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

OA231: The End of the Beginning (for Trump) 30.11.2018

"Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning." - Winston Churchill.  And yes, today does, in fact, mark the end of the beginning of the Mueller Investigation... and perhaps for Donald Trump.  Why?  You'll just have to listen and find out! In this super-sized episode, we tackle: (1) Michael Cohen's just-announced plea to a new count...

OA230: TOO MUCH MEAT! 27.11.2018

Today's deep-dive Tuesday tackles that viral case caption you've probably seen floating around Twitter:  "United States v. 1,855.6 pounds of American Paddlefish Meat."  Is the sack of fish meat really going to have to show up in court?  Will it have a lawyer??!?  Listen and find out! We begin, however, with a roundup of all the lawsuits filed against Matthew Whitaker, including the most recent one...

OA229: Andrew Miller & the Appointments Clause 22.11.2018

Today's Thanksgiving Special / Rapid Response episode takes a look at the single most important Yodel Mountain case pending right now:  Andrew Miller's lawsuit before the Court of Appeals for the District of Columbia Circuit.  Find out what it all means! We begin, however, with a brief Andrew Was Right and roundup on the status of the Jim Acosta lawsuit, which has been mooted thanks to the injunct...

OA228: Jim Acosta, Sovereign Immunity & More! 20.11.2018

Today's Deep Dive Tuesday tackles the motion for preliminary injunction and underlying lawsuit brought by CNN and Jim Acosta against the Trump White House for revoking his press credentials.  You'll get to hear about how Andrew Was Right... last Thursday (!)  As a bonus, you'll get a listener question that segues into a mini-deep-dive on the "sovereign immunity" doctrine! We begin, however, with s...

OA227: Brian Frosh Takes On Matthew Whitaker & More! 16.11.2018

Today's Rapid Response Friday takes a deep dive into the recent lawsuit filed (actually, amended) by Maryland's ace Attorney General, Brian Frosh, challenging the appointment of Matthew Whitaker as Acting Attorney General. We begin, however, with an Andrew Was Right (and Wrong, sadly) roundup of a bunch of issues:  (1) whether the midterm elections were a "Blue Wave" (they were); (2) the formation...

OA226: How Dems Can Force Trump's Tax Returns 13.11.2018

...using this one weird trick! (but for real.) It's a new intro this week and Thomas hopes you don't mind the departure from the regular quotes. After that Andrew has updates on several cases for us! They involve: the Emoluments Clause, a 40 foot cross, Net Neutrality, and Monsanto! Then we get to the meat of our episode, which is about how the Democrats in the House can now use their power to for...

OA225: Elections Have Consequences... for Jeff Sessions 09.11.2018

Today's Rapid Response Friday covers the two things that are definitely on everyone's minds:  (1) the midterm elections, and (2) the fate of the Mueller investigation and more in light of President Trump's decision to fire Attorney General Jeff Sessions.  Elections have consequences... don't they? We begin with a roundup of  the outstanding legal issues in connection with the midterms. After that,...

OA224: Andrew Debates Prof. Justin Walker! 06.11.2018

At long last, we've got the audio from Andrew's debate with University of Louisville Law School professor, member of the Federalist Society and former Brett Kavanaugh clerk Justin Walker! The debate was put on by the American Constitution Society and Americans United for the Separation of Church and State. It was moderated by the ACLU! After that, it's the thrilling conclusion to TTTBE100.... Supp...

OA223: A Victory for Voting Rights in Pennsylvania! 02.11.2018

Today's Rapid Response Friday revisits some cases we've previously discussed with recent positive developments:  the Summer Zervos lawsuit and the future of political gerrymandering in Pennsylvania. We begin with the Zervos lawsuit we first covered in Episode 176 , in which a state trial court judge has ordered Donald Trump to respond to discovery served by Zervos's attorney.  What's next for the...

OA222: Entire WV Supreme Court Impeached?! 30.10.2018

Today's episode tackles an issue you've all been writing about:  what exactly is going on in West Virginia, where the entire state supreme court has been impeached?  We break it down for you! First, though, we start off with a roundup on voter suppression, including Georgia's "exact match" requirement being used to deny new registrations. After that, it's time to go deep, deep down the rabbit hole...

OA221: Elections Have Consequences, Florida Edition 26.10.2018

Today's Rapid Response Friday takes us back to a well-worn trope here at OA that we can't emphasize enough in late October:  elections have consequences!   Specifically, we take a look at the importance of past and future elections in the pivotal swing state of Florida. We begin, however, with a quick statement on the Trump administration's apparently-leaked policy regarding trans people and some...

OA220: Carter Page, Clownhorn 23.10.2018

Today's Rapid Response Tuesday takes an in-depth look at OA's new favorite clownhorn, Carter Page, and his delightfully mad lawsuit against the Democratic National Committee, the law firm of Perkins Coie, and (I think) the Ancient Order of the Illuminati.  Strap in! We begin with some good ol'-fashioned yodeling, with a roundup of stories with Yodel Mountain implications, including (1) the report...

OA219: Harvard and Affirmative Action 19.10.2018

Today's Rapid Response Friday takes us to the front lines of the affirmative action debate with the trial of Students For Fair Admissions, Inc. v. Harvard , a lawsuit brought by a single-issue right-wing activist determined to end diversity as a criterion in school admissions.  (And yes, we tell you what we  really think!) We begin, however, with some news regarding the Monsanto trial we profiled...

