OA1289 - Is Disney/ABC’s bold new legal action against the Trump administration one of the most important First Amendment challenges  of our lifetimes, or just another Mickey Mouse operation? Matt explains. Also an explainer on the legally questionable end of Temporary Protected Status for El Salvador, a new ICE purchase that will truly shock you, and a footnote on how the lawyer who put himself in a fancy Star Wars-themed Superbowl ad turned to the Dark Side.

1. FCC order to ABC affiliates noting that ABC is under investigation for violations of FCC rules and “discriminatory” hiring (4/28/2026)

2. Complaint in ABC et al v. FCC et al, filed 8/18/2026

3. User manual for Compliant Technologies’s G.L.O.V.E.

4. The Kentucky Hammer’s 2020 Super Bowl commercial

5. Complaint in White v. Isaacs & Isaacs, filed 6/2/2026

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VR41 - What does a “moderate conservative” sound like in August 2026? Thomas and Matt take a closer look at two very different self-proclaimed “moderates” representing the best and brightest in MAGA apologism. We begin with some low points from Tim Pool’s recent appearance on the gimmicky “Surrounded” debate series before taking on our main story:  a National Review cover piece by Dan McLaughlin on the “broken” asylum system which demonstrates exactly the kind of finely nuanced understanding of U.S. immigration policy you might expect from the man better known to golden-era Twitter users as The Baseball Crank.

OA1288 - What happens when a hotheaded cop who isn’t interested in putting in much effort to solve a crime meets up with another cop who thinks computers are infallible? A man with no criminal record who lives 300 miles from the crime scene and has no conceivable connection to the crime gets arrested. Hear the ACLU lay out the case for strict guardrails on the use of facial identification software, and training officers to… like do their job at all. Bonus: Learn about Jenessa’s doppleganger / who to blame if she ever gets arrested.

• Compl., Dillon v. City of Jacksonville Beach, No. 2:26-cv-1936-JES-KRH, (M.D. Fla. 07/13/26)

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OA1287 - Today on Rapid Response Friday:  Todd “Two Taints” Blanche flexes his new freedom as two Tates blanch at the loss of theirs, and a lawsuit over a cinematic heist starring Nicolas Cage.

1. Applicability of Executive Privilege to Presidential Communications with Private Advisers, Office of Legal Counsel (8/10/2026)

2. Second Superseding Indictment in United States of America v. Southern Poverty Law Center Inc. and Heidi Beirich, Middle District of Alabama (8/11/2026)

3. Secretary Rubio Terminates Green Cards of Foreign Nationals Tied to Infamous Iranian Regime Propagandist, U.S. Department of State (4/11/2026)

4. One Woman’s Message From the Hell of ICE Detention, The Nation (8/11/2026)

5. Andrew and Tristan Tate’s Motion for Release Pending Extradition Proceedings and Opposition to the Government’s Request for Detention In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/7/2026)

6. Response in Opposition to Andrew Tate’s and Tristan Tate’s Motion for Release Pending Extradition Proceedings In the Matter of the Extradition of Emory Andrew Tate, Southern District of Florida (8/10/2026)

7. Complaint in Op-Fortitude Ltd. and Simon Afram v. Netflix Inc.,  Central District of California (7/29/2026)

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VR40 - This Vapid Response Wednesday, we note the end of Ross Douthat’s 17-year run as the resident New York Times conservative columnist with a drive-by review of some of his most willfully clueless work--and a closer look at his recent farewell message in which he provides a fitting capstone to a long career of willfully ignoring everything about how and why the American right went full MAGA.

You can WATCH this episode, too!

1. “Europe’s Minaret Moment,” Ross Douthat, New York Times (12/6/2009)

2. “Confessions of a Columnist,” Ross Douthat, New York Times (1/2/2016)

3. “The Necessity of Stephen Miller,” Ross Douthat, New York Times (1/27/2018)

4. “There Will Be No Trump Coup,” Ross Douthat, New York Times (10/10/2020)

5. “Why Do So Many Americans Think the Election Was Stolen?” Ross Douthat, New York Times (12/5/2020)

6. “How Donald Trump Made the Fantasy Real,” Ross Douthat, New York Times (1/9/2021)

7. “Why Nikki Haley Would Be the Most Dangerous President,” Ross Douthat, New York Times (1/20/2024)

8. “What Would Peace on Immigration Look Like?” Ross Douthat, New York Times (1/10/2026)

9. “Who Are the Good Guys and the Bad Guys? I’m No Longer Sure,” Ross Douthat, New York Times (8/8/2026)

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OA1286 - NYU Law professor and Strict Scrutiny co-host Melissa Murray joins to discuss (among many other things) her new book, Sonia Sotomayor’s dance moves, and why actually reading the Constitution matters now more than ever. 

