Opening Arguments

VR46 - This week on Vapid Response Wednesday: A Bari Weiss double feature! We kick off with an amuse douche from CBS News's chill hang with a cool guy from Trenton. Samuel Alito grew up with a dream: doing incalculable damage to women's healthcare by destroying the Constitutional abortion rights previously guaranteed by Roe v. Wade, apparently because no one was really using them anyway? Does Samuel Alito even hear himself talk anymore?

We then take up the closest thing the Trump era has seen to an intellectual case for mass deportation from one of its poshest warriors: "intellectual dark web" alum Douglas Murray, who outlines a completely new strategy so brilliant, so internally consistent, and so obviously rushed to print without a second thought for what he was actually trying to say that it could only have been published in The Free Press.

Cases and sources discussed:

• “Extended Interview: Supreme Court Justice Samuel Alito,” CBS News, Oct 5, 2026
• “How the West Lost Its Will to Reverse Mass Migration,” Douglas Murray, The Free Press (9/24/2026)

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OA1302 - Qualified immunity can be overcome! In the fifth circuit?! Come hear the good news, and learn some fourth amendment traffic stop rules along the way.

CHECK YOUR VOTER REGISTRATION. Deadlines for your state can be found here.

Cases discussed:

• CHECK YOUR VOTER REGISTRATION. Deadlines for your state can be found here.
• Rosales v. Terrell, 25-30650 (5th Cir. 2026)
• Dashcam footage from the Rosales case
• Milligan v Lewis
• Reporting on trial of Lewis for alleged misconduct
• Rosales v. Bradshaw, (10th Cir. 2023)

USPS v. California et al.

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OA1301 - IT'S FASCISM RESPONSE FRIDAY, and it's a lot. DOJ just filed a complaint trying to get every single active federal judge in Minnesota booted off immigration cases, and the "evidence" is a judge telling the New York Times the truth. The Supreme Court just let deportations to countries people aren't even from happen again. And we cannot stop laughing about the executive order that just declared this the "era of superintelligence." There's good news too, but you'll have to listen for that.

Cases discussed:

• Complaint Against Judges of the U.S. District Court for the District of Minnesota (filed under 28 U.S.C. § 351)

• D.V.D. v. DHS (Supreme Court stay on third-country removals)

• Trump v. Internal Revenue Service (11th Circuit, the "slush fund" case)

• CNN et al. v. Trump (White House press access)

• USPS v. California et al.

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VR45 - Today on Vapid Response: 25 years after the terror attacks of September 11, 2001, we look back on the Forrest Gump of monstrously bad legal takes: former DOJ lawyer and current UC Berkeley law professor (!) John Yoo. We go back to the primary sources to show how the Office of Legal Counsel explicitly authorized torture, indefinite detention in Guantanamo Bay, and warrantless surveillance of U.S. citizens before giving Secretary of State Marco Rubio a chance to explain why the world should never hold the United States accountable for any of it.

Cases and sources discussed:

• “Time to Think About Torture,” Jonathan Alter, Newsweek (11/4/2001)
• “Is There a Tortuous Road to Justice?” Alan M. Dershowitz, LA Times (11/8/2001)
• Memorandum for John Rizzo, Acting Counsel for the CIA, DOJ Office of Legal Counsel (August 1, 2002)
• Possible Habeas Jurisdiction Over Aliens Held in Guantanamo Bay, Cuba, Patrick Philbin & John Yoo (December 28 2001)
• Constitutionality of Amending Foreign Intelligence Surveillance Act to Change the "Purpose " Standard for Searches, John Yoo (9/25/2001)
• “Why We’re Dismantling the ICC,” Secretary of State Marco Rubio (July 14, 2026)

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OA1300 - The “insanity defense” might sound like a relic of a time when mental illness was viewed through the lens of demons and witches, and it turns out it is… but also maybe it’s kind of woke? Jenessa walks us through the history of Old English and Early American iterations of the defense, various tests that are applied today, and what happens afterwards that most people don’t get to see.

Cases and sources discussed:

• Chris Liberati-Conant “It’s Time To Take ‘Hygiene’ out of the Mental Hygiene Law”

• Legal Information Institute summary of insanity defenses

• NY Criminal Procedure Law § 330.20

• “Law and the Mental Health System”

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OA1299 - This week on Rapid Response Friday: what crimes might Senator Susan Collins (R-ME) have been complicit in, and why won't she ever be prosecuted for any of them? We go deeper into the law behind the facts exposed in ProPublica's outstanding investigation into her SuperPAC's coordination of illegal campaign contributions from a naval defense contractor.

We then take a closer look at another damning investigation, this time of the Florida state-run immigration facility formerly known as "Alligator Alcatraz" from a surprising source: the Department of Homeland Security's Office of the Inspector General. We already knew this place was an illegal black site polluting a delicate Everglades ecosystem on tribal lands, but this report documents something much worse. If a Trump loyalist is willing to put some of this stuff into writing how much worse must the truth be?

