot of time on Yodel Mountain, and in particular evaluating whether Paul Manafort is he...Show More
OA181: Michael Avenatti is Never Going To Come On Our Show (#NotAllLawyers)

1:17:25 | Jun 12th, 2018

Today's episode takes a deep dive into allegations of attorney misconduct.  We begin with following investigative reporting concerning the involuntary bankruptcy of the Eagan Avenatti firm, and discover some potentially disturbing facts about the law...Show More
OA180: Masterpiece Cakeshop

1:27:47 | Jun 7th, 2018

Join us for an early Rapid Response Friday, in which we break down the Supreme Court's decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission.  To tackle a topic this big, we needed a little extra help, so we brought back our favorite g...Show More
OA179: Abortion and Plea Bargaining

1:02:57 | Jun 5th, 2018

Today's episode takes a deep dive into two developments concerning the right to an abortion in the U.S., followed by our continuing discussion on plea bargaining with listener comments from prosecutors, public defenders, the U.S. judiciary, and even ...Show More
OA178: Trump and the NFL

1:13:40 | Jun 1st, 2018

Join us for yet another Rapid Response Friday, in which we continue to evaluate claims on the left challenging the legality of the NFL's policy regarding the national anthem, as well as discuss two items that are also of interest to Donald Trump. We ...Show More
OA177: Neil Gorsuch's Epic Decision & the NFL (feat. Chris Kristofco)

1:16:43 | May 29th, 2018

Today's episode takes a deep dive into the recent Supreme Court decision in Epic Systems Corp. v. Lewis, a Gorsuch opinion that is exactly what we told you to expect back when he was nominated to the Court.  Oh, and we also tackle the latest policy i...Show More
OA 176: It's Summer (Zervos) Time!

1:17:42 | May 25th, 2018

It's time for another Rapid Response Friday, which means we get to break down whether Donald Trump has to respond to the Summer Zervos defamation lawsuit.  (Hint:  yes) We begin, however,  with a potential Stormy Setback.  What's the deal with press ...Show More
OA175: Defending a Client In the Shadow of the Death Penalty (& So Much More!)

1:09:21 | May 22nd, 2018

Today's episode takes a deep dive into two important Supreme Court opinions decided last week:  McCoy v. Louisiana, which prohibits attorneys from conceding their client's guilt over that client's objections in a capital murder trial, and  Murphy v. ...Show More
OA174: Is Michael Avenatti Fit To Practice Law In New York?

1:17:41 | May 18th, 2018

It's time for another Rapid Response Friday, which means we get to break down Michael Avenatti's response to the opposition to his motion to appear pro hac vice in the Southern District of New York -- amongst many, many other issues! We begin, howeve...Show More
OA173: The Foreign Policy Show - Korea, Iran, and... Ann Coulter?

1:15:16 | May 15th, 2018

Today's episode heads overseas to discuss foreign policy; specifically, the Trump administration's actions with respect to Iran and North and South Korea.  Is there a common thread here?  Listen and find out! First, though, we update you on the Young...Show More
OA172: Private Prisons, Judge Ellis & More

1:26:17 | May 11th, 2018

It's time for another SUPER-SIZED Rapid Response Friday, which means we get to break down Judge Ellis's statements in the Paul Manafort criminal trial (amongst many, many other issues)! We begin, however,  with a brief Andrew (well, mostly ABC and NB...Show More
OA171: Andrew Seidel Joins the Five-Timers Club

1:05:57 | May 8th, 2018

Today’s episode welcomes back one of our favorite guests — and the show’s only five-time guest, Andrew Seidel, attorney with the Freedom From Religion Foundation. Together, Andrew, Andrew, and Thomas tackle a bunch of church and state separation issu...Show More
OA170: All Yodel, All the Time

1:19:31 | May 4th, 2018

Well, it's another Rapid Response Friday, and we're here with everything you need to know about Yodel Mountain, including: Breaking news regarding the wiretap of Michael Cohen's office several weeks before the search warrant issued and that the SDNY...Show More
OA169: Wells Fargo Goes To Jail?

1:19:11 | May 1st, 2018

Today's episode discusses the recent fines levied against Wells Fargo in connection with two specific acts of egregious fraud against consumers.  Is it enough?  Is it proof that Trump (and Mick Mulvaney) intend rigorous defense of consumers at the CF...Show More
OA168: Michael Cohen Takes Five

1:08:49 | Apr 27th, 2018

In the main segment, we discuss the intersection between the Paul Manafort criminal trial and the public's right to know about the Mueller investigation.  Oh, and ... isn't there a bill pending to protect Mueller?  We break down that, too. But we're ...Show More
OA167: Neil Gorsuch, Secret Liberal?

1:02:08 | Apr 24th, 2018

Today's episode tackles the recent (and shocking) Supreme Court decision in which Neil Gorsuch voted with the Court's liberal justices to produce a very unusual 5-4 alignment.  Is this a sign that Gorsuch isn't the right-wing hack we all thought he w...Show More
OA166: The Taint Team (& Also, Alex Jones)

1:31:07 | Apr 19th, 2018

In this rapid-response episode, Thomas and Andrew take a look at the attorney-client privilege issues relating to the FBI's search of the offices of Michael Cohen, alleged lawyer to Donald Trump and... Sean Hannity?!? First, we begin with a finishing...Show More
OA165: You Heard It Here First! (Abortion Rights, Gun Control, and Offensive Trademarks)

1:08:30 | Apr 17th, 2018

Note:  The "C" segment of this episode (and the show notes) contain hilarious explicit language in order to discuss a recent development in trademark law.  You've been warned! In the preshow, we tamp down on some unwarranted liberal freakout regardin...Show More
OA164: As American As Baseball, Hush Money, and... Segregated Schools?

1:21:32 | Apr 13th, 2018

In this rapid-response episode, Thomas and Andrew take a look at the FBI's search of the offices of Michael Cohen, Donald Trump's personal lawyer and alleged "fixer." First, we begin with a discussion of a curious legal move by the Miami Marlins, all...Show More
OA163: Whatcha Gonna Do, Brother? OA vs. Sinclair Broadcasting, the CLOUD Act & the WWE

1:01:57 | Apr 10th, 2018

Today's episode runs wild with an in-depth look a the CLOUD Act slipped in to the latest omnibus spending bill. First, however, we break down the recent viral video from Deadspin showing dozens of Sinclair-owned TV stations reading pro-Trump talking ...Show More
OA162: Tariffs and Trade

1:04:11 | Apr 6th, 2018

In this rapid-response episode, Thomas and Andrew take a look at the Trump administration's recently-announced tariffs on China, China's response, and the future of free trade. In the pre-show segment, it's time for a lengthy Andrew Was Wrong segment...Show More
OA161: Gun Control & the Constitution

59:11 | Apr 3rd, 2018

Today's episode takes an in-depth look at gun control.  First, we answer two listener questions about originalism and the Second Amendment, including a provocative one about whether DC v. Heller deserves stare decisis respect under Andrew's model of ...Show More
OA160: Schrodinger's Andrew

1:12:00 | Mar 30th, 2018

In this rapid-response episode, Thomas and Andrew take a look at the things Andrew Was Right about over the past few weeks (yay!) as well as the things Andrew Was Wrong about (boo!).  It's Schrödinger's Andrew Day! In the pre-show segment, the guys g...Show More
OA159: What Was So Bad About Watergate? Part 1: The Saturday Night Massacre

1:07:09 | Mar 27th, 2018

Today's episode takes our time machine back to 1972, as Richard Nixon's Committee to Re-Elect the President ("CREEP") planned the break-in to the Watergate Hotel Complex that set in motion the criminal conduct that led to the only time in our nation'...Show More
OA158: Cambridge Analytica

