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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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2:13:43 | Aug 31st

Hey folks! We thought we'd release this LAM to everyone, because it was particularly interesting and educational. We hope you enjoy it, and maybe it will inspire some new folks to hop on over to patreon.com/law to get more fun bonus stuff like this!

1:23:53 | Aug 30th

Today's Rapid Response Friday takes a look at the recent Trump Administration memorandum "clarifying" the rules on military citizenship for children born to U.S. employees -- largely, those in the armed forces -- serving overseas. Is it as bad as you...Show More

1:12:05 | Aug 27th

Today's episode is one you've requested for a while now: revisiting perhaps America's greatest legal mind, Stormy Daniels. This time, we'll learn how the Stormy saga has gotten Hope Hicks to (almost certainly) have her lawyers lie to Congress... and ...Show More

1:21:20 | Aug 23rd

Today's Rapid Response Friday breaks down a just- released decision from the U.S. Court of Appeals for the 10th Circuit that has produced a ton of alarming media. Is that alarm warranted? (No.) What did the court actually decide, and how will it affe...Show More

1:20:54 | Aug 20th

Today's episode, sadly, reminds you of an entirely new way that you should be terrified. In a "please, tell me that Donald Trump's lawyers aren't listening to this" episode, Andrew breaks down a 1990s court decision surrounding a 1920s law to talk ab...Show More

1:20:20 | Aug 16th

Today's episode combines some very, very good news regarding young trans advocate Gavin Grimm... to some rather less good news regarding a proposed rule at the Department of Labor... to some truly bizarre news and a plea for sanity given the ever-cha...Show More

1:23:11 | Aug 13th

Audio from our live show in New York City!

1:23:58 | Aug 9th

Today's pre-LIVE SHOW episode breaks down exactly what happened with the recent news story regarding Chelsea Manning being held in contempt of court. What's going on? Listen and find out! Oh, and we also revisit Katy Perry, discuss how Thomas Was Rig...Show More

1:33:02 | Aug 6th

Today's episode checks in on the record-setting $5 billion settlement that Facebook reached with the Federal Trade Commission for, among other things, violating a prior consent order by enabling developers like Cambridge Analytica to access your data...Show More

09:07 | Aug 5th

Each week, Sean Carroll hosts conversations with some of the most interesting thinkers in the world. From neuroscientists and engineers to authors and television producers, Sean and his guests talk about the biggest ideas in science, philosophy, cult...Show More

1:13:23 | Aug 2nd

Today's episode is all about democracy -- from the Russian efforts to de-legitimize a Clinton victory in 2016 with the #DemocracyRIP hashtag and media storm to those very same tactics being employed right now in 2019. Is a new California law requirin...Show More

1:28:37 | Jul 30th

Today's episode focuses on a number of actual good developments in the news! From the second half of the Mueller testimony before the House Intelligence Committee, to a court's issuance of an injunction blocking Trump's illegal efforts to change the ...Show More

1:33:50 | Jul 24th

Today's episode drops early to give you our instant reaction to Special Counsel Robert Mueller's testimony before the House Judiciary Committee.

1:10:32 | Jul 23rd

Today's episode takes a deep dive into an 1832 decision, Worcester v. Georgia, to try and answer the question of what happens when the executive and judicial branches come into conflict. Yes, there's a lesson to be drawn to today's Supreme Court-vs.-...Show More

1:20:04 | Jul 19th

Today's episode tackles the recently-released trove of unredacted documents in the Southern District of New York in Michael Cohen's case and explains why Hope Hicks might have been ensnared by America's greatest legal mind, Stormy Daniels. Oh, and ha...Show More

1:13:24 | Jul 16th

Today's episode features a grab-bag of stories that have been making the rounds, including the recent ruling out of the Second Circuit regarding Donald Trump's use of Twitter, a setback for our buddy Brian Frosh's efforts to enforce the Emoluments Cl...Show More

1:23:16 | Jul 12th

Today's episode gives you the legal background you need to understand all of the different legal fronts in the various pending proceedings involving Jeffrey Epstein and the allegations of underage sex trafficking, including the recent criminal indict...Show More

1:04:56 | Jul 9th

Today's episode welcomes Monica Miller, counsel for the American Humanist Association, back to the show to discuss the Supreme Court's decision in American Legion v. American Humanist Ass’n (the Bladensburg cross case), and the future of church- stat...Show More

1:32:04 | Jul 5th

Today's episode reveals Andrew's plan for how to fix the Supreme Court! Oh, and while you're here, we'd love it if you would vote for us in the Podcast Awards by heading to www.podcastawards.com, clicking the blue ">> Nominations Now Open <<" box, re...Show More

1:07:59 | Jul 2nd

Today's episode revisits a narrow area of administrative law we last discussed in Episode 266, namely, Auer deference. Andrew made a bold prediction in that episode, and find out where he was wrong -- and where he was right. We also discuss the recen...Show More

