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Opening Arguments

Latest episodes

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Feb 10, 2025 • 44min

How the Insurrectionist Might Use the Insurrection Act to Go After Non-insurrectionists

The discussion uncovers how the Insurrection Act could be misused by insurrectionists against ordinary citizens. It delves into the complex relationship between Congress and the President when invoking military force on U.S. soil. Historical precedents, including labor strikes and civil unrest, highlight the delicate balance of power. The hosts also examine the implications of militarizing the U.S.-Mexico border, raising concerns about political motivations and civil liberties. Overall, it’s a deep dive into safeguarding democracy in turbulent times.
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8 snips
Feb 7, 2025 • 55min

It's Only Been 18 Days, But That's An Eternity in DOGE Years

In the midst of a political upheaval, they tackle the alarming influence of a billionaire over federal agencies. Discussions reveal how this power grab echoes historical events in Hungary. Legal challenges surrounding the treatment of transgender prisoners in federal custody raise critical human rights questions. The hosts dissect recent firings disrupting accountability in government, while celebrating a significant legal win against extremism. A whirlwind of chaos, ethics, and governance unfolds, making this a must-listen for those following current events.
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Feb 5, 2025 • 1h 27min

The Pro-vaccine Republican Doctor Who Just Just Gave His Vote to RFK, Jr.

Robert F. Kennedy Jr. is a prominent figure at the center of heated debates on vaccines and public health, while Bill Cassidy, a pro-vaccine Republican Senator and doctor, shares his critical vote on RFK Jr.'s confirmation. They dive into the complexities of vaccine policy in today's polarized environment, tackle Lyme disease claims, and discuss misinformation surrounding vaccinations and autism. Cassidy’s journey highlights a struggle for rational discourse and public trust in health amidst rising conspiracy theories.
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6 snips
Feb 3, 2025 • 2h 24min

Rudy Giuliani and the Possibly the Worst Legal Document Ever Filed

Liz Skeen, a superstar public defender and former civil litigator, joins the discussion to dissect Rudy Giuliani's disastrous legal documents, highlighting their absurdity. They explore the implications of his poorly crafted filings and the qualifications of the legal team handling them. Skeen shares her insights on the ethical dilemmas in the legal profession while they humorously critique the convoluted language that obscures intent. The duo navigates the bizarre political and legal landscape surrounding Giuliani's ongoing challenges, revealing both the hilarity and gravity of the situation.
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Jan 31, 2025 • 55min

People Are Fighting Back Against Trump’s Fascist Agenda in the Courts, and They’re Already Winning

Brought to you by Trade Coffee! Get up to 3 bags free with any new Trade subscription at drinktrade.com/OA OA1119 - Trump's executive orders are bad for humanity--and just plain badly written. We survey some of the 20 major legal challenges which have been filed against this nonsense--including two early wins, and a few others which might be wins soon. Matt then explains a recent proposed Trump enforcement tactic with concerning new potential for integration of local and federal authorities with immigration enforcement which the media seems to have missed. In related news, Trump has announced that a little-known section of the US military base at Guantanamo Bay will be used to house up to 30,000 immigrants facing deportation. We consider the history and legal issues around this far-from unprecedented plan. Finally, our closing Bigfootnote takes a closer look at a rare intersection between cryptozoology and the law. OMB memo dated 1/27/25 “Influx of aliens” memo “Offshoring Human Rights,” International Refugee Assistance Project (Fall 2024) Trump Litigation Tracker, Just Security (2025) Bigfoot-Ordinance-69-01.pdf (Skamani County)   Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!
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Jan 29, 2025 • 1h 10min

Key Figure Behind Project 2025 Lies His Way Through Confirmation

Heather Varanini, a legal expert known for her incisive insights, joins to dissect Russell Vought's troubling confirmation hearing and his pivotal role in Project 2025. They discuss the serious ethical implications of Vought's potential influence on conservative policies, the consequences of proposed budget cuts affecting the Department of Education and FBI, and the need for greater accountability in government. Varanini also shares valuable lessons on contract law and the complexities of legal compliance, all sprinkled with humor and engaging narratives.
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10 snips
Jan 27, 2025 • 57min

The Vacancies Act - How Trump Has Used and Abused It, and Might Again

In this engaging discussion, Stanford Law professor Anne Joseph O’Connell, an expert on the Federal Vacancies Reform Act, unpacks the nuances of presidential power and accountability, particularly during Trump’s presidency. O’Connell reveals how the Act was potentially circumvented to appoint acting heads without Senate confirmation. She shares insights from her own experience in government, the implications of 'acting' appointments on national policy, and memorable moments clerking for Ruth Bader Ginsburg, blending legal expertise with personal anecdotes.
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7 snips
Jan 24, 2025 • 47min

Triaging All the Horrible

Delayed reactions to Trump's presidency lead to a deep dive into ICE enforcement tactics and their impact on immigrant communities. A significant Supreme Court decision on TikTok raises eyebrows about free speech and tech regulation. There's a critical discussion on the ethical implications of Trump's cryptocurrency ventures amidst government overreach. Finally, the judiciary's role in preserving factual narratives is underscored, particularly in the wake of recent political turmoil and events surrounding January 6th.
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12 snips
Jan 22, 2025 • 53min

Trump's Executive Orders Are All Absurd and Horrible. But Which of them Actually Matter?

Matt Cameron, a legal analyst, dives deep into Donald Trump's executive orders and their implications. He discusses the absurdity of some proposals while highlighting the serious legal threats they pose. Key topics include the potential impacts on immigration and civil rights, particularly around birthright citizenship. Cameron scrutinizes the militarization of the Southern border, critiques divisive policies, and emphasizes the need for community resistance. Tune in for a fascinating look at the political landscape shaped by these executive actions.
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10 snips
Jan 20, 2025 • 1h 2min

We (Disrespectfully) Dissent.

Sonia Sotomayor, Associate Justice of the Supreme Court, renowned for her compelling dissents, joins Martin Luther King, Jr., the legendary civil rights leader. They engage in a thought-provoking discussion on the necessity of dissent amid political turmoil. Sotomayor shares insights from her impassioned dissent regarding presidential immunity, while King emphasizes the need for a 'revolution of values' to confront moral injustices. Their powerful exchange inspires listeners to actively participate in shaping a more equitable future.

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