1:12:57 | Mar 23rd, 2018

In this rapid-response episode, Thomas and Andrew discuss the scandal regarding Cambridge Analytica.  Is there a legal angle?  Have crimes been committed?  Listen and find out! In the pre-show segment, Andrew helps out our reporters by giving theme t...Show More
OA157: Are Originalist Judges Qualified? (w/guest David Michael)

1:26:59 | Mar 20th, 2018

Way back in Episode 49, Andrew argued that lawyers who claim to follow in the footsteps of Antonin Scalia-style originalism should be disqualified from serving on the U.S. Supreme Court, and that Democrats on the Senate Judiciary Committee need to b...Show More
OA156: Conor Lamb & Pennsylvania Recounts

1:11:59 | Mar 16th, 2018

In this rapid-response episode, Thomas and Andrew discuss Congressman-elect Conor Lamb's victory in Tuesday's PA-18 special election and whether the Republicans will be able to recount the results. After that, Andrew walks through the history of prio...Show More
OA155: Corporations Are People, My Friend... (and More Stormy)

1:20:14 | Mar 13th, 2018

Today's episode tackles a popular article in The Atlantic which implies that, but for the machinations of one dude in the 1880s, corporations might not be "people," today.  Is it true?  Listen and find out! First, though, we continue to examine the ...Show More
OA154: Stormy Daniels is a Legal Genius

1:07:30 | Mar 8th, 2018

This emergency episode examines the Complaint filed by Stormy Daniels seeking a legal determination that the Settlement Agreement entered into between her, Donald Trump's lawyer, and (allegedly) Donald Trump is not legally binding. We honestly believ...Show More
OA153: March Madness on Yodel Mountain

1:07:40 | Mar 6th, 2018

Today's episode takes an in-depth look at the recent FBI investigation into NCAA basketball. First, though, the guys take another trip to Yodel Mountain, stopping at base camp to discuss Michael Rogers, Hope Hicks, Jared Kushner, Rick Gates, and ever...Show More
OA152: Discrimination is for Dick's?

1:24:54 | Mar 2nd, 2018

In this rapid-response episode, Thomas and Andrew discuss the 2nd Circuit Court of Appeals' en banc decision in Zarda v. Altitude Express, ruling that Title VII of the Civil Rights Act of 1964's ban on discrimination on the basis of sex applies to se...Show More
OA151: Equal Access, the Americans With Disabilities Act, and HR 620

1:03:22 | Feb 27th, 2018

Today's episode takes a look at HR 620.  What does it mean, and why does Congress want to make changes to one of the most successful, bipartisan, and beloved pieces of legislation in the past 30 years? First, though, the guys update  break down a rec...Show More
OA150: Janus, The Angry Roman God Of Doorways (And Labor Law?)

1:13:33 | Feb 23rd, 2018

In this fast-breaking episode, Thomas and Andrew preview a significant labor case scheduled for oral argument before the Supreme Court this coming Monday, Janus v. AFSCME.  You'll know all about it before the news breaks! In the initial segment, "And...Show More
OA149: Russian Indictments & Utah Silence (feat. Bryce Blankenagel)

1:28:45 | Feb 20th, 2018

Today's emergency episode breaks down the indictments issued in the Mueller probe on Friday, focusing on the shadowy, Putin-funded Internet Research Agency.  What does this mean in terms of Yodel Mountain?  Listen and find out! After that, we have a ...Show More
OA148: The Parkland Massacre

1:18:36 | Feb 16th, 2018

In this emotional episode, Thomas and Andrew begin by discussing the recent school shooting at Marjory Stoneman Douglas HS in Parkland, Florida. After that, the guys break down the recent settlement between Waymo (the Google-backed automotive company...Show More
OA147: The Satanic Temple (featuring Lucien Greaves)

1:01:23 | Feb 13th, 2018

Today's episode features a full-length interview with the co-founder of The Satanic Temple, Lucien Greaves.   This episode is part of a two-part crossover with Episode 119 of Serious Inquiries Only.  In this episode, we talk about TST's lawsuit chall...Show More
OA146: Clearing the White Board!

1:00:29 | Feb 9th, 2018

In this "lightning round" episode, Andrew tackles more than the typical three stories we cover on the show.  How much more??  Listen and find out! Potential topics include:  the budget showdown and sequestration, the recent Supreme Court rulings on g...Show More
OA145: Britt Hermes and German Defamation Law

1:07:33 | Feb 6th, 2018

Today's episode features a full-length interview with former naturopath turned whistleblower Britt Marie Hermes.  We talk about her amazing career and the recent defamation lawsuit filed against her under German law. After that, we answer a question ...Show More
OA144: Our Football-Free Superb Owl Edition

1:03:14 | Feb 2nd, 2018

If you want football-themed Opening Arguments, check out Episode 57 and Episode 58, which tell the tale of how one Donald J. Trump destroyed the USFL.  Everyone else can enjoy today's sports-free episode, which begins with a discussion of Californi...Show More
OA143: Same-Sex Couples and Citizenship

58:27 | Jan 30th, 2018

Today's episode features a deep dive into two recently-filed lawsuits on behalf of same-sex couples where the government literally wants to break up their families.  And don't forget to tune in for our LIVE Q&A this Wednesday, 1/31, at 7 pm EST / 4 p...Show More
OA142: The Opioid Crisis -- A (Mostly) Non-Partisan Friday

1:09:55 | Jan 26th, 2018

Today's episode features a deep dive into our nation's opioid crisis. First, the guys take a look at a recent bad court thingy filed by Paul Manafort's lawyers in connection with his criminal prosecution.  What does it mean?  Listen and find out! In ...Show More
OA141: Stormy Daniels Answers Your Tax Questions

1:23:21 | Jan 23rd, 2018

Today's episode features a full-length interview with Tony DiFatta, accountant to the podcasting stars.  He answers your questions about the 2017 omnibus tax bill that were posted in this Patreon thread. First, though, we take a look at whether Storm...Show More
OA140: DACA and More!

1:16:00 | Jan 19th, 2018

Today's episode features a deep dive in the latest legal news surrounding the DACA program. First, the guys tackle a listener question regarding the difference between the James Damore case against Google and Colin Kaepernick's grievance against the ...Show More
OA139: Cara Santa Maria & Why Two Dudes Named Iqbal and Twombly Are Hanging Out On Yodel Mountain

1:08:24 | Jan 16th, 2018

Today's episode features a full-length interview with the one and only Cara Santa Maria! First, though, we pore through the Fusion GPS testimony that was leaked by Sen. Dianne Feinstein and we look at a companion defamation lawsuit filed by one of Tr...Show More
OA138: Pot, Gerrymandering, and Net Neutrality

1:22:49 | Jan 12th, 2018

Today's episode tackles a number of breaking legal issues. First, the guys break down the recent memorandum by Attorney General Jeff Sessions on marijuana.  What does this mean for the average recreational user in a state where pot is legal, like Cal...Show More
OA137: How to (Almost) Defame Someone and Get Away With It -- The SciBabe Story (w/guest Yvette d'Entremont)

1:15:06 | Jan 9th, 2018

Today's episode is all about the First Amendment and features a full-length interview with the one and only SciBabe, Yvette Guinevere d'Entremont! First, though, we answer a listener question from Secular Saint about the free press clause that was  r...Show More
OA136: Chevron Deference Has Consequences -- Particularly For Paul Manafort!

