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Opening Arguments

Latest episodes

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Mar 6, 2024 • 37min

T3BE Week 4! Firefighters' Rule and Interstate Commerce

Thomas Takes the Bar Exam Week 4!   Thomas comes into this week on a HOT, some would say, UNBREAKABLE, streak! 5-0. So, naturally, he aced questions 6 and 7, right? You'll find out! After those answers, we get questions 8 and 9, pictured below! What the hell is the firefighters' rule? And are drycleaners interstate commerce?   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
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Mar 4, 2024 • 59min

MAGA Fascists Try To Ban Drag and Fail. Repeatedly.

Episode 1011   Here's one for everyone who enjoys stories about terrible people losing in court! Casey stops by to review Alito's complaint to America's managers about the devastating cost of marriage equality: the exclusion of anti-LGBTQ bigots from juries. Matt breaks down the total failure of state attempts to ban drag shows and why the actual First Amendment keeps winning over the one that the kinds of people who yell the most about the First Amendment seem to think that they are yelling about.   1. Thomas/Alito statement in 2020 denial of Kim Davis's cert petition (2020) 2. Alito's concurrence in denial of cert in Missouri Dept of Corrections v. Finney (2024) 3. Trial court decision in Friends of Georges v. Mulroy (TN drag show ban) 4. Trial court decision in Florida-ORL v. Griffin (FL drag show ban) 5. Trial court decision in Woodlands Pride v. Paxton (TX drag show ban) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
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Mar 1, 2024 • 57min

A Tale of Two Dons in Criminal Court

The podcast discusses a legal battle over stolen legal pads with handwritten Eagles song lyrics. They also delve into Trump's immunity claim in the Supreme Court and complex legal maneuvers in Fulton County. Additionally, they explore privilege issues, text message analysis, forensic phone record analysis, and delayed payments in a major legal case.
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Feb 28, 2024 • 30min

T3BE Week 3! Drugs and Hearsay

Thomas Takes the Bar Exam!   It's time for the answers to last week's questions, plus two more!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
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Feb 26, 2024 • 58min

Project 2025 Is Terrifying

Episode 1009    The Heritage Foundation's Project 2025 has been making headlines with its promises to set the next Republican president up with a full staff of loyal civil servants and a 920-page executive branch playbook--but what is actually in this thing, and what can we learn from it? Matt takes us through some disturbing echoes of 1933 Germany, which was a famously chill and cool time, showing us how the legal system has historically been used to turn democracies into autocracies. We learn that laws with the most boring names are often the scariest, and about the administrative violence of a well-timed memo.   1. Heritage Foundation's Mandate for Leadership (2023) 2. Presidential Personnel Database (Project 2025 job application) 3. Nazi Telegram with instructions for Kristallnacht (Nov 10, 1938)   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
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Feb 23, 2024 • 54min

Embryos Are People, My Friend

Episode 1008   Today we are serving up a tasteful pairing of radically destructive activism from one supreme court with a refreshing adherence to basic Constitutional law from another. We start in Alabama, where the state's highest court just found with no any apparent legal, factual, or moral justification whatsoever that a few hundred frozen cells are legally equivalent to a "child"--because God, probably? Unclear! We then review a recent example of the U.S. Supreme Court doing exactly what it is supposed to do: reviewing and unanimously reversing an obvious Constitutional violation, in this case one which put a man who had been acquitted on mental health grounds at risk of the death penalty.   1. Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine, P.C. 2. Ketanji Brown Jackson's decision for a unanimous court in McElrath v. Georgia, 601 U.S. ____ (2024) [PDF] 3. Free downloadable version of the Century Schoolbook typeface   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
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Feb 22, 2024 • 33min

T3BE Week 2!

Thomas Takes the Bar Exam!   It's time for the answers to last week's questions, plus two more!   If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.
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Feb 21, 2024 • 1h 11min

The Fani Willis Hearings - Your Comprehensive Guide 2

In this episode, Fani testifies in high drama courtroom proceedings. Wade's ex-partner Bradley is put on the stand, leading to dark turns. The episode delves into jury selection strategy, courtroom drama, witness credibility, and reflections on the judge's behavior.
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Feb 20, 2024 • 1h 23min

The Fani Willis Hearings - Your Comprehensive Guide

Legal drama unfolds in Fulton County Superior Court as cohabitating lawyers dissect the Fani Willis hearings, touching on disqualification risks, witness testimonies, lawyer accountability, conflicts of interest, hearsay complexities, and cross-examination tactics. The Atlanta legal scene unveils interconnected relationships, book discussions, and humorous speculations, all amidst the chaos and complexity of real-world courtroom drama.
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Feb 16, 2024 • 1h 16min

What In God's Name Is Happening In Georgia

Exploring the legal circus in Georgia, Trump's legal tour, absurd impeachment proceedings, House voting rules, and the wrath of fonts. Discussing SCOTUS cases, disqualification hearings, and the stupidest impeachment ever. Reflecting on legal immunity, courtroom dramas, Zbiotics, sponsor ads, and dissecting complex legal cases.

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