Professor Murray’s book The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader is this month’s OA Book Club selection, and we’ll be meeting to discuss it via Zoom on August 30, 2026 at 4:30 PM EST. This is a perk available to patrons at ALL tiers!

1. The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader, Melissa Murray (2026)

2. “Of Might and Men,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Law Review, Vol. 122 Issue 6 (2024)

3. “A Podcast of One’s Own,” Leah M. Litman, Melissa Murray, Katherine Shaw, Michigan Journal of Gender & Law, Vol. I, Issue 

4. The Trump Indictments: The Historic Charging Documents With Commentary, Melissa Murray and Andrew Weissman (2024)

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OA1285 - This week on Rapid Response Friday: regulators, mount up! We take a closer look at the actual documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche which convinced John Cornyn and Thom Tillis to change their votes, how deregulation caused a national cyclospora outbreak (and the legal response to it), and state efforts to stop the “prediction market” racket which the Commodity Futures Trading Commission has been all too happy to ignore. And in today’s footnote: three very different cases which prove why prediction markets shouldn’t be a thing at all.

1. Documents provided to the Senate Judiciary Committee by Attorney General nominee Todd Blanche on August 2, 2026

2. “Cyclospora is easy for doctors to miss. The US made it even harder to spot,” Dr. Robert B. Shipner, The Guardian (7/16/2026)

3. Complaint in Null v. Taylor Farms, filed 7/21/206

4. Complaint in New York v. Kalshiex LLC, filed 7/31/2026

Check out the OA Linktree for all the places to go and things to do! Listen ad-free and support the show at patreon.com/law.

VR39 - Vapid Response Wednesday returns with a tasteful pairing of stories about alleged anti-Italian discrimination that go together like chianti and red sauce.

Today's specials include:

• Aperitivo: a tasteless morsel from the least deserving recipient in the history of the Mark Twain Prize for American Humor

• Primo: a chef’s kiss Washington Examiner oped on how NYC mayor Zohran Mamdani “erased” Little Italy

• Secondo: a spicy molto grosso meatball of a Boston lawsuit over alleged anti-Italian-American discrimination gives a federal court indigestion

• Dolce: our patrons! Listen ad-free and support the show at patreon.com/law

1. “Mayor Mamdani, Why Did You Erase Little Italy?” Anthony Colombo Jr., Mike Crispi, Gerard Marrone, Washington Examiner (7/10/26) 

2. Second Amended Complaint in North End Chamber of Commerce et al v. City of Boston, filed 3/7/24

3. Order on Defendant’s Motion to Dismiss in North End Chamber of Commerce et al v. City of Boston(12/20/24)

4. North End Chamber of Commerce et al v. City of Boston, No. 25-1063 (1st Cir., 7/30/26)

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OA1284 - Can a modern court implement modern solutions? It really depends on your perspective. Despite some baffling misconceptions about how… anything works, the Justices seem to be doing a pretty good job of ultimately deciding that yes, police do in fact need a warrant to deeply invade your digital privacy. While Kavanaugh appears to have the entire concept of data storage and search queries upside down and backwards, Gorsuch asks complex questions about metadata versus true content, how data is stored in individual accounts, and what other types of data would be exposed if police were allowed to search your location information without a warrant… and yet they both ultimately vote to protect your privacy. It’s a weird world out there folks.

Cases discussed:

• United States v. Jones

• Carpenter v. United States

• Chatrie v. United States

Check out the OA Linktree for all the places to go and things to do!

Apologies for being a little late on this one!Donald Trump sued the IRS, an agency he currently runs, for leaking his own tax returns, and asked for a cool $10 billion. Thomas, Lydia, and Matt dig through the actual complaint and a judge's increasingly suspicious rulings, all timed suspiciously close to Todd Blanche's confirmation hearing. It is dumber, and more corrupt, than it sounds.

Cases discussed:

• Trump v. IRS

• Littlejohn leak case

Patrons at patreon.com/gavelpod can listen to Part 2 right now!