1:03:25 | Jan 5th, 2018

Today's episode tackles the recent lawsuit filed by Paul Manafort against the Department of Justice, Asst. AG Rod Rosenstein, and Robert Mueller. First, we share some insights from our listeners about our recent deep dive into cryptocurrency, and pr...Show More
OA135: The OA Inaugural Democratic Presidential Candidates Fantasy Draft

1:09:06 | Jan 2nd, 2018

Happy New Year!  In today's special episode, Andrew, Thomas, and Chris Kristofco of the Titletown Sound podcast draft Democratic Presidential candidates for 2020. After the draft, we end with the answer to Thomas Takes The Bar Exam question #56 about...Show More
OA134: Do Intergalactic Extraterrestrial Anchor Babies Use Cryptocurrency?

1:08:57 | Dec 29th, 2017

Today's episode is a deep dive into cryptocurrency. First, we're delighted to share some breaking news with you that follows up on our Episode 132 about a student and his crazy-person lawyer trying to introduce creationism at Thomas's old high schoo...Show More
OA133: So You Want To Go To Law School?

1:28:09 | Dec 26th, 2017

Happy holidays, everyone!  Today's special episode tackles a number of issues about being in law school and being a lawyer. First, however, we begin with an update on the Trump administration's efforts to restrict the reproductive rights of young wom...Show More
LAM2: Miracle on 34th Street with Eli Bosnick!

1:58:55 | Dec 25th, 2017

As a gift to our amazing listeners, here's the great Eli Bosnick breaking down Miracle on 34th Street with the guys! If you enjoy this Law'd Awful Movies, make sure to check out Patreon.com/law for more!
OA132: The Thomas Show! Can He Serve on the Federal Bench? Why is His High School Crazy? & More!

1:16:46 | Dec 22nd, 2017

Today's episode is all about the budding legal expert co-host of this show, one Thomas Smith, Esq. soon-to-be of Thomas's Second Chance Law Firm. First, taking a cue from the hilarious failed nomination of Matthew Petersen to the federal bench, Andre...Show More
OA131: Andrew^2 (w/guest Andrew Seidel)

1:09:02 | Dec 19th, 2017

Today's episode welcomes back one of our favorite guests -- and the show's only three-time guest, Andrew Seidel, attorney with the Freedom From Religion Foundation. Together, Andrew, Andrew, and Thomas tackle a bunch of church and state separation is...Show More
OA130: California on Fire

1:06:25 | Dec 15th, 2017

Today's episode talks about the disastrous wildfires that have ravaged Thomas's home state of California, and who winds up footing the bills for these disasters.  It's exactly as much insurance law as you wanted to learn! First, we begin with some ne...Show More
OA129: "Don't Talk To The Police"

1:09:38 | Dec 12th, 2017

Should you take legal advice from a viral video on YouTube? Today's episode is all about judges, lawyers, attorney-client privilege, and the police.  We begin with the news that Supreme Court Justice Elena Kagan has recused herself in the case of Jen...Show More
OA128: Antitrust, Part Two

1:08:10 | Dec 8th, 2017

Today's episode concludes the discussion begun in Episode 125 about antitrust law in light of the proposed AT&T/Time Warner merger. First, though, we begin with some news items, including an update on Patreon practices and the status of Leandra Engli...Show More
OA127: Special Edition - What Michael Flynn's Plea Deal Means (w/guest Randall Eliason)

1:14:38 | Dec 5th, 2017

For $30 off your first week of HelloFresh, visit hellofresh.com and enter lawpod30! Today's special episode tackles the breaking news that Gen. Michael Flynn has pled guilty in connection with the Mueller investigation.  To break down the significan...Show More
OA126: Mick Mulvaney & The Consumer Financial Protection Bureau

1:11:34 | Dec 1st, 2017

Today's episode breaks down the recent kerfuffle over the simultaneous claims of Leandra English and Mick Mulvaney to be Acting Director of the Consumer Financial Protection Bureau (CFPB). First, we begin with an "Andrew Was Wrong (?)" segment that g...Show More
OA125: Net Neutrality and Antitrust, Part One

1:11:08 | Nov 28th, 2017

Today's episode takes two deep dives into complicated legal issues in the news. First, we tackle the FCC's recent "Order Restoring Internet Freedom," which is being characterized as ending Net Neutrality.  Is that true?  The answer... probably won't ...Show More
OA124: Happy Thanksgiving!

1:06:41 | Nov 24th, 2017

Today's episode is the Happiest Episode Ever (TM)! First, the guys discuss "the real meaning of Thanksgiving," cribbing from a blog post Andrew wrote for his old firm back in 2013. In the main segment, Andrew and Thomas break down a pending case befo...Show More
OA123: Cards Against Humanity (And Thomas), "Magic Words" & so much more!

1:05:49 | Nov 21st, 2017

In this fun, pre-Thanksgiving episode, we delve into a number of interesting topics.  We begin with the popular (if much maligned by Thomas) card game "Cards Against Humanity" and their pitch to "save America."  Are you surprised that it turns into a...Show More
OA122: Moore is Less

1:05:06 | Nov 17th, 2017

Today's episode is, unfortunately, all about Alabama Senate candidate Roy Moore. First, the guys discuss the unintentionally hilarious litigation hold letter filed by Moore's attorney.  After that, Andrew and Thomas break down Alabama's election laws...Show More
OA121: A Theory of Justice and the Social Contract (w/guest Aaron Rabi of Embrace the Void)

1:21:51 | Nov 14th, 2017

Today's episode takes a deep dive into social contract theory, and in particular, one of the most influential works of modern philosophy, John Rawls's A Theory of Justice, with guest philosopher Aaron Rabi, host of the terrific podcast Embrace The Vo...Show More
OA120: OA Shills For Monsanto! (w/guest Natalie Newell of "Science Moms")

1:08:20 | Nov 10th, 2017

Today's episode features Natalie Newell of the documentary "Science Moms" discussing GMO labeling and science awareness. First, we begin with an "Andrew Was Wrong" segment that updates some previous stories, including good news from the Jane Doe v. W...Show More
OA119: Trump's Trans Ban (& More)

1:05:52 | Nov 7th, 2017

Today's episode takes a look at the recent decision in Doe v. Trump in which a federal judge issued a preliminary injunction blocking the majority of President Trump's ban on trans servicemembers in the armed forces. First, though, we begin with a di...Show More
OA118: Indictment Monday & the View From Yodel Mountain

1:04:51 | Nov 3rd, 2017

Today's rapid-response episode tackles -- of course -- the indictment of former Donald Trump campaign manager Paul Manafort and his protege, Rick Gates, as well as the guilty plea entered by Trump campaign official George Papadopoulos.  What does it ...Show More
OA117: Restricting Abortion Rights (& a Deep Dive into Res Judicata)

1:05:00 | Oct 31st, 2017

Today's episode takes a look at a tragic case currently unfolding of a pregnant young woman being detained for being in this country illegally and the Trump administration's efforts to deny her the right to an abortion. We begin with a quick procedur...Show More
OA116: Hillary Clinton, Donald Trump & The Russians - Election Law (w/guest Beth Kingsley)

1:09:35 | Oct 27th, 2017

Today's rapid-response episode tackles the recent news that Hillary Clinton's campaign and/or the DNC paid for the "Russian dossier" on Donald Trump.  What does that mean in terms of U.S. election law?  Listen and find out! We begin with a quick news...Show More
OA115: Colin Kaepernick's Grievance Against the NFL (Featuring Chris Kluwe)

1:14:50 | Oct 24th, 2017

Today's episode features former NFL punter, social justice advocate, and game designer Chris Kluwe, who sued his former NFL team for wrongful termination after he alleged that they cut him for standing up for marriage equality. Kluwe brings his uniqu...Show More
OA114: Presidential Powers - Obamacare and the Travel Ban

1:10:22 | Oct 20th, 2017

Today's rapid-response episode begins with an update on the Allergan patent licensing scheme discussed in Episode 107.  What does a federal judge think of this One Weird Trick to avoid certain legal proceedings?  Listen and find out! Next, our main ...Show More
OA 113: Our Cruel & Unusual Podcast Heads to International Waters

1:03:22 | Oct 17th, 2017

Today's episode is entirely Trump-free, and features a deep dive into the Cruel and Unusual Punishment Clause of the 8th Amendment. We begin, however, with a great listener question from Captain Patrick Dobbins, who wants to know the ins and outs of ...Show More
OA112: Who's Afraid of the FCC?

