Opening Arguments

Opening Arguments Media LLC

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!

  1. 3 uur geleden

    Trump Is Once Again Trying to Change the Law With Memos

    OA1276 - Who could have predicted this? Us! The Trump administration has made their complete disdain for people with disabilities clear since day one. We’ve called it out before, and the natural progression of those efforts came to a head mid-June when they announced their intention to turn over governance of special education to RFK Jr in HHS (least trusted man in America when it comes to the needs of your child with a disability), continue dismantling the Department of Education overall, further reduce their investigations of educational discrimination, and, just two days later, their commitment to overturning major protections against forced institutionalization. What’s happening, how did we get here, why does it matter, and what can anyone do about it? Tune in to find out. OA episode callbacks: 1238 Deep dive on Olmstead 1180 the history of forced institutionalization and “ugly laws”, and the executive order “Ending crime and disorder on America’s streets” 1141 The Section 504 protests 1171 A.J.T. v Osseo area schools (rights to accommodations for students with disabilities) Part 1; attempted dismantling of Olmstead: Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999) 28 C.F.R. § 35.130(d) Exec. Order No. 14321, 90 Fed. Reg. 35817 (Jul 24, 2025) Application of the Rehabilitation Act and Americans with Disabilities Act to State Institutionalization of Patients with Severe Mental Illness or Disabilities, 50 Op. O.L.C. __ (June 18, 2026) Part 2; the dismantling of the Department of Education: Exec. Order No. 14242, 90 Fed. Reg. 13679 (Mar. 20, 2025) Compl., State of New York v. McMahon, No. 1:25-cv-10601 (D. Mass. amended 01/09/2026) McMahon v. New York, 606 U.S. ___ (2025) Interagency Agreement Between the U.S. Department of Education and U.S. Department of Labor Relating to the Office of Elementary and Secondary Education (OESE) (plus addendums) Christy Wolfe (Dec. 16, 2025), Transferring K-12 Programs to Labor: Why Costs and Logistics Could Be a Problem for States and Schools, Bipartisan Policy Center Jennifer Smith Richards & Jodi S. Cohen (Mar. 2, 2026), ProPublica Sues Education Department for Withholding Records About Discrimination in Schools, ProPublica. U.S. Government Accountability Office (Feb. 2, 2026), Department of Education: Full Costs and Savings Estimate Needed for Reduction-in-Force and Restructuring of the Office for Civil Rights. U.S. Dept. of Education (June 16, 2026). U.S. Department of Education Announces Additional Partnerships to Strengthen Coordination for Individuals with Disabilities Programs, Bolster Civil Rights Enforcement. A.J.T. v. Osseo Area Schools, Independent School Dist. No. 279, 605 U.S. 335 (2025) Section 504 of the Rehabilitation Act of 1973: 29 U.S.C. § 794 Individuals with Disabilities Education Act: 20 U.S.C. § 1400-1409 Check out the OA Linktree for all the places to go and things to do!

    53 min.
  2. 3 dgn geleden

    Matt's Complete Supreme Court Term Recap

    OA1275 - As June ends and another Supreme Court Season wraps, it is time to look back and survey the damage: significant blows to voting and trans rights, harder times for immigrants throughout the system, and a vast expansion of executive powers. But we also go beyond the headlines to see what has been going on with some of the Court’s more routine business. What can we learn from their more mundane 9-0 decisions--and can we actually find some good news here among the wreckage? Matt does his best. Finally, in today’s seasonal footnote: why the world believed for exactly five minutes that Samuel Alito had closed Supreme Court Season by announcing his retirement on Tuesday, and what we can learn from this weird mistake about how mainstream media covers the Supreme Court. Executive Power / Immigration Trump v. Barbara — 25-365 (June 30, 2026)(birthright citizenship) Learning Resources v. Trump — 24-1287  (Feb. 20, 2026) (IEEPA tariffs) Trump v. Cook — 25A312 (June 29, 2026) (Fed removal) Trump v. Slaughter — 25-332 (June 29, 2026) (FTC removal) Mullin v. Doe — 25-1083 (June 25, 2026) (TPS) Mullin v. Al Otro Lado — 25-5 (June 25, 2026) (asylum at the border) Blanche v. Lau — 25-429 (June 23, 2026)(LPRs at the border) Urias-Orellana v. Bondi — 24-777 (Mar. 4, 2026) (asylum standard of review) Criminal Law Barrett v. United States — 24-5774 (Jan. 14, 2026) (§924(c)/(j) stacking) Bowe v. United States — 24-5438 (Jan. 9, 2026) (successive §2255 petitions) Ellingburg v. United States — 24-482 (Jan. 20, 2026) (restitution / Ex Post Facto) Chatrie v. United States — 25-112 (June 29, 2026) (geofence / 4A) United States v. Hemani — 24-1234 (June 18, 2026) (cannabis & 2A rights) Hunter v. United States — 24-1063 (June 18, 2026) (appeal waivers) Pitchford v. Cain — 24-7351 (May 28, 2026) (Batson / AEDPA challenge) Olivier v. City of Brandon — 24-993 (Mar. 20, 2026) — (§1983 rights with prior conviction) Case v. Montana — 24-624 (Jan. 14, 2026) (emergency-aid / 4A) Villarreal v. Texas — 24-557 (Feb. 25, 2026) (counsel during recess) Clark v. Sweeney — 25-52 (Nov. 14, 2025) (habeas / new-trial reversal) Civil/Voting Rights Landor v. Louisiana DOC — 23-1197 (June 23, 2026) (RLUIPA damages)  Louisiana v. Callais — 24-109 (Apr. 29, 2026) (Voting Rights Act §2) West Virginia v. B.P.J. — 24-43 (June 30, 2026) (trans student athletes) Wolford v. Lopez — 24-1046 (June 25, 2026) (2A concealed carry) Chiles v. Salazar — 24-539 (Mar. 31, 2026) (conversion therapy) NRSC v. FEC — 24-621 (June 30, 2026) (1A / campaign finance) Procedural Issues Enbridge Energy v. Nessel — 24-783 (Apr. 22, 2026) (removal deadline)  Coney Island Auto Parts v. Burton — 24-808 (Jan. 20, 2026) (Rule 60(b)(4) finality) Other SCOTUSblog Stat Pack (2025-2026)[PDF] “NPR retracts story about Alito retirement,” Kelly McBride, NPR (June 30, 2026) Check out the OA Linktree for all the places to go and things to do!

