Opening Arguments

VR31 - Is Justice Clarence Thomas the single most interesting person in American public life right now? Matt is here to argue that case upon the dismal milestone of Thomas officially becoming the second longest-serving justice in US Supreme Court history. After a brief homage to Anita Hill’s tenacity at Thomas’s 1991 Senate confirmation hearing, we try to better understand the mind of this unusual man who has done uniquely massive amounts of damage to our legal system and our rights through a review of a speech he recently delivered at the University of Texas at Austin’s Civitas Institute. Why did a former supporter of Malcolm X and the Black Panthers get fully behind the Reagan agenda, and why does he now believe that there is nothing wrong with Black Americans that harsher policing, the end of affirmative action, and lowering taxes on billionaires can’t fix? Does he know that the intended audience of libertarian conservative Black nationalists he is trying to speak to is approximately the same size as the dedicated core of lefty capital-P Progressive devotees of Woodrow Wilson he is telling them to fear? Also, perhaps less importantly--where, exactly, is “Skanksville”? “Remarks on the 250th Anniversary of the Declaration of Independence,” Clarence Thomas (full text of address given April 20, 2026)(full video here) The Enigma of Clarence Thomas, Corey Robin (2019)

OA1250 - A fall out of bed during a vacation in Delaware turned into a Supreme Court case, decided this term, that could have big implications for states’ rights to limit tort suits… in federal court. Did Delaware take a good-faith precautionary measure to reduce frivolous medical malpractice lawsuits? Or did they put up an unfair barrier to plaintiffs who deserve restitution? Perhaps reasonable people can disagree on that. But in the rare circumstance you manage to bring that state tort case into a federal courtroom, SCOTUS ruled 9-0 that it’s clear Delaware’s rule is a step too far. (They can still do what they want in their own courts, but not here). How far-reaching will the consequences be? Legal reporting seems split! Come for the (brief, not too gory) medical drama, stay for the review of the Erie Doctrine so you can pass your Federal Civil Procedure class. A nice chill case where the world isn’t burning down and the justices mostly act like normal respectful people. Berk v. Choy, 607 U.S. ___ (2026) Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938) Rules Enabling Act of 1934: 28 U.S.C. § 2071-2077 Federal Rules of Civil Procedure Robert Niles-Weed, A Sleeper Supreme Court Case Opens Door to More Frivolous Suits, Bloomberg Law, Mar. 3, 2026. Ronald Mann, Justices Reject State Limits on Malpractice Actions for Cases in Federal Court, SCOTUSblog, Jan. 21, 2026. Check out the OA Linktree for all the places to go and things to do!

This LAM was so much fun I wanted to make sure everyone could hear it! Well, at least a good chunk of it anyway. If you'd like to hear the rest, head to patreon and hit that $2 level or above! If you love the 90s, and peak Alec Baldwin, you will love this one. And Thomas did. As usual, Matt read the book. And Lydia can remember people's names. Everyone is bringing their best to this LAM!

OA1247 - Should social media companies be held responsible for the addiction and other harms their features and algorithms have caused to users? A California jury thought so this week, and in this episode recorded within hours of this historic verdict--and the day after another similar win in New Mexico--we examine the legal basis for this suit and what this might mean for thousands of similar legal actions now pending against Meta, TikTok, YouTube, and others around the U.S. Matt also explains why Trump is sending ICE agents to US airports, and how a little-noticed new addition to an existing DHS program has turned some state and local cops into immigrant bounty hunters. Finally, we go a little deeper than usual in today’s footnote to honor the sacrifice of a federal judge in the Southern District of New York who read more than 6,000 pages of “romantasy” fiction to determine as a matter of law that a book about a part-witch/part-shapeshifter/part-demon who moves from San Diego to Alaska after the death of a parent to meet a hot guy with mysterious powers while discovering her own in urban Anchorage is not “substantially similar to a discerning ordinary reader” to a book about a half-witch/half-gargoyle who moves from San Diego to Alaska after the death of a parent to meet a hot guy with mysterious powers while discovering her own in a remote Gothic castle. Complaint in K.G.M. v. Meta, filed April 28, 2025 in LA Superior Court Exclusive: ICE’s Bounty Hunters, Ken Klippenstein (March 24, 2026) Leaked spreadsheet of ICE 287(g) payouts [PDF] Complaint in Freeman v. Wolff, filed May 23, 2022 in SDNY Summary judgment order in Freeman v. Wolff, March 16, 2026 (McMahon, J.) Check out the OA Linktree for all the places to go and things to do!

OA1246 - Part 1: “The AI was nicer about it” and other reasons I ignored my lawyer: the Subnautica 2 story ChatGPT cannot warp space-time to make you un-sign that contract. Unfortunately for video game publisher “Krafton”, the world’s-best-cheerleader will instead gently tell you that your intention to break an air-tight contract without illegally breaching it will be difficult, and then give you a plan to try anyway. Team of lawyers screaming “please god stop” be damned. The plan worked great, right up until it hit a judge. Developer “Unknown Worlds”, creator of the hit game “Subnautica” just won a substantial victory for breach of contract against Krafton, securing the reinstatement of their own CEO, and probably a massive bonus in the process. In part 1, Jenessa walks us through the story of how Unknown Worlds was formed, why they sold to Krafton, the terms of the contract, how the relationship went south, and why “Subnautica 2” got delayed. Tune in to part 2 to hear how the lawsuit was decided. Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026). Fortis Advisors Weisdorfer, E. (2024). Transformative play: The legalities of modding in the video game industry. Cybaris, 16, 79-115. Check out the OA Linktree for all the places to go and things to do!

Hey folks, no video this week so instead I wanted to give you another episode of our new trial over on Gavel Gavel, US v. Dunn! This is episode 2 (we have released 4 on the Gavel Gavel feed, check it out!) Matt takes us through the pretrial motions. It's an interesting episode even as a standalone law breakdown, so check it out!