1:09:48 | Oct 13th, 2017

Today's rapid-response episode begins with a discussion of a recent petition to the Supreme Court for certiorari filed in Evans v. Georgia Regional Hospital, and in particular, an amicus curiae brief submitted by 76 employers.  How does this brief af...Show More
OA111: Andrew Seidel Returns!

1:03:47 | Oct 10th, 2017

Today's episode marks the triumphant return of attorney Andrew Seidel of the Freedom From Religion Foundation to the show! We begin with an "Andrew Was Wrong" segment in which patron Kristen Hansen discusses how better to evaluate charities than the ...Show More
OA110: Gun Control After Las Vegas & Two Trips To Yodel Mountain

1:13:30 | Oct 6th, 2017

Today's rapid-response episode begins with a discussion of the tragedy in Las Vegas and whether we can do anything about it.  Before you dig in, you might want to take a refresher on our two-part masterclass on the Second Amendment in Episode 21 (Par...Show More
OA109: The GOP Tax Plan's Big Lie (& More!)

1:01:00 | Oct 3rd, 2017

Today's show discusses: A)  The Jones Act and Puerto Rico; B)  The GOP's tax plan; and C)  Oral arguments in the Zarda v. Altitude Express case we discussed back in Episode 91. Support us on Patreon at patreon.com/law Follow us on Twitter:  @Openargs...Show More
OA108: State-Sponsored Patriotism In the NFL & So Much More!

1:05:05 | Sep 29th, 2017

Today's episode hits on some timely news stories, including Trump's latest kerfuffle with the NFL. In the pre-show, we talk a little bit about the Graham-Cassidy Bill, which is hopefully defunct by the time you hear this.  But can Trump save it via E...Show More
OA107: Adnan Syed Obviously Did It (Also: You Can Learn About Patents!)

1:26:26 | Sep 26th, 2017

Today's super-sized show -- at long last! --  discusses season 1 of the Serial podcast.  Even if you haven't heard Serial, we think you'll enjoy this application of the principles of reasonable doubt. We begin with a discussion of the recent settleme...Show More
OA 106: Elections Have Consequences! Donald Trump, Bernie Sanders & the DNC Lawsuit

1:09:27 | Sep 22nd, 2017

In this episode, we discuss a number of political stories making the rounds. First, "Yodel Mountain" returns with a look at the recent CNN story showing that the FBI obtained a FISA court warrant for Paul Manafort.  Does this mean Trump's complaints ...Show More
OA105: More Gay Wedding Cakes

1:01:40 | Sep 19th, 2017

Today's show discusses everyone's favorite non-issue:  whether bigots who bake cakes for a living can discriminate against gays. We begin with a lightning round of questions taken from the Opening Arguments Facebook Community, which you should defini...Show More
OA104: Equifax, Class Actions, Sham Marriages & Redistricting!

1:19:01 | Sep 15th, 2017

Our jam-packed "breaking news" episode covers some of the biggest stories trending at the moment, including the Equifax breach. First, Closed Arguments returns by tackling a proposal from friend of the show Eli Bosnick, who asks -- in light of Trump'...Show More
OA103: We Defend Trump, Part 2!

1:12:27 | Sep 12th, 2017

Today's show discusses the Trump budget, scientist Kevin Folta's defamation lawsuit, and the recent debt ceiling deal struck between Trump and Democrats. In the wake of hurricanes Harvey and Irma, the guys encourage you to donate to either (or both) ...Show More
OA102: The Utah Nurse, DACA, & Disaster Relief

1:18:40 | Sep 8th, 2017

This week's "breaking news" episode covers three of the biggest stories trending at the moment:  the Utah nurse who was arrested for standing up for her patient's rights; Trump's repeal of DACA; and churches suing for relief funds. In the wake of hur...Show More
OA101: DreamHost and Free Speech

1:05:21 | Sep 5th, 2017

Today's show discusses the free speech issues surrounding the Trump administration issuing a search warrant to DreamHost in connection with its hosting of a website critical of the Trump administration. We begin, however, with the triumphant return o...Show More
OA100: Trump's Trans Ban & Arpaio Pardon

1:06:12 | Sep 1st, 2017

This week's "breaking news" episode covers two of the biggest Trump stories right now:  the ban on trans soldiers in the military, and the President's pardon of Sheriff Joe Arpaio. First, though, we begin with the seldom-necessary "Andrew Was Wrong" ...Show More
OA99: Q&A Extravaganza!

1:12:29 | Aug 29th, 2017

Today's show is an hour-plus-long question & answer session answers some (but not all!) of the 110 questions our Patrons submitted on this thread.  As always, Andrew has no advance knowledge of these questions and answers everything off the cuff! Aft...Show More
OA98: More Sovereign Citizen Madness!

54:04 | Aug 25th, 2017

If you or anyone you know has ever cared what color the fringe on the U.S. flag is, you will not want to miss this episode.  Yes, by popular request, we once again tackle the wild and wacky world of sovereign citizen loons! First, though, the guys re...Show More
OA97: What Can Your Employer Fire You For?

1:01:01 | Aug 22nd, 2017

Today's show deals with a number of issues that all surround what your employer can (and cannot) fire you for. First, we begin by revisiting the "Google manifesto" topic from Opening Arguments Episode #94 as Thomas and Andrew respond to some hate ma...Show More
OA96: Understanding Charlottesville

1:16:57 | Aug 18th, 2017

Today's special episode devotes all three segments to the tragedy in Charlottesville, VA. First, the guys answer a question regarding the police declaration that the Unite the Right rally as an "unlawful gathering" right before the scheduled start ti...Show More
OA95: The Great SIO Crossover & We Defend Milo!

1:14:33 | Aug 15th, 2017

Today's show is a companion to Episode 67 of Serious Inquiries Only regarding the Violent Crime Control and Law Enforcement Act of 1994. We begin, however, with a question about progressivity and fines from listener Noah Lugeons. In the main segment...Show More
OA94: Geoff Blackwell, Trump's Anti-Trans Tweets & the Google Manifesto

1:07:01 | Aug 11th, 2017

In today's episode, we interview Geoffrey Blackwell from the American Atheists Legal Center. First, the guys break down the recent lawsuit filed by two LGBTQ advocacy organizations challenging President Trump's tweets regarding transgender service in...Show More
OA93: Affirmative Action (& The Best Legal Brief Ever Written)

1:10:54 | Aug 8th, 2017

Today's show is a deep dive into the current Constitutional status of affirmative action in higher education. We begin, however, with a question about Donald Trump from conservative listener Sage Scott.  Is it really a big deal to just listen to the ...Show More
OA92: The Unfortunate Application of Statutes of Limitation and Davino Watson

1:20:10 | Aug 4th, 2017

In today's episode, Andrew reluctantly -- but definitively -- opines that the Second Circuit got the law right in dismissing out the claims of Davino Watson, who argued that he was falsely imprisoned by the U.S. government for 3 1/2 years. In the pre...Show More
OA91: More Sex (& Also Asset Forfeiture)

59:57 | Aug 1st, 2017

For today's show, we revisit the topic first discussed in Opening Arguments Episode #60, namely, whether Title VII of the Civil Rights Act of 1964's prohibition of discrimination on the basis of "sex" implicitly extends to prohibiting discrimination ...Show More
OA90: Pardon Me? Yes, Donald Trump Can Pardon Himself

1:07:56 | Jul 28th, 2017

In today's episode, Andrew definitively opines that the Presidential pardon power includes the right to self-pardon. We begin, however, with "Andrew Was Wrong."  This time, he was wrong about Thor Heyerdahl, but right about the fate of Ken Ham's Ark ...Show More
OA89: The "W" is Silent - Powlitics & Mwedia with Northpod Law UK

1:11:08 | Jul 25th, 2017

Today's show features an in-depth interview with Kirstin Beswick and Ben Knight of NorthPod Law UK, often referred to (by us) as the "Opening Arguments of England."  Join all four of us as we discuss media, politics, Brexit, and maybe -- just maybe -...Show More
OA88: Noah's Ark & How Private Is The Stuff You Do On Your Computer?

