Opening Arguments Media LLC

Opening Arguments

News EN ↓ 1303 episodes

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!

Be sure to visit the podcast's website and support the creator: openargs.com

Author

Opening Arguments Media LLC

Category

News

Podcast website

openargs.com

Latest episode

Oct 26, 2026

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Episodes

OA489: Transformers and Intellectual Property 11.05.2021

Andrew is giggling like a school child right now as we present the deep-dive you didn't know you needed! It's transform...ing robots (not quite Transformers) and some really intricate IP law! It also involves Italian Trump! Before that, we have a correction on trademarking numbers, and some mini-dive into an Ugg lawsuit! Links: Ugg Lawsuit final order , 15 US Code § 1117 - Recovery for violation o...

OA488: A New Trial for Chauvin? 07.05.2021

You may have seen some alarming headlines about Chauvin's lawyers asking for a new trial over a juror being at a BLM rally, but do those alarming headlines hold up? Should we be concerned? Andrew has the full breakdown! Before that, we tackle a very interesting component of the census called the "differential privacy" method, and why it's the subject of a new lawsuit.

OA487: How To Overturn Citizens United 04.05.2021

All-star Senator Sheldon Whitehouse is at it again! In a Judiciary subcommittee meeting, Whitehouse laid out the groundwork for how a future Supreme Court could overturn Citizens United and Shelby County v. Holder. These are two atrocious decisions that would make even the Andrewest judge lament stare decisis, but today's episode explains how a court could overturn them without doing damage to cou...

OA486: Apportionment Might NOT Be Final 30.04.2021

You all probably heard by now that NY lost a House seat by 89 people... But did they? Andrew argues that this has been misreported. Find out why! Along the way, find out way more than you ever wanted to about the math and Al Gore Rhythms behind apportionment! Also, Rudy Giuliani had some things taken in what shouldn't be called a "raid." Couldn't' have happened to a nicer obvious criminal! Then we...

OA485: What If Your Client Tells You They're Guilty? 27.04.2021

... and other great questions from listeners! We get so many intelligent, thoughtful questions from our amazing listeners and patrons that we decided to do a show about it! Today's episode features 3 listener questions. First, what happens if your client tells you they're guilty? Next, a union leader asks if Janus v. AFSCME completely disregarded Garcetti v. Ceballos ? Finally, can electors report...

OA484: Chauvin Guilty! What To Expect Next 23.04.2021

It's good news! Chauvin was found guilty on all 3 counts! Andrew breaks down what to expect with sentencing, and a number of interesting legal quirks along the way. Also, should we be worried about an appeal? What about the Maxine Waters comments? Find out! Links: State v. Martin , 211 N.W.2d 765 (Minn. 1973) , MINNESOTA SENTENCING GUIDELINES , Minn. Sentencing Guidelines and Commentary, Sentencin...

OA483: SCOTUS Grants Absurd Privilege to Churches in New Ruling 20.04.2021

Andrew Seidel of the FFRF joins us to discuss the absolutely terrible SCOTUS decision in Tandon v. Newsom . As you might expect, it's a complete disgrace that further enshrines Christian Privilege into law, in total contradiction of Church State Separation.

OA482: Justice for Daunte Wright 16.04.2021

Officer Kim Potter was charged with 2nd Degree Manslaughter in the killing of Daunte Wright. She claims she meant to fire her taser. Could she face more serious charges? Then, Andrew breaks down Maryland's Police Reform Bill. It's pretty good stuff, so naturally Democrats had to override the Republican Governor's veto. And finally, we've got a wildcard in which Sydney Powell responds to charges of...

OA481: Sanctions Motion Obliterates Sidney Powell 13.04.2021

Governor Tony Evers is not messing around when it comes to Sidney Powell's evidence-free conspiracy nonsense. He has filed a motion for sanctions that just demolishes Powell for being a total hack, liar, and terrible lawyer. It's magnificent, and Andrew breaks it down for us! After that, we've got some follow up on Uzuegbunam v Preczewski (the one where Andrew sided with John Roberts.) Was Andrew...

OA480: Why Both Sides of the Chauvin Trial Cite Graham v. Connor 09.04.2021

Today's show has everything you want from an OA episode! We start with some follow-up on the Originalism episodes. Second is a fascinating mini dive into Graham v. Connor and why both the defense and the prosecution of the Derek Chauvin Trial are citing it. Finally, we squeeze in an amazing wildcard segment about Jordan Peterson being Red Skull in the new Captain America comics!

OA479: No, Judges Should NOT Be Originalists, Part 2 06.04.2021

A recent episode of the Rationally Speaking Podcast featured Originalist Law professor William Baude arguing for why judges should be originalist. Needless to say, it was not a good case and strawman arguments abounded. Andrew is here to give us part 2 of the deep-dive that will set the record straight on why originalism is still bad.

OA478: Why Biden's Judicial Picks Are Hardball 02.04.2021

If you're looking for evidence that Joe Biden is ready and willing to play hardball and not give a shirt about Republican votes, his first batch of judicial nominees are a great example. Andrew breaks down for us why they signal that he isn't messing around! Before that, we discuss the 9th circuit decision Young v. Hawaii about open carry. Links: Memorandum on International Transgender Day of Visi...

