Opening Arguments

Today's episode features an in-depth interview with Prof. Lawrence Lessig, counsel for the Colorado faithless electors, about the electoral college system. We also go through the answer to last week's #T3BE about the differences and similarities between burglary and larceny. You won't want to miss it! Appearances None! If you’d like to have either of us as a guest on your show, drop us an email at...

Happy Holidays, everyone! Today, we tackle a number of issues that managed to distract us over the holidays regarding impeachment and do a deep dive into Nixon v. US -- all while weaving in a John-Roberts-as-the-Grinch-Who-Saved-the-Country-From-Mitch-McConnell story. Can it happen? Absolutely. Will it? We don't know. Do you need to listen? ABSOLUTELY. We begin, however, with the recent filing by...

Today's episode combines a deep dive into the IRS's tax exemptions with some breaking news about allegations made by a whistleblower that the Church of Jesus Christ of Latter-Day Saints (that is, the Mormon Church) has hidden over $100 billion in assets that should otherwise be taxed. Grab some yarn and pushpins, and we'll try and disentangle this conspiracy together! Joining us is the host of the...

Today's episode takes a deep dive into the recent 5th Circuit ruling you may have heard about that... is supposed to have declared the ACA unconstitutional? How can that possibly be the case? We break it all down for you. Oh, and yeah, we also talk about the fact that the third president in American history has been impeached. We begin, however, with an Andrew Was Wrong segment about the procedura...

Today's episode takes a deep dive into something the Supreme Court didn't do last week -- namely, it declined to grant certiorari to reverse an obviously incorrect decision of the Sixth Circuit ( EMW Women's Surgical Center v. Meier ), in which that court upheld a blatantly unconstitutional Kentucky law mandating that women undergo a medically unnecessary ultrasound and listen to a script before u...

Today's episode breaks down the Articles of Impeachment currently being debated in the House Judiciary Committee. Find out Andrew's disappointment, the hidden clause that lets the Senate consider Mueller evidence (if they want), and what these articles can't let the Senate evaluate in determining whether to impeach Trump. You won't want to miss it! Oh, and also, you'll get a mini-deep-dive on the...

Perhaps against our better judgment, we once again return to the Adnan Syed case narrated so beautifully in season 1 of Serial . If you haven't heard our take on the case itself, you might want to go back and listen to Episode 107 . Today, we're not discussing the underlying merits but rather what the Maryland Court of Appeals ruled and why the Supreme Court declined to review that decision. Love...

Today's episode is a timely impeachment-themed deep dive into the testimony of George Washington University law professor -- and legitimate legal scholar -- Jonathan Turley before the House Judiciary Committee. How should you evaluate his arguments? We walk you through them, of course! We begin, however, with a new segment: the Wingnut Lightning Round(TM), in which we evaluate -- or rather, make f...

Today's episode takes a deep dive into the nondelegation doctrine in light of a recent Kavanuagh comment on a case... in which the Supreme Court didn't even gran t certiorari. Is Andrew panicking? (No.) Listen and find out why not! We begin, however, with a brief Andrew Was Wrong on taxation that calls back to OA 336. How exactly is stock income taxed? Listen and find out! Then, it's time for the...

Share this episode with your (open-minded) Republican friends, family, and co-workers! We're happy to bring you this Thanksgiving Special a day early in which we break down the latest "trial balloon" defense of Trump's conduct: that Trump was actually encouraging a legitimate investigation into a top-secret conspiracy in Ukraine to hack the DNC servers in 2016 and throw the election to Hillary Cli...

Today's episode takes a deep dive into Elizabeth Warren's wealth tax. Is it constitutional? How will the arguments shape up? Listen and find out! We begin, however, with an interesting proposal for a "Congressional Review Act" for the Supreme Court by law professor -- and professional Supreme-Court-fixer -- Ganesh Sitaraman. Will this proposal meet with more approval than Sitaraman's previous "lot...

Today's episode breaks down the significance of a packed week in Republican witness testimony before the House Intelligence Committee about the potential impeachment of Donald Trump. We continue to place everything in the context of proving that Donald Trump committed impeachable bribery in violation of 18 U.S.C. § 201(b)(2), including evaluating the (increasingly desperate) defenses being raised...