Finally, in this week's footnote: yet another dismal milestone for AI in the law as a New Mexico attorney is forced to defend an appellate brief in which ChatGPT made up the law and the facts.

Cases and sources discussed:

• “The FBI Anti-Corruption Squad Was Circling Susan Collins — Until Trump Got in the Way,” William Turton, Avi Asher-Schapiro, Molly Redden, and Kristen Berg, ProPublica (9/22/2026)
• Indictment in U.S. v. Kao et al (2/10/2022)
• “Unannounced Inspection of ICE’s Florida Soft-Sided Facility (“Alligator Alcatraz”) in Ochopee, Florida,” Department of Homeland Security Office of Inspector General (9/11/2026)
• In Re Stephen Aarons, New Mexico Supreme Court #S-1-SC-40845
• Show Cause Hearing: State v. Sandoval, S-1-SC-40845 (8/21/2026)

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Coyote vs. Acme is such a fun movie. Thomas and Lydia saw it with the kids, Matt tried to borrow some kids to see it with, and has some fun legal observations for us.

BUT! Before that, it's a special series premiere of ACCOUNTING'ed AWFUL MOVIES! Because there is some real financial shenanigans with this movie. Everyone says it got shelved for tax reasons. But that's wrong! It's actually so much worse than that...

$2+ Patrons already have the full episode at patreon.com/law.

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OA1298 - Voting rights attorney Jenessa is back with a sprawling tour of election chaos, starting with the Supreme Court's unsigned order in USPS v. California: nobody knows the vote count, and the real fight on the merits waits for 2028. Then: the USPS whistleblower letter reveals a system built on oral-only instructions and batch ballot rejection for any single problem, from a mismatch to a misscanned barcode. Meanwhile, a district court in DSCC v. Trump adds another layer: an injunction that even bars states from volunteering. Next, a USCIS whistleblower letter exposes an unlawful voter-fraud investigation targeting naturalized citizens, built on private corporate databases and vibes, with data gaps the training video promises will be filled by, quote, “supplemental magic.” Finally, Missouri redistricting: how the chaos unfolded from dueling maps to a secretary of state whose compliance plan was apparently to “evaluate options” until a judge told him otherwise, all captured in a contempt hearing you have to hear to believe.

Cases and sources discussed:

• USPS v California, 609 U.S. ___ (2026)
• DSCC v Trump, (D.D.C. 2026)
• USPS whistleblower letter (August 31, 2026)
• USCIS whistleblower letter (September 13, 2026)
• Hugh Cameron (September 10, 2026), Missouri’s Midterm Map Fight: How the Chaos Unfolded, Newsweek.
• Contempt hearing for Hoskins at Missouri Supreme Court

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OA1297 - This week on Rapid Response Friday: SCOTUS once again confirms the color of the sky, the latest failures in DOJ’s attempts to prosecute Trump’s political opponents, why the most important immigration agency you’ve never heard of has decided as a matter of law that Trump fixed Venezuela by illegally kidnapping its president, and how NYC mayor Zohran Mamdani is  trying to stop Trump 2.0 from bringing new life to one of the worst failed immigration policies of 1.0.

Finally, in today’s footnote: Kash Patel screws the pooch while trying to explain the FBI’s bizarre new hiring guidelines in some of the funniest Congressional testimony we’ve ever heard.

1. USPS v. California et al, 609 U. S. ____ (2026)

2. Audio from Fourth Circuit oral arguments in U.S. v. James (9/15/26)

3. Matter of A-E-V-M-, 30 I&N Dec. 20 (BIA 2026) 

4. Complaint in New York et al v. Mullin et al, SDNY Case #1:26-cv-07978 (9/14/2026)

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VR44 - This week on Vapid Response: we survey some of MAGA’s worst takes on the recent mistrial of Lindsay Clancy, all the way from “women are too woke and emotional to be on juries," to “the man who acted out of emotion to ignore the law is the true hero.” Also: the manosphere’s casual endorsement of domestic violence against women who want to talk about their own mental health, and a quick refresh on the incredibly nuanced reality of a mental health defense in Massachusetts.

You can watch the episode here!

1. Jury instructions in Commonwealth v. Clancy, delivered August 26, 2026 

2. “Lindsay Clancy’s Activist Jury Is a A Consequence of Democrats’ Soft-on-Crime Creep,” Jordan Boyd, The Federalist (9/14/2026)

3. “What a Lindsay Clancy Juror Said About the Case is Just Insane,” Matt Vespa, Town Hall (9/13/26)

4. “Men, Get Ahold of Your Lindsay Clancy-Supporting Wives and Girlfriends Before It’s Too Late,” Eddie Scarry, The Federalist (8/24/26)

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