Opening Arguments

Today's episode breaks down Trump's recent declaration of a state of national emergency as a pretext to build his big, dumb wall.  What's being done about it?  What  can be done about it?  Listen and find out! We begin, however, with a trip up Yodel Mountain to observe one of its most bizarre members, Roger Stone, who recently posted a "notice of apology" after having uploaded a picture to Instagr...

Today's episode features a long interview with AG, the spectacular co-host of the  Mueller, She Wrote podcast.  She helps break down everything in the news that's Yodel Mountain-worthy... and along the way, you'll learn what might be next, what we might be overplaying, and much, much more! After the interview, it's time for the answer to Thomas (& AG) Take The Bar Exam #114, in which you always be...

Today's episode tackles the recent Dunn v. Ray  decision in which the Supreme Court used a procedural mechanism to allow the State of Alabama to execute a devout Muslim without affording him the same sorts of religious freedom they do to Christian inmates.  Is it as bad as it looks? (Yes.) We begin, however, with an unfortunate Andrew Was Wrong (and a promise to get better)! Then, it's time for a...

Today's episode features a deep dive into a listener question about Article V Constitutional Conventions.  Are they dangerous?  (Yes.)  Are they a good idea?  (No.)  We also discuss the latest ridiculous defamation lawsuit.. and discover why this one is a little different.  How?  You'll have to listen and find out. We begin with a little bit of news you might have missed regarding Attorney General...

This rapid-response  bonus episode tackles the Supreme Court's late-breaking stay of the 5th Circuit's opinion in  June Medical Services v. Gee , with a particular emphasis on dissecting Justice Brett Kavanaugh's dissent.  What does it all mean?  Listen and find out! We have also continued the episode with a deep dive into  res judicata and the truly ominous implications of Kavanaugh's dissent at...

Today's episode returns to one of the most critical political issues of our time:  gerrymandering of congressional districts, and in particular, the state of MD-6, which pits the Democrats as villains and Republican voters as the plaintiffs alleging disenfranchisement.  Will that role reversal be enough to win approval from SCOTUS?  Listen and find out! We begin, however, with an update on the  Ju...

Today's very special episode is our 250th!  To celebrate, we've assembled a compilation of some of our favorite moments over the past two and  half years.  If you've ever wanted to share the show to friends and family, this is the episode to do it.   In this episode, we explain: What the show's all about How liberal we are (or aren't) Whether we talk about  non -political stuff How Trump changed t...

Today's episode sounds the alarm as to whether our activist right-wing Supreme Court is ready to effectively overturn  Roe v. Wade and essentially permit the entire state of Louisiana to all but ban the right to an abortion in that state.  We're NOT an alarmist podcast, but this is something you need to be watching.  We also follow up on the Trump Shutdown, answer a listener question regarding our...

Today's episode features a deep dive into a bunch of different issues around granting the writ of certiorari -- "cert" -- and some of the intricacies of how the Trump administration is trying to take advantage of the activist Supreme Court.  Oh, and we also tackle a lawsuit that's being grossly misrepresented by the media. We begin with a discussion of the unique procedure of "cert before judgment...

Today's episode tackles the recent Supreme Court orders in the Trump ban on transgender service members.  How did we get here and what's next?  Listen and find out. We begin, however, with a brief Andrew Was Wrong segment regarding the history and modern politics of the State of the Union. After that, it's time for the main segment, which dives deeply into the history of trans service in the U.S....

Today's episode features a deep dive into the latest developments in the lawsuit brought by parents of the victims in the Sandy Hook Massacre against Alex Jones and Infowars for repeatedly portraying the school shooting as a hoax. We begin, however, with a question regarding our views of the 2016 Presidential Election from a Trump supporter who's hate-funding us.  Hey, we're good to our word! Afte...

Today's episode covers the William Barr confirmation hearings before the Senate Judiciary Committee to become the next Attorney General, as well as the ongoing legal battles regarding Trump’s shutdown of the government. We begin with Barr, who’s proven to be a complex individual.  How did he fare in his testimony before the Senate?  Are there reasons for optimism? Is his notorious memorandum (whic...