1:20:50 | Jun 28th

Today's rapid response episode breaks down the latest decisions from the Roberts court, including the ostensible "win" in Dep't of Commerce v. Ross (the citizenship question case), and the crushing loss in Rucho v. Common Cause (the gerrymandering ca...Show More

1:04:38 | Jun 26th

Today's SUPER SPECIAL BONUS EPISODE tackles a bunch of issues that came up during the week that we didn't want to get buried on the whiteboard, including the Flores settlement, a deep dive into non-compete clauses, and a really good Andrew Was Right ...Show More

1:14:47 | Jun 25th

Today's episode takes a deep dive into executive privilege, evaluating the legal arguments being raised by the Trump administration asserting executive privilege over former communications director Hope Hicks and former counsel Don McGahn. Find out h...Show More

1:26:09 | Jun 21st

Today's episode breaks down the Supreme Court's opinion in U.S. v. Gamble before diving into you everything you need to know about Donald Trump's latest nominee to the federal bench, Andrew's former debate opponent Justin Walker.

1:08:38 | Jun 18th

Today's episode explains exactly what happened with the story you probably saw about how Led Zeppelin "got a new hearing" in their lawsuit with the estate of Randy California. We also break down the latest ethical wrangling over Yale law professor Am...Show More

1:27:44 | Jun 14th

Today's Rapid Response Friday covers all of the breaking developments this week, including a ruling from the Wisconsin Supreme Court, the latest news out of the House of Representatives, and the Office of Special Counsel's latest request that Donald ...Show More

55:36 | Jun 11th

Today's episode takes a deep dive into recent developments following the death of Republican operative Thomas Hofeller -- the architect of the REDMAP -- that may impact the census question case currently pending before the Supreme Court, Department o...Show More

1:10:48 | Jun 7th

Today's instant-breaking episode takes a look at the significance of Lt. Gen. Michael Flynn's decision to fire his lawyers, Andrew's buddies over at Covington & Burling. Oh, and we also take a semi- deep-dive into President Trump's decision to impose...Show More

1:02:41 | Jun 4th

Today's episode brings together three seemingly-unrelated stories: (1) understanding the looming crisis at the Pension Benefits Guarantee Corporation; (2) figuring out who Gordon Hartogensis is and why he's about to gain control over potentially hund...Show More

1:26:37 | May 31st

Today's episode breaks down the statement made this week by Robert Mueller in connection with his report and investigation. We also break down the Supreme Court's brief, two-page per curiam order in Box v. Planned Parenthood and the sprawling, nonsen...Show More

1:26:49 | May 28th

Lost in the (justifiable) concern over Secretary of Housing and Urban Development Ben Carson's apparent lack of understanding of REOs, OREO, and just about anything pertinent to his job is a recently-proposed HUD rule that would deliberately reverse ...Show More

1:13:23 | May 24th

Today's episode breaks down Judge Mehta's recent order in the Trump v. Mazars litigation, which is parallel to the Deutsche Bank lawsuit we discussed on last week's show. Why is this ruling significant, how does it accelerate the House's efforts to u...Show More

1:19:01 | May 21st

Today's episode takes an in-depth look at the recent abortion bans passed in Georgia and Alabama, breaking down exactly what these laws say (and don't say!) to help you sort through the panic from the actual news.

1:14:51 | May 17th

Today's episode breaks down everything you need to know about the pending Trump v. Deutsche Bank lawsuit over the pending Congressional subpoenas for Donald Trump's (and Don Jr.'s, and Eric's, and Ivanka's, and the Trump Organization's) financial rec...Show More

1:01:12 | May 14th

Today's episode features a long-form interview with one of our favorite recurring guests, Andrew Seidel of the Freedom From Religion Foundation. He's on to discuss his just-released book, The Founding Myth: Why Christian Nationalism is Un- American.

1:24:55 | May 10th

Today's episode breaks down everything you need to know about what's going to happen with the House Judiciary Committee's vote to recommend holding Bill Barr in contempt of Congress. Is this all going to go nowhere in a Trump-dominated executive and ...Show More

1:21:42 | May 7th

Today's episode features an in-depth analysis of Hodes & Nauser v. Schmidt, a recent decision out of the Kansas Supreme Court holding that -- whatever the U.S. Supreme Court does -- the Kansas state constitution protects a woman's right to choose. Jo...Show More

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.)

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

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

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

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

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

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!)

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

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.

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

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).

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

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.

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

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

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.

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

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.

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

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!

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.

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!

1:05:40 | Feb 19th

Full-length interview with AG of Mueller She Wrote

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

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

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

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

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.

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

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

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.

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

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.

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

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.

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

1:21:19 | Jan 4th

An in-depth examination of PG&E's potential criminal and civil liability for the California wildfires and more.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

1:18:56 | Nov 2nd, 2018

Returning to the Summer Zervos and Pennsylvania gerrymandering cases with some good news & much, much more!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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