Opening Arguments Media LLC

Opening Arguments

News EN ↓ 1258 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!

Author

Opening Arguments Media LLC

Category

News

Podcast website

openargs.com

Latest episode

Jul 10, 2026

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Episodes

OA398: The SCOTUS Asylum Ruling, Explained 26.06.2020

Plus, Andrew breaks down (or has a breakdown over) the viral photo of a card that purportedly allows the holder to enter any business without wearing a mask. Is it real or... really stupid? Then we take a deep dive into DHS. v. Thuraissigiam, the asylum case recently decided by the Supreme Court.

OA397: Explaining Bostock v. Clayton County 23.06.2020

This episode breaks down exactly what happened in the Supreme Court's surprising 6-3 decision in Bostock v. Clayton County holding that discrimination on the basis of sexual orientation and/or gender identity is discrimination "because of sex" under Title VII of the Civil Rights Act of 1964. It's a great decision, we tell you why, and we give you some additional insights about Neil Gorsuch. We beg...

OA396.5 BONUS Episode: Will You Be Able To Read John Bolton's Book? 20.06.2020

Today's bonus episode takes a deep dive into the lawsuit brought by the Trump Administration to try and block the publication of John Bolton's tell-all book. We break down the legal arguments and tell you whether you can look forward to getting that copy you ordered or not. (And seriously, you shouldn't give money to John Bolton. He's still a scumbag.) We begin, however, with a quick Andrew Was Ri...

OA396: Happy Juneteenth from the Supreme Court! 19.06.2020

Today's episode might have been titled "Andrew Was Really, Really Wrong," as we break down this rather surprising week in the Supreme Court, including the Title VII cases, the Court's refusal to grant cert on any gun case, and the DACA decision. We begin with a quick Happy Juneteenth! From there, we tackle the ways in which Andrew Was Wrong, starting with the Court's decision in Bostock v. Clayton...

OA395: The Andrew Was Already Wrong Show! 16.06.2020

Today's show takes a deep dive into the Supreme Court, with the theme of "Shame Justice Roberts," and we recorded this... just before Justice Roberts (and, surprisingly, Neil Gorsuch) voted to affirm in the Zarda cases, recognizing that Title VII of the Civil Rights Act of 1964's prohibition "on the basis of sex" includes sexual orientation. Andrew was (happily) wrong indeed. We begin, however, wi...

OA394: The Amicus Show! 12.06.2020

Today's episode takes an in-depth look at the concept of an amicu s brief, explaining why we filed one in the Flynn case, what it means, and what's next for the guy who sold out his country... and his partner. We begin with a brief update on the Flynn trial (in the District Court for the District of Columbia) and the mandamus action pending in the U.S. Court of Appeals for the D.C. Circuit. Then,...

OA393: Gabe Roth of Fix the Court 09.06.2020

Today we're joined by Gabe Roth, executive director of https://fixthecourt.com/ . Fix the Court is a national, nonpartisan organization that advocates for non-ideological “fixes” that would make the federal courts, and primarily the U.S. Supreme Court, more open and more accountable to the American people. In his work, Gabe has been tracking some curious financial dealings of "friend" of the show...

OA392: In the Aftermath of George Floyd 05.06.2020

Today's extra-long show -- two hours if you're a patron! -- tackles all the issues surrounding the state of our Union in the aftermath of the George Floyd murder, including questions about which charges should be filed against Derek Chauvin, whether Trump can invoke the Insurrection Act of 1807, and much, much more! Oh, and as a bonus, we also have a "lightning round" Yodel Mountain segment (with...

OA391: Republicans Are Still Trying To Break the Government, Part Eleven Billion 02.06.2020

Today's episode takes a deep dive into H.R. 965 , which (quite sensibly) permits proxy voting in the House of Representatives in light of the COVID-19 crisis, and the lawsuit filed by various Republican lawmakers to try and stop it. Good news! The lawsuit has no chance of success thanks to... litigation prompted by Donald Trump. We begin, however, with an update on the DOJ probe into insider tradi...

Bonus: George Floyd and Policing the Police 31.05.2020

Today's emergency episode breaks down everything you need to know about the death of George Floyd and the charges filed against Officer Derek Chauvin in Minnesota. Patreon Bonuses We’ve got an all-new Live Q&A scheduled for Sunday, May 31 at 7 pm Eastern / 4 pm Pacific, and Patrons can  click here to suggest questions and vote on the ones they want answered . Also remember that Patrons can  give t...

OA390: Trump's War on Twitter (A Deep Dive on Section 230) 29.05.2020

Today's episode breaks down the latest temper tantrum and accompanying executive order by our game show host president attacking social media platforms for having the temerity to engage in fact-checking. You're going to be hearing a lot about " Section 230 " -- so we're here to tell you exac tly what that means, what Trump is trying to do, and why it matters. We begin, however, with a pretty strai...

OA389: #Obamagate (w/guest AG!) 26.05.2020

Today's episode brings back AG of the Mueller She Wrote and Daily Beans podcasts to help delve in to all the craziness that is #Obamagate. And, as a bonus, we also discuss the five Inspectors General fired by Trump and what they were investigating. You won't want to miss this special episode! As it turns out, #Obamagate is nonsense. Who knew? After the hour-long interview, it's time to revisit #T3...