1:10:50 | Jul 21st, 2017

In today's episode, we discuss a recent court case involving an individual's expectation of privacy while browsing the Internet. We begin, however, with the question so many of our listeners wanted to know:  Is it legal for Ken Ham to sell his Ark En...Show More
OA87: Revenge Porn & Parol Evidence

1:00:51 | Jul 18th, 2017

For today's show, we take a deep dive into the law of contracts, featuring the "parol evidence" rule. First, however, we answer a question from special listener Lydia S. who wants to know all about Blac Chyna, Rob Kardashian, and "revenge porn."  YOU...Show More
OA86: If Donald Trump, Jr. Commits Treason, Is It A Mini-Yodel?

1:09:00 | Jul 14th, 2017

In today's episode, we discuss the recent controversy over Donald Trump, Jr.'s contact with Russian officials during the 2016 election. We begin, however, with a follow-up from Dave (and others) who asked us about doxxing. In our main segment, the gu...Show More
OA85: More with Andrew Seidel on Trinity Lutheran & the First Amendment

1:30:33 | Jul 11th, 2017

For today's show, we dive deeper into the Supreme Court's recent decision in Trinity Lutheran v. Comer with guest lawyer Andrew Seidel from the Freedom From Religion Foundation. First, however, we answer a question from Patron Christopher Arguin rega...Show More
OA84: #CNNBlackmail, John Oliver's lawsuit, and more on Maajid Nawaz

1:09:07 | Jul 7th, 2017

In today's episode, we discuss the recent controversy over CNN's handling of a Redditor who posted a Trump meme online.  Is this really "blackmail" by CNN? We begin, however, with a follow-up from Patron Joerg regarding UK laws on personal jurisdicti...Show More
OA83: Law of the Fourth of July! (and Maajid Nawaz)

1:01:54 | Jul 4th, 2017

In this special holiday episode, Andrew and Thomas talk about fireworks law across the U.S.  Where can you go for a cherry-bombin' good time?  Listen and find out! First, however, we take a look at Maajid Nawaz's threatened lawsuit against the SPLC. ...Show More
OA82: Trinity Lutheran, Trump's Executive Order & More (w/guest Andrew Seidel)

1:07:21 | Jun 30th, 2017

For today's show, we break down the Supreme Court's recent decision in Trinity Lutheran v. Comer with guest lawyer Andrew Seidel from the Freedom From Religion Foundation. We begin, however, with a parenting question from Garrett Thomas Fox in our Su...Show More
OA81: 😒😜🐿️😎 Emoji Law with Denise Howell (also: Voting Rights, Draft Kings, and FanDuel)

1:10:33 | Jun 27th, 2017

In this episode, Thomas and Andrew interview Denise Howell from the This Week in Law podcast. First, however, we take a look at the Supreme Court's recent decision denying certiorari in an appeal of a Fourth Circuit case striking down various provisi...Show More
OA80: Flashback Friday (featuring Health Care, The Slants, and Gerrymandering!)

1:03:04 | Jun 23rd, 2017

It's our first Flashback Friday!  On today's episode, we revisit topics from previous episodes that are once again back in the news. We begin with the breaking-est of breaking news, the new Senate version of the AHCA that literally just got released ...Show More
OA79: The Thomas Was Right Show! (Featuring Climate Change and the Paris Accords)

1:03:06 | Jun 20th, 2017

In this episode, Thomas and Andrew break down the Trump Administration's decision to withdraw from the Paris Agreement regarding climate change. First, however, we celebrate Thomas being prescient in taking an in-depth look at the Ninth Circuit's rat...Show More
OA78: Jeff Sessions, "Preemptive Executive Privilege," & More on Emoluments

1:13:29 | Jun 16th, 2017

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with Breakin' Down the Law, in which Andrew answers the question raised by every single person in the universe th...Show More
OA77: Oh No Ross and Carrie (and Matthew!)

1:03:12 | Jun 13th, 2017

In this episode, Thomas and Andrew talk to the co-host of one of their favorite podcasts, Oh No Ross and Carrie, along with the show's lawyer, Matthew Strugar -- proving once and for all that other podcasts need lawyers, too. First, however, Andrew b...Show More
OA76: "I Hope" James Comey's Senate Testimony Shows Obstruction of Justice

1:02:25 | Jun 9th, 2017

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with the second installment of a hopefully infrequent segment about stuff Andrew gets wrong.  In this case, it's ...Show More
OA75: Opening Arguments Über Alles (Understanding Non-Compete Clauses)

1:04:46 | Jun 6th, 2017

In this freewheeling episode, Andrew walks through a recent decision in California regarding a key employee who worked on self-driving cars and was recruited by a competitor. First, however, the guys talk about Episode #73's discussion with Travis We...Show More
OA74: Sippin' #Covfefe With Trump's Severed Head

1:09:39 | Jun 2nd, 2017

If it's Friday, it's a current events episode, and if it's current events, we're probably talking about Donald Trump. We begin, however, with a hopefully infrequent segment about stuff Andrew gets wrong.  In this case, patron Sean Keehan corrects And...Show More
OA73: Berkeley, Ann Coulter, and Free Speech (w/guest Travis Wester)

1:40:54 | May 30th, 2017

In this episode, the guys engage in a discussion with actor Travis Wester, who criticized the show's coverage of the Berkeley College Republicans' lawsuit back in the "C" segment of Episode #65. Travis comes on the show to criticize Berkeley's polic...Show More
OA72: Body Slamming Journalists PLUS Political vs. Racial Gerrymandering

1:06:03 | May 26th, 2017

In this episode, we revisit what Andrew has called the worst problem in American politics:  gerrymandering -- but this time with a twist. We begin, however, with a listener question from Anna Bosnick, who is also our special guest for Law'd Awful Mov...Show More
OA71: Free Speech Left and Right (featuring the Grand Canyon)

1:07:23 | May 23rd, 2017

In this episode, the guys address whether the political left or the political right is the biggest threat to freedom of speech in the United States.  Their answer probably won't surprise you, but it will give you some ammunition during your next twit...Show More
OA70: Donald Trump & Obstruction of Justice - Are We at the Peak of Yodel Mountain?