OA477: No, Judges Should NOT Be Originalists 30.03.2021

A recent episode of the Rationally Speaking Podcast featured Originalist Law professor William Baude arguing for why judges should be originalist. Needless to say, it was not a good case and strawman arguments abounded. Andrew is here to give us part 1 of the deep-dive that will set the record straight on why originalism is still bad. Then we've got Ace Associate Morgan Stringer on for some pop-la...

OA476: Sidney Powell's Defense Is Even Worse Than You Think 26.03.2021

Sidney Powell's response to the Dominion Defamation suit is too batshirt to miss! Andrew brings us the full breakdown. Also, a jury has been selected in the Derek Chauvin trial so we've got some updates there. And finally, Andrew explains the gun control bills that have passed congress. Links: Dominion response to Powell motion to extend time , Dominion complaint , Powell motion to dismiss , Minn....

OA475: Citibank's $900 Million Oopsie 23.03.2021

It's a no takesies backsies deep dive! We all know the law is pretty reasonable and there's no way you get to keep millions of dollars that a bank wires you by accident, right? Wellllllll ordinarily yes, but sometimes no! Andrew's got the full breakdown on Citibank's big oopsie. Before that, we talk about Alan Dershowitz's (s)hit new podcast and how he's lying about the My Pillow guy. Links: OA198...

OA474: FBI "Faked" Kavanaugh Investigation?! 19.03.2021

Remember sniveling weasel Brett Kavanaugh and the serious allegations against him by Dr. Ford and how he was "cleared" by an FBI investigation into the matter? Well according to Sheldon Whitehouse, that investigation might have been not just inadequate but perhaps FAKE. In our main story, Andrew breaks down the Ohio lawsuit attempting to block the American Rescue Plan. It involves a deep dive into...

OA473: In Praise of John Roberts and Joe Manchin?! 16.03.2021

You read that right, and no it's not opposite day! At least... I don't think it is. Anyway, Manchin has said some things about the filibuster that are incredibly encouraging! We've got the full breakdown and a mini filibuster dive for you. Then in our main segment, Andrew breaks down a decision in which Roberts dissented from the entire court... and in Andrew's opinion, he has it right! Links: Bro...

OA472: The American Rescue Plan - You Made This Happen! 12.03.2021

It's here! The 1.9 trillion dollar package is officially passed! If you are one of the many listeners who donated time or money to getting Democrats to 50 seats, you truly did make this happen. Andrew did all the reading so you don't have to! He breaks down what's in this incredibly progressive plan. Before that, we respond to lots of people asking "Didn't Republicans fire the parliamentarian in 2...

OA471: Republican Lawyer Shouts Quiet Part on Voting Rights 09.03.2021

At oral arguments before the Supreme Court, a lawyer for Republicans admitted that eliminating voting restrictions would put Republicans at a 'competitive disadvantage.' Will this startling admission jeopardize the case for Republicans? Find out! Before that, we cover some good news and bad news. Bad first - the Texas EO on masking is worse than you thought. Good news - HR1 the Equality Act is ama...

OA470: Can Harris Just Overrule the Parliamentarian? 05.03.2021

Leftist publications like Jacobin have been excoriating the Biden administration, and specifically VP Harris, for not simply overruling the Senate Parliamentarian to force the $15 minimum wage through. They argue this is something Republicans definitely would do if the situation were reversed. So... is all that true? Andrew is here to break it down for us! Links: The Hill Cruz: Let's overrule Sena...

OA469: The Batshirt Crazy 'Latinos for Trump' Lawsuit 02.03.2021

Hooooo boy, have we got some legal craziness for you fine listeners! Disgraced lawyer who Instagramed his participation in an insurrection has filed a lawsuit that is essentially Latinos for Trump and a few other groups v. EVERYONE. Andrew had way too much fun diving into it! Before that, we have quite the deep-dive on hearsay related to a recent T3BE question. Turns out you can't kill witnesses t...

OA468: SCOTUS News! Trump's Taxes, Affirmative Action, and Title X 26.02.2021

Normally we're bracing ourselves every time there's SCOTUS news, but this time there's actually some good! Cy Vance HAS TRUMP'S TAX RETURNS. Ok that's pretty much the end of the unambiguously good news. But listen in as Andrew gives us the expert analysis on the anti-affirmative action case and the Title X case! Before that, we talk about what elections actually would have looked like under Lessig...

OA467: Demolishing the Electoral College, with Lawrence Lessig 23.02.2021

Harvard Law Professor and activist Lawrence Lessig joins us to talk about his ongoing efforts to get rid of the Electoral College. It's a war being fought on multiple fronts, but Professor Lessig's current effort is to force states to assign delegates proportionally. The all or nothing system we have now is not actually written into the Constitution. Listen in for the full breakdown! Links: Rodrig...

OA466: Opening Arguments Blocked in Australia?! 19.02.2021

Why is the OA Facebook page blocked in Australia? Well, it's not just us, it's every news page! We've got the deep dive into why Facebook is blocking us and why Google isn't, even though they were targeted by the same law. Before that, we take a look at a truly terrible bill out of South Carolina that is going to be model legislation in a post-Roe America. It's every bit as anti-choice as you thin...

OA465: The Fight to Unionize at Amazon 16.02.2021

Today's show is a fascinating deep-dive into one Amazon facility's efforts to unionize, and the implications it has on the entire company! After that, we have an update on the Senate power sharing agreement. Committee assignments galore! Links: Amazon workers begin voting in landmark US union push , Amazon Workers in Delaware Reject Union Effort , Amazon has avoided unions for 25 years , Amazon 18...

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