Today's episode features a deep dive into what used to be a core Republican program, the Low-Income Home Energy Assistance Program, or LIHEAP. Did you know that every year, over a thousand people -- most of them with homes -- freeze to death in the U.S.? Did you know that both political parties used to want to do something about that? We begin, however, with some listener feedback from our popular...

There was so much to discuss, we had to record an extra episode!

Today's episode ran so long that we're going to give you a BONUS episode tomorrow. What did we get through? Well, we break down almost everything about the first day of televised public hearings in the House of Representatives' impeachment inquiry. You absolutely, positively do not want to miss this! We begin, however, with a plug for our favorite charity event of the year, Vulgarity for Charity !...

Today's episode is the final -- and dare we say it, the best -- part of our live show in Los Angeles where we were joined by the co-host of the popular podcast "Oh No Ross And Carrie" Carrie Poppy, and the show's lawyer, Matthew Strugar. Join us for a fascinating discussion as to who's threatened to sue the show and why.... And stick around for a special LIVE #T3BE! After that, we also answer last...

Today's episode is everything you need to walk your open-minded Uncle Clarence -- you know, the one who watches Fox News, but not religiously, and isn't quite sure what all this impeachment nonsense is about -- through the key buzzwords of the week. And, as a bonus, we discuss an important decision regarding in vitro fertilization in Connecticut. We begin, however, with the Explainer. How is this...

Today's show is something we absolutely love to do, which is listener questions! Our listeners pose some truly intelligent, well thought-out, and deep-dive worthy questions. Today's episode features two such deep dives inspired by our listeners. The first is regarding DC v Heller, and whether it applies to gun ownership or gun sales, or both. The second question is a chance for Andrew to talk abou...

This week's Rapid Response Friday breaks down exactly what's in H.R. 660, the impeachment inquiry resolution, and what it means for the ongoing process. We also help you digest the legal significance of Alexander Vindman's testimony and much, much more, so strap in! We begin, however, with Thomas's favorite segment -- Andrew Was Wrong. Here, Andrew issues a correction regarding baseball law and th...

It's an all American episode, complete with 3 dives! First we have a 9th Circuit ruling on Domino's Pizza to discuss, related to accessibility concerns with their app. Then, you know those horrible, unfunny, obnoxious Bud commercials with the knights and the king and all that? Turns out in addition to being terrible, they may also be potentially tortious! They made some very specific claims about...

Today's episode tackles all your latest developments from high atop Yodel Mountain, including the national security-threatening stunt led by America's Dumbest Congressman, Matt Gaetz, as well as the significance of Bill Taylor's testimony to the House Intelligence Committee. We begin with a brief overview of the "due process" argument throughout history with an eye towards how it applies to the Tr...

Today's show features a few segments from the LA live show, including a medium dive on the Open Skies Treaty. We break down what it is, what Trump is intending to do with it, and why his behavior is incredibly... weird. We also break down a story involving Covington and Burling winning legal fees against the government. -Support us on Patreon at:  patreon.com/law -Follow us on Twitter:   @Openargs...

With impeachment in full swing, today's episode reminds you that we already have more than enough evidence to impeach & remove Donald Trump from office for the nine distinct crimes documented by Robert Mueller in Vol. II of the Mueller Report . We begin, however, with a pre-show update: the 4th Circuit has just voted to rehear the Maryland emoluments lawsuit en banc on Dec. 12, 2019. After that, i...

The live show in Los Angeles was an absolute blast. We had so much great content that we're going to use it in bits and pieces here for the next few Tuesday shows. But if you'd like to hear the entire live show right away, and also hear the special intro Brian and Thomas cooked up for it, go to patreon.com/law right now! -Support us on Patreon at:  patreon.com/law -Follow us on Twitter:   @Openarg...

Today's episode breaks down the recent news relating to (1) legal efforts to subpoena Donald Trump's taxes, (2) the latest kerfuffle over the standing House rules and whether the impeachment inquiry is "unconstitutional" and "illegal" (it isn't), with a bonus (3) rant about PG&E's blackouts -- excuse me, "public safety power shutoff events" in Northern California. Phew! We begin with a discussion...