1:05:54 | May 19th, 2017

This episode begins the switch to a new, more responsive format in which we are better able to cover breaking news within a day of its release.  And, of course, what better way to kick off that format by addressing the most pressing topic of the mome...Show More
OA69: The Tuesday Massacre - Trump Sacks FBI Director James Comey

1:10:18 | May 16th, 2017

In this episode, the guys analyze the justification given by Deputy Attorney General Rod Rosenstein for President Trump to fire former FBI Director James Comey. First, though, fan-favorite Yodelin' Trump returns with a related question from our liste...Show More
OA68: Did Aaron Hernandez Cash In By Committing Suicide? (w/guest Chris Kristofco)

59:10 | May 12th, 2017

In this episode, the guys tackle a recent Internet meme regarding convicted murderer Aaron Hernandez's suicide with help from NFL expert and friend of the show Chris Kristofco of the Titletown Sound podcast. First, though, Andrew tackles a question f...Show More
OA67: Trump's Executive Order on Religious Freedom

1:06:19 | May 9th, 2017

In this episode, the guys analyze the recent Presidential Executive Order Promoting Free Speech and Religious Liberty. First, though, we discuss why the show rejected a potential sponsor. Next, we answer a great listener question from our (only?) con...Show More
OA66: Sanctuary Cities

1:03:36 | May 5th, 2017

In this episode, the guys break down the recent decision by a federal court to enjoin the enforcement of President Trump's Executive Order 13768 regarding Sanctuary Cities. First, though, Andrew tackles a popular question from Brad Kalmanson (and oth...Show More
OA65: How "Net Neutrality" Became "Selling the Internet" - A Choose-Your-Own Adventure, Part 2 (Plus Ann Coulter!)

1:04:07 | May 2nd, 2017

In this episode, Thomas continues his choose-your-own-adventure in which we discover how two well-meaning efforts to protect privacy on the Internet somehow left us with the "Selling The Internet" Bill, S.J.R. 34.  We also tackle the wackiest of wack...Show More
OA64: How "Net Neutrality" Became "Selling the Internet" - A Choose-Your-Own Adventure, Part 1

1:00:07 | Apr 28th, 2017

In this episode, Thomas begins a choose-your-own-adventure in which two well-meaning trains collide, producing the so-called "Selling The Internet" Bill, S.J.R. 34.  How did this happen? First, though, Andrew revisits a very difficult TTTBE question ...Show More
OA63: Saving Money For College Is For Suckers! (with Phil Ferguson)

1:06:25 | Apr 25th, 2017

In this episode of Opening Arguments, Andrew and Thomas invite on Phil Ferguson, host of the cleverly-titled Phil Ferguson Show, to discuss why only suckers save money for college. First, Andrew discusses the scuttlebutt surrounding whether Ivy Tech ...Show More
OA62: The Supreme Court's Hall of Shame

1:08:56 | Apr 21st, 2017

In this episode, Andrew goes through five of the worst, most embarrassing cases in Supreme Court history. First, though, the guys tackle a question from Scott, who's considering becoming a patron of the show (good!) but has some questions about a sta...Show More
OA61: Flyin' the Friendly Skies & Newt Gingrich Still Has a Contract on America

1:05:52 | Apr 18th, 2017

In this episode of Opening Arguments, the guys look at both United Airlines and an obscure law from 1996 that could threaten the "administrative state" held in such disdain by our newest Supreme Court Justice, Neil Gorsuch. First, of course, Andrew b...Show More
OA60: Sex and Sexual Orientation

1:17:24 | Apr 14th, 2017

In this episode, we take a look at a landmark decision by the 7th Circuit Court of Appeals, Hively v. Ivy Tech Community College of Indiana. First, though, we tackle a question from listener Justin Wilder who wants to know about serving a subpoena on...Show More
OA59: Make America Great Again! OA Defends Trump

1:08:23 | Apr 10th, 2017

In this highly unlikely episode of Opening Arguments, the guys run through three segments in which they defend President Donald J. Trump.  Sometimes truth is stranger than fiction First, listener T.Sp. asks about the just-invoked "nuclear option," an...Show More
OA58: What Football Can Teach Us About Jury Nullification, Antitrust, and Donald Trump - Part 2

1:04:50 | Apr 7th, 2017

Today's episode is part two of a two-part series in which Thomas and Andrew walk through the short-lived history of the USFL, an alternative football league that ran into the bulldozer that is Donald J. Trump.  Along the way, we learn about jury null...Show More
OA57: What Football Can Teach Us About Jury Nullification, Antitrust, and Donald Trump - Part 1

1:03:11 | Apr 4th, 2017

Today's episode is part one of a two-part series in which Thomas and Andrew walk through the short-lived history of the USFL, an alternative football league that ran into the bulldozer that is Donald J. Trump.  Along the way, we learn about jury null...Show More
OA56: Jury Secrecy and Pena-Rodriguez v. Colorado

1:01:15 | Mar 31st, 2017

In today's episode, we look at a recent Supreme Court decision that could have wide-ranging effects on future trials. We begin, however, by "Breakin' Down the Law" regarding House Intelligence Chairman Devin Nunes.  Did he just violate the law Republ...Show More
OA55: More on Gorsuch - Was He Just Unanimously Reversed By the Supreme Court?

1:05:09 | Mar 28th, 2017

Today's episode continues our look at appellate jurisprudence, Supreme Court nominee Neil Gorsuch, and the philosophy of originalism that Andrew continues to insist is so extreme ast o be disqualifying. First, our much-beloved segment "Are You A Cop?...Show More
OA54: Gerrymandering

1:01:18 | Mar 24th, 2017

In today's episode, we look at the history and potential future of gerrymandered congressional districts. We begin, however, with a listener question that's come to us from multiple sources, including Patrons Greg Boettcher and Adrian Borschow, who w...Show More
OA53: Did Jeff Sessions Perjure Himself & Other Trump-Related Stories

1:11:03 | Mar 21st, 2017

In today's episode, we take a look at a recent claim being made by Sen. Al Franken and others that Attorney General Jeff Sessions perjured himself during his confirmation hearings. First, we begin with an examination of some legal issues in the news ...Show More
OA52: Thomas Knows Words! Thomas Has The Best Words!

1:01:38 | Mar 17th, 2017

In today's episode, we look at some legal terms that our patrons asked us to define.  In a twist, however, the guys switch chairs and Andrew asks the questions while Thomas tries to offer legal definitions.  How did that work out?   Listen and find o...Show More
OA51: The Grimm Reality About Transgender Bathrooms

1:08:16 | Mar 14th, 2017

In today's episode, we take a look at the recent Supreme Court decision to rescind its grant of certiorari in the 4th Circuit opinion of Grimm v. Gloucester County School District.  What happened, and what does this mean for transgender rights? First...Show More
OA50: Obama's Fiduciary Rule (With Guest Ben Offit)

1:08:39 | Mar 10th, 2017

In today's episode, we take a look at a rule first proposed by President Obama's Department of Labor in 2016 that would require financial advisers to abide by a "fiduciary" duty with their clients.  What does that mean?  Listen and find out! We begin...Show More
OA49: Why Originalists Don't Belong on the Supreme Court

1:03:17 | Mar 7th, 2017

In today's episode, we take a long look at the judicial philosophy of "originalism" made popular by former Supreme Court Justice Antonin Scalia and advocated by his would-be replacement. First, we begin with a question from Jodi, who asks Andrew for ...Show More
OA48: Three Cases You Care About - Planned Parenthood, Gay Florists, and Litigious Quacks

1:05:28 | Mar 3rd, 2017

Today's episode is a little bit different than our usual format; today, we take a look at three cases that our listeners have asked about on Twitter and Facebook. First up is an order entered by the U.S. District Court for the Western District of Tex...Show More
OA47: Is This The Gun Control Case That Could Overrule DC v. Heller?