    57 min.
  3. 26 jun

    Prairieland - 30 Years for Moving Magazines. These Are Real Human Lives, Ruined.

    OA1273 - On June 23, 2026, eight people were sentenced in DOJ’s first so-called “Antifa” terrorism prosecution by federal judge Reed O’Connor in the Northern District of Texas to a combined 450 years in federal prison for their participation in a protest held at the Prarieland ICE detention facility on July 4th, 2025. Six of these defendants were charged with what amounted to being present at (or in the vicinity of) the protest, and one who wasn’t even there received 30 years for moving a box of First Amendment-protected publications. In this continuing coverage of one of the most unjust criminal prosecutions of the second Trump administration, Matt goes deep on the government’s case to show just how shoddy the “material support for terrorism” charges really were, and how DOJ used a few text messages, some consumer fireworks shot off on the 4th of July far from any people or property, and $4805.95 in property damage to engineer sentencing enhancements which virtually guaranteed that these protesters would receive harsher punishments than many defendants in the federal system charged with far more serious offenses. What does all of this mean for the future of dissent in the U.S., especially given the national security memo which promised heightened investigation and prosecution of “anti-Americanism, anti-capitalism, [ ]anti-Christianity… and hostility towards those who hold traditional American views on family, religion, and morality” after the assassination of Charlie Kirk? Then in today’s footnote: An Arizona appeals court takes on one man’s truly contemptible email address. OA 1252: “Peaceful Protestors Are Facing Decades in Prison - Inside the Prairieland Trial” (OA interview with Defense Committee member and attorney Xavier de Janon) 18 U.S.C. § 2339A (“Material support” statute)  Full docket in U.S. v. Arnold et al — CourtListener Meet the Defendants (Prairieland Support Committee website) First Superseding Indictment Second Superseding Indictment Jury Verdict Benjamin Song — Rule 29 Motion Maricela Rueda — Rule 29/33 Motion  Benjamin “Champagne” Song’s statement at sentencing (6/23/2026) Defense court-documents hub Commans v. Dunbar, Arizona Court of Appeals #CA-CV 25-0256 (2/6/2026) Check out the OA Linktree for all the places to go and things to do!

    58 min.
  4. 19 jun

    He's Literally the Worst Dealmaker Ever. EVER.

    OA1271 - The single stupidest war of choice the U.S. has ever gotten itself into may finally be coming to an end--or at least the concept of a plan for an end? We go beyond the headlines to see what is actually in this thing, and take on some of the most interesting legal questions raised here. How could this possibly bind Israel, a country which specifically refused to be a party to it? How is the U.S. promising a $300 billion investment which hasn’t been authorized by Congress? And how much power does the President of the United States really have to end Congressional and international sanctions? We then take a quick look at how DHS’s  surveillance state is coming along before going deeper on the recent denial of Judge Hannah Dugan’s final effort to vacate her conviction for allegedly obstructing an ICE arrest in her Wisconsin courtroom before sentencing. Finally, a quick hoofnote: is it really possible to accidentally purchase 80,000 pounds of live cattle? Matt reveals the truth behind this week’s funniest legal meme. Full text of U.S./Iran agreement signed June 18, 2026 “Missing children: Mullin describes 'horrific’ migrant child smuggling scheme under Biden admin,”News 3 Las Vegas on YouTube (6/12/2026) Management Alert - ICE Cannot Monitor All Unaccompanied Migrant Children Released from DHS and U.S. Department of Health and Human Services' Custody, Department of Homeland Security Office of the Inspector General (8/19/2024) “Has the US government found 145,000 ‘lost’ migrant children? Fact-checking Kristi Noem,” Politifact via the Minnesota Reformer (3/9/2026) ICE agent calls legal observer 'domestic terrorist', Ken Klippenstein via Breakthrough News on YouTube (1/24/2026) 'There is no database for protestors,' acting ICE director tells Congress, PBS NewsHour on YouTube (2/10/2026) Acting ICE director Todd Lyons’ response to a letter from Congressman Maxwell Frost (D-FL), accessed through NPR (4/21/2026) Mission Creep: AI Surveillance at DHS Crosses Dangerous Line Into Tracking Americans, American Immigration Council (2/6/2026) Declaration of Nicole Cleland in Tincher v. Noem, Minnesota District Court (1/21/2026) “ICE has spun a massive surveillance web. We talked to people caught in it,” NPR (3/5/2026) Decision and Order in United States of America v. Dugan, Eastern District of Wisconsin (6/16/2026) “Livestock,” CME Group (standard settlement procedures) Check out the OA Linktree for all the places to go and things to do!

    54 min.

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Info

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!

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