OA218: Ashers Baking Co., Net Neutrality & Stormy! 16.10.2018

Today's (thankfully) Kavanaugh-free episode -- in honor of Thomas's appearance at QED in Manchester -- takes an in-depth look at the Ashers Baking Co. case, as well as developments at the state level to push for Net Neutrality.  Oh, and we revisit OA's favorite legal genius, Stormy Daniels.  Strap in, it's going to be a fun ride! We begin with a lengthy discussion of the UK Supreme Court's ruling...

OA217: Can Ethics Complaints Take Down Kavanaugh? 12.10.2018

Today's Rapid Response Friday follows up on the State of Florida and... sadly... returns one last time to the story of Brett Kavanaugh and the ethics complaints lodged against him and referred to the Tenth Circuit.  Oh, and we give you real stuff you can do to make a positive difference!  You have to listen! We begin with a follow-up to Tuesday's episode where we break some news regarding  the Dem...

OA216: Court Packing & More (w/guest Chad Schneider) 09.10.2018

Today's (thankfully) Kavanaugh-free episode takes a look at Florida Governor Rick Scott's blatant court packing attempt with the Florida Supreme Court, and the lawsuit filed by Common Cause to try and stop him.  What will happen?  Listen and find out! First, though, we begin by revisiting our c ontroversial episode (197) on 3-D printed guns by bringing on a real-life expert in 3-D printing to hand...

OA215: Is Gamble v US the Real Reason Behind Kavanaugh? 05.10.2018

Today's Rapid Response Friday tackles the #1 emailed story to us this past week:  is the  real story behind the Kavanaugh nomination that the Trump administration needs him on the Supreme Court to rule in  Gamble v. U.S. regarding the dual sovereignty doctrine as it applies to double jeopardy? We begin with a quick note about the New York Times story on Trump's taxes which will be covered on Serio...

OA214: Free Speech, NAFTA & Trump's Trans Ban 02.10.2018

Today's Kavanaugh-free episode is a classic, three-story, Deep Dive Tuesday into (1) a recent free speech case involving protesters at a Trump rally; (2) the status of Trump's efforts to ban trans service personnel from the military; and (3) whether Trump can unilaterally abrogate NAFTA.  Strap in -- it's going to be a long ride! We begin with an examination of  Nwanguma v. Trump at both the distr...

OA213: Rachel Mitchell to Cross-Examine Dr. Ford at Kavanaugh Hearings 27.09.2018

Today's Rapid Response Friday tackles (ugh) the ongoing Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, before segueing into an interesting question from super-listener Teresa Gomez.  If you want to know everything about Rachel Mitchell (and so much more!) -- well, you've come to the right place! We begin with some goo...

OA212: Rod Rosenstein and... G. Zachary Terwilliger? 25.09.2018

Today's episode is that rare Rapid Response Tuesday, necessitated by the persistent rumors that Donald Trump is about to fire Deputy Attorney General Rod Rosenstein.  Is it true?  How bad are things if it is?  And who is this mysterious G. Zachary Terwilliger?  You'll have to listen to know for sure! We begin by examining the New York Times reporting that predicated the efforts to force out Rosens...

OA211: Manafort Flips (and more on Kavanaugh) 21.09.2018

Today's Rapid Response Friday tackles (1) Paul Manafort's plea deal and (2) the surprise resumption of the Senate Judiciary confirmation hearings for Supreme Court Associate Justice nominee Brett Kavanaugh in light of Dr. Ford's allegations, which are discussed in depth on Episode 158 of Serious Inquiries Only .  What should you look for during Monday's hearings?  Listen and find out! We begin wit...

OA210: Cash Bail, Glucksburg and More 18.09.2018

Today's episode takes two deep dives:  first, into California SB10, which eliminates the "cash bail" system of pretrial detention in California, and second, into the Supreme Court's 1997 decision in  Washington v. Glucksberg .  What does it all mean?  You'll have to listen to know for sure! We begin, however, with an update on Wells Fargo's $1 billion remediation plan first discussed in Episode 16...

OA209: Kavanaugh's Confirmation 14.09.2018

Today's Rapid Response Friday is all about the conclusion of the Supreme Court Confirmation Hearings for Brett Kavanaugh.  What did we learn?  What's still outstanding?  Are liberals really guilty of trying to bribe Susan Collins?  And, most importantly:  what can we  do about any of this??  Listen and find out! We begin, however, with an important Andrew Was Wrong. After that, we delve into all t...

OA208: Moore is Still Less 11.09.2018

Today's episode takes a deep dive into a 2003 Supreme Court decision,  Stogner v. California , and discusses the Constitution's  ex post facto clause.  Why?  Listen and find out! After that, we break down the $95 million lawsuit filed by Roy Moore against Sacha Baron Cohen alleging defamation, intentional infliction of emotional distress, and fraud.  Is it meritorious?  Who's Moore's lawyer?  Will...

OA207: Brett Kavanaugh's Confirmation Hearings 07.09.2018

Today's Rapid Response Friday tackles the ongoing Supreme Court Confirmation Hearings for Brett Kavanaugh -- including an analysis of documents that broke literally  after we recorded the show!  Find out if any of this can slow down Kavanaugh's presumed path the SCOTUS. We begin, however, with listener feedback on our rather controversial Episode 205 (with Andrew Seidel) as well as follow-up email...

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