

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!
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!
Episodes
Mentioned books

6 snips
Jun 6, 2025 • 56min
Three Unanimous Supreme Court Decisions, and Why They Sound Bad But Aren't Really
 The discussion kicks off with a lively analysis of unanimous Supreme Court decisions that, while initially alarming, reveal intricate legal positives. Key rulings on gun manufacturer lawsuits and expanded tax exemptions for religious nonprofits are explored with humor and depth. Immigration enforcement issues are highlighted, revealing a chaotic landscape with serious implications. Additionally, the implications of reverse discrimination cases and the intersection of LGBTQ rights with employment law are examined, leaving listeners with much to ponder on these complex topics. 

Jun 5, 2025 • 51min
Adverse Possession Is 9/10ths of the Law
 T3BE72 If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org. 

8 snips
Jun 3, 2025 • 56min
75% of Exonerated Women Were Convicted of Crimes That Didn't Even Happen (!)
 Valena Beety, a law professor at Indiana University and co-founder of the Indiana Innocence Project, discusses wrongful convictions of women, revealing shocking statistics—75% of exonerated females were convicted of crimes that never happened. She delves into systemic issues fueling these injustices, such as gender and ableism, and highlights tragic cases like Christine Bunch. The conversation emphasizes the need for accountability in the legal system and calls for re-evaluation of flawed evidence and biases that lead to wrongful accusations. 

May 30, 2025 • 1h 1min
Courts Handed Trump Some Huge Losses This Week
 OA1162 - It’s all good news from our favorite branch of government today! We review recent judicial wins in everything from illegal deportations to tariffs to the Trump administration’s wars on international students,  private law firms, and common-sense understandings of the expression “foreign policy.” Plus, Matt shares a footnote from the front lines of Trump’s mass deportation efforts to explain why an immigration judge 2000 miles away just left him an angry voicemail.   MA District Court judge Brian Murphy’s preliminary injunction in DVD v. DHS (4/18/25)   Judge Murphy’s denial of DHS’s motion to reconsider (5/26/25)   Order to return O.C.G. to Guatemala (5/23/25)   Judge Michael Fabiarz’s order on Mahmoud Khalil’s habeas claim (5/28/25)   VOS v. USA decision from the Court of International Trade (5/28/25)    DC Circuit judge Tanya Chutkan’s decision in New Mexico v. Musk (5/27/2025)   Judge Richard Leon’s order in Wilmer Hale’s challenge to Trump EO (5/27/25)   

May 29, 2025 • 50min
You're a...... CROOK Captain Hook
 T3BE71 If you'd like to play along with T3BE, here's what to do: hop on Bluesky, follow Openargs, find the post that has this episode, and quote it with your answer! Or, go to our Subreddit and look for the appropriate T3BE posting. Or best of all, become a patron at patreon.com/law and play there! Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org. 

May 27, 2025 • 50min
The Battle Over Cop City
 OA1161 - Micah Herskind is an activist, Harvard law student, and most recently a co-editor of the essay collection No Cop City, No Cop World with Mariah Parker and Kamau Franklin. We welcome Micah on to discuss his experience with Atlanta’s Stop Cop City movement and the lessons which activists and advocates around the US can learn from it in these times of mass dissent in the face of American authoritarianism.    No Cop City, No Cop World, ed. Micah Herskind, Mariah Parker, & Kamau Franklin (2025)   Cop City RICO Indictment, Fulton County Superior Court (8/29/2023)   “The Tools of Repression,” Hanah Riley & Micah Herskind, Inquest (4/24/25)   The Free Speech Forest Fund   Check out the OA Linktree for all the places to go and things to do! This content is CAN credentialed, which means you can report instances of harassment, abuse, or other harm on their hotline at (617) 249-4255, or on their website at creatoraccountabilitynetwork.org. 

5 snips
May 23, 2025 • 1h 4min
A 'Pay What You Can' Law Practice? Prosecutors Say That Encourages Crime.
 Sheryl Weikal, an Illinois trial lawyer and author of 'I Was an Abomination,' discusses her groundbreaking 'name-your-own-price' legal practice aimed at helping marginalized communities. She shares personal experiences of discrimination faced as a transgender lawyer and the systemic challenges within the legal profession. The conversation delves into the unequal access to public defense and legal representation, highlighting the need for reform and resilience amid adversity. Sheryl's inspiring journey is a testament to the fight for justice and dignity. 

May 22, 2025 • 43min
Can a Priest Rat You Out?
 The hosts kick off with some lighthearted banter, reminiscing about their bar exam struggles. They dive into the complexities of vicarious liability in drunk driving cases and the nuances of dram shop laws. Humor flows freely as they dissect legal responsibilities for bars and the confusing concept of 'detours and frolics.' A fascinating discussion on clergy penitent privilege reveals when confidential conversations can be compelled in court. The episode wraps up with personal anecdotes and community engagement, blending humor with serious legal insights. 

May 20, 2025 • 54min
It Took Years, but Guatemala Held a Brutal Dictator Accountable. What Can We Learn?
 Rachel López, a Temple Law Professor dedicated to uncovering human rights abuses in Guatemala, dives into her crucial role in preserving court records from the Guatemalan Civil War. She discusses the significance of transitional justice and lessons for future accountability efforts. López shares her unique journey into academia fueled by passion for human rights and reflects on the geopolitical influences complicating justice. Her work aims to spotlight historical atrocities, particularly during a brutal dictatorship, and emphasizes the necessity of accessible legal documentation for justice. 

9 snips
May 16, 2025 • 59min
The Birthright Citizenship Case Is Actually Something Differently Terrible
 Tune in for a lively discussion on the complexities of birthright citizenship amid recent Supreme Court arguments. The hosts tackle the implications of a potential executive order and the mischaracterization of the case. They delve into the practicalities of dealing with ICE and protecting personal rights, while riffing on libertarian views with humor. The conversation also dives into the outrageous world of fast food advertising, exposing the gap between marketing and reality. Expect a blend of legal insights and light-hearted banter throughout! 