Today's episode features a little more about Corey Robin, including the argument addressed on the show that criticisms of Clarence Thomas's competence are a racist echo of similar claims made against Thurgood Marshall.  Find out why Andrew made the mistake he did in Episode 242 , and also why Andrew still stands behind his answer to that question. We begin with Robin, winding our way from his  blo...

Today's episode tackles the mechanics of the shutdown and whether (and how) Donald Trump can build that wall despite widespread opposition. We begin with an Andrew Was Wrong about the identity of Corey Robin and the incorporation doctrine.  Enjoy a fun segue to Gitlow v. New York and why you should never repeat the trope that free speech doesn’t include the right to shout ‘fire’ in a crowded theat...

Today's episode features a deep dive into the  Bivens action, with a little help from everyone's favorite nutso conspiracy theorist lawyer, Larry Klayman -- and his newest client, Roger Stone sidekick Jerome Corsi.  Find out what sorts of wacky shenanigans these guys have been up to, and why they think they've hit a $350 million jackpot.  (Hint:  they haven't.) First, though, we begin with an insi...

Today's episode takes a deep dive into the potential criminal liability for Pacific Gas & Electric (PG&E) in connection with the 2018 California Wildfires and the c-hook that just might be the linchpin to the whole thing.  Are people going to prison?  Listen and find out! We begin by celebrating a brand-new holiday:  Oversight Day, with the inauguration of Nancy Pelosi as Speaker of the House.  We...

Today's special,  hangover-free  New Years' episode follows up on some of the things we discussed during our Episode 238 interview  with Matt Donnelly of the Ice Cream Social podcast , including the  never -controversial subject of libertarianism.  Strap in; it's been an interesting year! We begin with a listener question from Ricardo, who asks some follow-up questions to our original hot take on...

Today's episode takes a deep dive into the just-released one-page order by the Fourth Circuit  staying all discovery in the Emoluments litigation brought by Maryland Attorney General Brian Frosh.  How do we fill more than an hour's worth of time on one page?  Why is this ruling really, really bad for everyone??  Listen and find out! We begin, however, with a brief foray up Yodel Mountain to discus...

Today's Rapid Response episode takes a look at the just-released Law'd Awful Memo  written by Attorney General nominee Bill Barr and sent to Deputy AG Rod Rosenstein concerning the Mueller investigation.  Are the argument(s) raised in the memo any good?  What does this mean for the future of the Mueller investigation?  Listen and find out! We begin, however, with a brief foray into everyone's favo...

Today's deep-dive Tuesday tackles a long-running lawsuit by the estate of Randy California -- the founder, lead singer, and guitarist for the band Spirit -- alleging that Led Zeppelin stole the iconic riff for "Stairway to Heaven" from Spirit's 1968 song "Taurus."  With assistance from Thomas on guitar, we tackle all of the fun issues that are currently pending before the 9th Circuit... and possib...

Today's Rapid Response episode takes a look at three breaking stories related to the White House:  (1) the recent ruling requiring Stormy Daniels to pay Trump's attorneys' fees; (2) the sentencing of Trump's former lawyer, Michael Cohen; and (3) most importantly, the plea deal signed by American Media, Inc. -- parent company to the  National Enquirer -- to cooperate with the Special Counsel's Offi...

Today's deep-dive Tuesday tackles a viral oral argument before the Supreme Court in  Timbs v. Indiana regarding civil forfeiture -- and a delightful question (that inspired the graphic for the show notes) about whether the state can seize your Bugatti for speeding.  Oh, and we check back in on the Ann Coulter v. Berkeley lawsuit that was recently settled.  What happened?  Listen and find out! We b...

Today's Rapid Response episode takes a look at two pressing issues: (1) Mueller's [REDACTED] sentencing memorandum with respect to Michael Flynn, and (2) the naked power grab by lame-duck Republicans in Wisconsin.  Along the way, we'll also cover a bunch more legal stories, but you knew that already! We begin high atop Yodel Mountain, where we cover not only the [REDACTED] Flynn memorandum but als...

Today's deep-dive Tuesday takes us back to a time in which politically-motivated revenge was actually seen as a scandal; namely, Chris Christie's Bridgegate.  There's a new ruling out of the Third Circuit that affects two Christie staffers, and... well, you'll just have to listen and find out! Then, it's time to take a long look at ongoing litigation surrounding the Trump Administration's efforts...