

Opening Arguments
Opening Arguments Media LLC
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!
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!
Episodes
Mentioned books

Mar 13, 2024 • 42min
T3BE Week 5! Personal Injury and Comparative Negligence
Thomas Takes the Bar Exam Week 5! Ok so last week revealed to us that the "hot unbreakable streak" was not, in fact, unbreakable. No one could have seen this coming though, so no use in playing the blame game. Thomas comes into the week 5-2. Will he go to 5-4? Or 7-2? Or perhaps the other possible record? Find out! Then, we get 2 new questions! It's personal injury, and also... personal injury? Maybe? We'll see! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Mar 11, 2024 • 1h 8min
Arrested on Her 22nd Birthday. She Didn't Know She Was Undocumented.
Episode 1013 Today, we get to meet Azul Uribe. Azul lived most of her life in the US as a devout Mormon, doing her best to get by in a sea of Whiteness. She even made jokes at her own expense about being undocumented. That all changed when she was arrested at age 22 under bizarre and very unlucky circumstances. She was put in ICE detention. Treated terribly. Strip searched multiple times. She then found out those jokes... weren't. Despite being a college student, Azul faced deportation from the only home she'd ever known. Join us as we hear Azul's fascinating and heartbreaking story, in all its raw humanity. And we learn more about our immigration system, and its raw inhumanity. If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Mar 8, 2024 • 59min
Did the Trump Colorado Decision Make You Feel Crazy? You’re Not Alone.
The podcast delves into the legal complexities of the 14th Amendment in relation to Trump's Colorado decision, exploring insurrection, election disqualification, historical context, and Chief Justice Chase's decisions post-Civil War. The conversation covers legal decision-making approaches, challenges in disqualifying federal election candidates, the dilemma of disqualifying an insurrectionist, and interpretations of legal decisions alongside business insights.

Mar 6, 2024 • 37min
T3BE Week 4! Firefighters' Rule and Interstate Commerce
Thomas Takes the Bar Exam Week 4! Thomas comes into this week on a HOT, some would say, UNBREAKABLE, streak! 5-0. So, naturally, he aced questions 6 and 7, right? You'll find out! After those answers, we get questions 8 and 9, pictured below! What the hell is the firefighters' rule? And are drycleaners interstate commerce? If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Mar 4, 2024 • 59min
MAGA Fascists Try To Ban Drag and Fail. Repeatedly.
Episode 1011 Here's one for everyone who enjoys stories about terrible people losing in court! Casey stops by to review Alito's complaint to America's managers about the devastating cost of marriage equality: the exclusion of anti-LGBTQ bigots from juries. Matt breaks down the total failure of state attempts to ban drag shows and why the actual First Amendment keeps winning over the one that the kinds of people who yell the most about the First Amendment seem to think that they are yelling about. 1. Thomas/Alito statement in 2020 denial of Kim Davis's cert petition (2020) 2. Alito's concurrence in denial of cert in Missouri Dept of Corrections v. Finney (2024) 3. Trial court decision in Friends of Georges v. Mulroy (TN drag show ban) 4. Trial court decision in Florida-ORL v. Griffin (FL drag show ban) 5. Trial court decision in Woodlands Pride v. Paxton (TX drag show ban) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Mar 1, 2024 • 57min
A Tale of Two Dons in Criminal Court
The podcast discusses a legal battle over stolen legal pads with handwritten Eagles song lyrics. They also delve into Trump's immunity claim in the Supreme Court and complex legal maneuvers in Fulton County. Additionally, they explore privilege issues, text message analysis, forensic phone record analysis, and delayed payments in a major legal case.

Feb 28, 2024 • 30min
T3BE Week 3! Drugs and Hearsay
Thomas Takes the Bar Exam! It's time for the answers to last week's questions, plus two more! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Feb 26, 2024 • 58min
Project 2025 Is Terrifying
Episode 1009 The Heritage Foundation's Project 2025 has been making headlines with its promises to set the next Republican president up with a full staff of loyal civil servants and a 920-page executive branch playbook--but what is actually in this thing, and what can we learn from it? Matt takes us through some disturbing echoes of 1933 Germany, which was a famously chill and cool time, showing us how the legal system has historically been used to turn democracies into autocracies. We learn that laws with the most boring names are often the scariest, and about the administrative violence of a well-timed memo. 1. Heritage Foundation's Mandate for Leadership (2023) 2. Presidential Personnel Database (Project 2025 job application) 3. Nazi Telegram with instructions for Kristallnacht (Nov 10, 1938) If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Feb 23, 2024 • 54min
Embryos Are People, My Friend
Episode 1008 Today we are serving up a tasteful pairing of radically destructive activism from one supreme court with a refreshing adherence to basic Constitutional law from another. We start in Alabama, where the state's highest court just found with no any apparent legal, factual, or moral justification whatsoever that a few hundred frozen cells are legally equivalent to a "child"--because God, probably? Unclear! We then review a recent example of the U.S. Supreme Court doing exactly what it is supposed to do: reviewing and unanimously reversing an obvious Constitutional violation, in this case one which put a man who had been acquitted on mental health grounds at risk of the death penalty. 1. Alabama Supreme Court's decision in LePage v. Center for Reproductive Medicine, P.C. 2. Ketanji Brown Jackson's decision for a unanimous court in McElrath v. Georgia, 601 U.S. ____ (2024) [PDF] 3. Free downloadable version of the Century Schoolbook typeface If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.

Feb 22, 2024 • 33min
T3BE Week 2!
Thomas Takes the Bar Exam! It's time for the answers to last week's questions, plus two more! If you'd like to support the show (and lose the ads!), please pledge at patreon.com/law! For the time being, any profit over and above the costs of operating the show, will go towards repair and accountability.