1:03:43 | Feb 28th, 2017

In today's episode, we take a look at the just-decided case of Kolbe v. Hogan out of the United States Court of Appeals for the Fourth Circuit.  Is this case as big a deal as people are saying it is? We begin, however, with a preliminary question fro...Show More
OA46: What Could Donald Trump's Tax Returns Tell Us? (With Guest Tony Di Fatta) - Part 2

1:04:45 | Feb 24th, 2017

Today's episode concludes our two-part look at one of your most requested questions:  what might be in Donald Trump's taxes! We begin, however, with a listener criticism from Peter Crinklaw, who thinks Andrew gave short shrift to the policy argument ...Show More
OA45: What Could Donald Trump's Tax Returns Tell Us? (With Guest Tony Di Fatta) - Part 1

1:05:34 | Feb 21st, 2017

In today's episode, we take a look at one of your most requested questions:  what might be in Donald Trump's taxes! We begin, however, with a preliminary question from Jim Sabatowski, who asks us what's the big deal with Trump's tax returns, anyway? ...Show More
OA44: All About Arbitration

1:03:25 | Feb 17th, 2017

In today's episode, we take a look at arbitration, an increasingly popular device being used to take disputes out of the courtroom.  What might arbitration mean for you?  Listen and find out! We begin, however, with a question from patron Faye Reppas...Show More
OA43: Explaining the 9th Circuit's Ruling on Trump's Muslim Ban

1:11:43 | Feb 14th, 2017

In today's episode, we take a look at the ongoing status of Executive Order 13769 (often referred to as the "Muslim Ban").  What exactly did the 9th Circuit decide, and how does it affect the status of efforts to restrict emigration going forward? We...Show More
OA42: Denny Hastert and the Limits of Contract Law

1:02:07 | Feb 10th, 2017

Today's episode is brought  to you by Audible! Go to audible.com/lawpod for your free 30 day trial!! In today's episode, we take a look at the law of contracts, and particularly in the context of the recent lawsuit involving former Speaker of the Hou...Show More
OA41: Betsy DeVos and School Vouchers

57:30 | Feb 7th, 2017

In today's episode, we examine one of the favorite policy recommendations of President Trump's Secretary of Education, Betsy DeVos:  the school voucher.  What is it?  Is it constitutional?  Listen and find out! We begin, however, with a Breakin' Down...Show More
OA40: Who is Neil Gorsuch, and How Scared Should You Be?

52:30 | Feb 3rd, 2017

In today's episode, we take a look at President Trump's Supreme Court nominee, Neil Gorsuch.  The main segment was recorded before the announcement and reflects our guess (correctly!) that he would be the nominee, so you'll hear some speculative lang...Show More
OA39: Trump's Muslim Ban

1:20:34 | Jan 31st, 2017

Today's episode revisits a question we tackled way back in Episode #16, namely, whether President Trump has the authority to enact his Muslim Ban. We begin with an examination of the recent CREW lawsuit seeking a declaratory judgment that President T...Show More
OA38: FLSA and Exempt Employees, Part 2

1:05:42 | Jan 27th, 2017

Today's episode is part two of our two-part series on pending changes to the Fair Labor Standards Act ("FLSA").  As we've previously mentioned, in 2016, the Obama Department of Labor promulgated new rules requiring that employees who are "exempt" fro...Show More
OA37: FLSA and Exempt Employees, Part 1

59:23 | Jan 24th, 2017

Today's episode is part one of a two-part series on pending changes to the Fair Labor Standards Act ("FLSA").  As we've previously mentioned, in 2016, the Obama Department of Labor promulgated new rules requiring that employees who are "exempt" from ...Show More
OA36: The Emoluments Clause (w/Seth Barrett Tillman) Part 2

1:16:06 | Jan 20th, 2017

Today's episode is part two of our two-part series on whether the Emoluments Clause of the Constitution applies to incoming President Donald Trump. We begin, however, with a listener question from Erik Alsman who asks whether the Supreme Court has th...Show More
OA35: The Emoluments Clause (w/Seth Barrett Tillman) Part 1

1:03:55 | Jan 17th, 2017

Today's episode is part one of a two-part series on whether the Emoluments Clause of the Constitution applies to incoming President Donald Trump. We begin, however, by addressing another Trump-related question:  Does a recent report claiming that 50+...Show More
OA34: The "Fallout" Over Copyright

1:06:00 | Jan 13th, 2017

Today's episode is a mini-masterclass on Copyright.  We begin by answering a question from listener Sue Barnum who asks if a simple list can be copyrighted. After that, we move to the main discussion over the Copyright Act and the "fair use" defense,...Show More
OA33: Interview With The Slants

1:09:34 | Jan 10th, 2017

Today's episode begins with Breakin' Down the Law in which we discuss the recently-enacted "Frank R. Wolf International Religious Freedom Act," and whether the Act constitutes a significant legal protection for atheists. During our main segment, we a...Show More
OA32: Phil Ivey's Gambling Winnings (with guest Chris Kristofco)

1:02:00 | Jan 6th, 2017

Today's episode begins with a question from Adrien Thuren about the minimum wage.  How come restaurants can seemingly pay wait staff less than minimum wage?  And if that's legal, why don't other industries don't start paying their employees less than...Show More
OA31: More on the McDonald's "Hot Coffee" Lawsuit

1:00:04 | Jan 3rd, 2017

Welcome to the first Opening Arguments of 2017, and the first episode on our new two-episode-per-week schedule.  Just a reminder:  we will be releasing these episodes on Tuesdays and Fridays every week.  More on scheduling below. Today's episode begi...Show More
OA30: Little Baby Jesus in a Manger

1:02:47 | Dec 28th, 2016

Well, it's finally here:  the last Opening Arguments of 2016.  We're looking forward to 2017 (and our amazing two-episode-per-week schedule). We begin with some announcements about Law'd Awful Movies, and then turn to Thomas Takes the Bar Exam, where...Show More
Law'd Awful Movies #1: The Firm

2:35:26 | Dec 25th, 2016

SPECIAL CHRISTMAS GIFT! This is normally for Patrons only, but we wanted to gift our non-patronizing listeners a gift and a sample of what they might be missing over at patreon.com/law!! Behold the majesty of what you are about to receive.  This is, ...Show More
OA29: Cognitive Dissonance

1:05:53 | Dec 21st, 2016

It's a two-episode week!  In this week's Wednesday episode, we are joined by Tom & Cecil of the Cognitive Dissonance podcast for a discussion about freedom of speech and whether online platforms such as Facebook and Twitter ought to be considered "pu...Show More
OA28: Abortion and Planned Parenthood v. Casey, Part 2

1:08:02 | Dec 19th, 2016

In this week’s episode, we conclude our discussion of Planned Parenthood v. Casey, 505 U.S. 833 (1992), and how the “undue burden” test the Supreme Court developed in that case continues to govern laws protecting (and restricting) abortion today. How...Show More
OA27: Abortion and Planned Parenthood v. Casey, Part 1

1:09:26 | Dec 14th, 2016

In this week’s episode, we return to the subject of abortion and pick up with a cliffhanger from way back in episode #11, where Thomas was asked how he would have handled what became the Supreme Court case of Planned Parenthood v. Casey, 505 U.S. 833...Show More
OA26: Second Amendment Masterclass, Part 2

1:43:55 | Dec 7th, 2016

This week’s super-sized episode is literally jam-packed with five all-new segments for our listeners; six if you haven’t heard both parts of the Second Amendment Masterclass already.  And make sure you stay tuned all the way to the end for our exciti...Show More
OA25: Could Jill Stein Decide the Presidency? (No.)