OA388: Reinstating the Rule of Law 22.05.2020

Today's episode checks in on all the latest goings-on in the Trump administration that probably don't violate the law but do undermine the norms of 200+ years of government, from firing Inspectors General that are potentially interested in government accountability to the DOJ's refusal to turn over the unredacted Mueller Report to the House Judiciary Committee to the collusion between Bob Barr and...

OA387: You Pay the Priest (w/Andrew Seidel) 19.05.2020

Today's episode features an interview with one of our favorite recurring guests, Andrew Seidel, who returns to warn us of new regulations pursuant to the CARES Act that are permitting churches to take PPP money. Yes, that means your tax dollars are literally paying the salaries of ministers, priests, imams, and the like. We also discuss what just happened in Wisconsin, where the Supreme Court inva...

OA386: The Opening Arguments Amicus Brief! 15.05.2020

Today's episode marks a milestone for the show: we're going to file an amicus curiae brief in the Michael Flynn case. Find out exactly how & why we're doing this! We begin, however, with a brief update in the various emoluments cases, including an update on the two orders released this morning by the 4th Circuit en banc . After that it's time to dig into all the developments in the Flynn litigatio...

OA385: Reality Check! (w/Allison Gill) 12.05.2020

Today's episode features an in-depth interview with Allison Gill of American Atheists regarding the just-released survey Reality Check , which interviews more than 34,000 nonreligious individuals , gathering data as a precursor to support specific arguments with lawmakers in terms of lobbying for recognizing atheist constituents. You won't want to miss it! We begin, however, with a bit more in-dep...

OA384: Bridgegate Apparently Was Fine 08.05.2020

Today's episode updates you on all the recent goings-on at the Supreme Court, including the advent of new, social-distancing-approved oral arguments, the Court's calendar, and today's 9-0 reversal in Kelly v. U.S. , the Bridgegate case . Oh, and while we're at it, we also take on two lengthy Andrew Was (Sort of) Wrong segments! Phew! We begin with a discussion of the new procedures for SCOTUS oral...

OA383: Trump's Taxes & The CARES Act (Or: Why Your Vote Matters) 05.05.2020

Today's episode checks back in with the status of the consolidated cases pending before the Supreme Court regarding Trump's tax returns. As it turns out, this overlaps pretty strongly with the show's "B" segment about the potential for abuse in the CARES Act. We begin with a colossal "Andrew Was Wrong" -- in which Andrew optimistically predicted we'd see Trump's tax returns in 2019. That... turned...

OA382: Bernie Sanders Was Right! (The DNC & Payday Lenders) 01.05.2020

Today's episode takes two deep dives -- first, into New York's cancellation of its Democratic Presidential Primary, and second, into the Paycheck Protection Program (PPP) and efforts by scumbag payday lenders to take your tax dollars despite being parasites. We begin with a thorough examination of the DNC's Delegate Selection Rules and the Call For Convention Rules and figure out whether Bernie Sa...

OA381: The Legal Eagle Interview! 28.04.2020

Today's episode... was supposed to have two bookend segments and legal analysis, but we wound up having so much fun talking to Devin Stone, the Legal Eagle himself about nontraditional careers in the law, Tiger King and Better Call Saul, and so much more! After that, it's time for the answer to the first Thomas and Devin Take The Bar Exam in which it was literally Hammer Time for two friends watch...

OA380: This Week at the Supreme Court 24.04.2020

Today's episode breaks down two significant Supreme Court decisions released this week, including Barton v. Barr (involving immigration) and Ramos v. Louisiana (involving unanimous jury verdicts). We break down each one and explain the short- and long-term implications. First, though, it's time for a bit of Andrew Was Right and Andrew Was Wrong. The good news: Texas has changed its Executive Order...

OA379: Trump's Contempt for the Press & Husch Blackwell 21.04.2020

Today's episode features a deep dive on a completely frivolous lawsuit filed by Donald Trump against a Wisconsin TV station for simply airing an ad created by Priorities USA that... uses a pastiche of Trump's own words talking about COVID-19. Learn why Trump (and his corrupt lawyers at Husch Blackwell ) are transparently trying to silence any public criticism of this President. First, we begin wit...

OA378: Trump's Stupid Threat to "Adjourn" the Senate (A Primer on Appointments) 17.04.2020

Today's episode breaks down the latest threat by Donald Trump to "adjourn" the House and Senate, and explains why a) you shouldn't be scared and b) he's unlikely to do it. This is a stunt designed to distract us from how badly Trump has handled COVID-19; we recognize we're sort of falling for it, so we're bringing you a deep dive on appointments and good news as well! We begin, however, with that...

OA377: Trump's Pyramid Schemes and Arbitration (feat. AG!) 14.04.2020

Today's episode features one of our most-requested return guests, AG of the Mueller She Wrote and Daily Beans podcasts. AG joins us for "Below the Radar," stories that you might have missed while your eyes glazed over during the 11th consecutive coronavirus press conference. We begin, however, with a nice grab-bag of Andrew Was Rights (and Wrongs, sadly) from the Carolinas to Illinois to the CARES...

OA376: Texas, Wisconsin & Washington (feat. Andrew Seidel) 10.04.2020

Today's episode updates you on litigation in three states: in Texas, where the 5th Circuit blocked the lower court injunction, allowing the anti-abortion executive order to go into place; in Wisconsin, where the Supreme Court literally killed people; and in Washington, where publicity-seeking idiots have some liberals convinced Fox News is about to file for bankruptcy. We begin in Texas, with an A...

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