1:05:05 | Nov 30th, 2016

In this week’s episode, we discuss the recent efforts by Jill Stein and the Green Party to raise funds for Presidential recounts in Wisconsin, Pennsylvania, and Michigan.  Should you rush out and open your wallets to help raise funds for the Green Pa...Show More
OA24: Trump Presidency Legal Q and A, Part 2

1:04:35 | Nov 23rd, 2016

In part two of this two-part episode, we continue to address every unique listener question posted to the Opening Arguments Facebook page relating to the impending Trump presidency. So if you’re wondering whether Trump will be impeached, if Obama can...Show More
OA23: Trump Presidency Legal Q and A, Part 1

1:06:29 | Nov 16th, 2016

In part one of this two-part episode, we tackle every unique listener question posted to the Opening Arguments Facebook page relating to the impending Trump presidency. So if you’re wondering whether Trump will be impeached, if Obama can recess appoi...Show More
OA22: Libertarianism is Bad and You Should Feel Bad

1:06:14 | Nov 9th, 2016

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this week’s episode, we tackle the legal and philosophical issues underlying libertarianism.  We take on such issues as :  what is “property,” why is it a righ...Show More
OA21: Second Amendment Masterclass, Part 1

1:04:47 | Nov 3rd, 2016

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs By listener request, we are bringing you this special “deep dive” episode into the history and jurisprudence underlying the Second Amendment.  This episode was or...Show More
OA20: What Happened With Ammon Bundy? SPECIAL EDITION

1:10:00 | Nov 1st, 2016

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this special episode, we look at breaking news:  the jury verdict in United States v. Ammon Bundy et al., a federal case brought in the United States District ...Show More
OA19: Should Edward Snowden Be Pardoned?

1:01:37 | Oct 26th, 2016

PLEASE PLEASE fill out a very brief survey for us!!! https://survey.libsyn.com/openargs In this week’s episode, we look at some of the interesting details surrounding the intentional release of classified materials by Edward Snowden.  In particular, ...Show More
OA18: You Be The Supreme Court, Part 3

1:14:55 | Oct 19th, 2016

In this week’s super-sized episode, we conclude our three-part role-playing experiment “You Be The Supreme Court,” using an actual case that is currently pending before the Court:  Trinity Lutheran Church of Columbia, Inc. v. Pauley. Last time, we we...Show More
OA17: You Be The Supreme Court, Part 2

1:11:08 | Oct 12th, 2016

In this week’s episode, we return to our little role-playing experiment “You Be The Supreme Court,” using an actual case that is currently pending before the Court:  Trinity Lutheran Church of Columbia, Inc. v. Pauley. Last time, we went through the ...Show More
OA16: Dump Trump?

1:05:42 | Oct 11th, 2016

In this week’s bonus episode, we tackle the breaking legal question of whether the RNC can legally replace Donald Trump as the Republican nominee for President, and if so, what the consequences would be.  You don’t want to miss this episode! In our o...Show More
OA15: #SaveTheInternet

1:05:40 | Oct 5th, 2016

In this week’s episode, we tackle a breaking legal issue:  is Andrew’s old law school buddy Ted Cruz correct that the U.S. government just “gave away the Internet?”  (Hint:  Ted Cruz is never right about anything.)  We walk you through everything you...Show More
OA14: You Be The Supreme Court, Part 1

57:54 | Sep 28th, 2016

In this episode, we try something a little bit different.  Instead of simply analyzing a case, we let you play the role of Supreme Court Justice working your way through a difficult case that is currently pending before the Court:  Trinity Lutheran C...Show More
OA13: Hillary Clinton’s Damned Emails!

1:11:49 | Sep 26th, 2016

In this episode, we delve — at long last, and just in time for the first Presidential debate — into the question of Democratic Presidential candidate Hillary Clinton’s use of a private email server during her tenure as Secretary of State. In particul...Show More
OA12: Tax Protesters, Sovereign Citizens, and Other Wackiness

47:01 | Sep 21st, 2016

In this episode, we delve into the wacky world of tax protesters and “sovereign citizens,” people who believe that the legal world is a magical place filled with secret code words that, if invoked properly, can force the Illuminati-run courts to admi...Show More
OA11: Abortion, Roe v. Wade, and the Constitution, Part 3

58:03 | Sep 14th, 2016

In this week’s hour-length episode, we finally conclude our three-part discussion of abortion and defending the jurisprudence behind the Supreme Court’s 1973 opinion in Roe v. Wade… only to leave you with another cliffhanger and a topic for a future ...Show More
OA10: Abortion, Roe v. Wade, and the Constitution, Part 2

44:04 | Sep 7th, 2016

Our discussion of abortion continues as we walk through the Supreme Court’s opinion in Roe v. Wade and its aftermath. In our first segment, “Closed Arguments” continues with a look at whether you should call your law professor by her first name.  (No...Show More
OA9: Abortion, Roe v. Wade, and the Constitution, Part 1

44:10 | Aug 31st, 2016

In Episodes 7 and 8, we discussed a recent decision by a federal court in Missouri dismissing a lawsuit brought by the Satanic Temple challenging certain Missouri laws that arguably restrict abortion rights.  In this episode, we take a step back and ...Show More
OA8: You Won’t Have the Satanic Temple to Kick Around Any More, Part 2

49:43 | Aug 25th, 2016

In this episode, we wrap up the recent decision by the United States District Court for the Eastern District of Missouri dismissing a lawsuit brought by the Satanic Temple challenging several laws relating to getting an abortion in Missouri.  Andrew ...Show More
OA7: You Won’t Have the Satanic Temple to Kick Around Any More, Part 1

49:18 | Aug 24th, 2016

In this episode, we look at a recent lawsuit filed by the notorious Satanic Temple challenging abortion restrictions in the state of Missouri.  In the main segment, Andrew tells you how to read a Complaint, and Thomas offers advice to the Satanic Tem...Show More
OA6: The Pending NFL Apocalypse (with Chris Kristofco)

42:05 | Aug 24th, 2016

In this week’s episode, Andrew sits down in the interviewer’s chair and talks with Chris Kristofco, another real lawyer and the lead editor at Title Town Sound Off, a Green Bay Packers fan site. If you’ve been following the NFL’s investigation into a...Show More
OA5: Bush v. Gore and the 2000 Election, Part 4

38:02 | Aug 24th, 2016

Finally wrapping up their four-part discussion of the 2000 U.S. Presidential election, Andrew and Thomas follow the Gore campaign’s lawsuit as it goes to the Supreme Court.  How legitimate is Bush v. Gore?  Does it hold water?  Find out in this episo...Show More
OA4: The 2000 Election (#NeverForget), Part 3

31:51 | Aug 24th, 2016

Continuing our discussion from OA3, Andrew lays the background for the most tumultuous Presidential election in modern American history, discussing the politics, history, and the legal background that led us to Bush v. Gore. Show Notes and Links Pres...Show More
OA3: The 2000 Election (#NeverForget), Part 2

26:11 | Aug 24th, 2016

Andrew and Thomas continue their discussion of the 2000 U.S. Presidential election, moving from resurrecting long-dead jokes about “hanging chads” to explaining how the legal challenge that could determine the Presidency began in a tiny county courth...Show More
OA2: The 2000 Election (#NeverForget), Part 1

28:47 | Aug 24th, 2016

On the last episode of Atheistically Speaking with Andrew Torrez (AS259), Andrew teased us with the promise that he’d be back to discuss what really happened back in the 2000 U.S. Presidential election (and promised that it might have something to do...Show More
OA1: “The Story Begins” – Introducing the Show & Segments

36:30 | Aug 24th, 2016

In this introductory pre-episode, Thomas and Andrew talk about their backgrounds and their vision for the show.  We also preview our upcoming show segments and topics, tell you how to get in touch with us, and talk a little bit about how the show got...Show More