Opening Arguments

Trump's Birthright Citizenship Arguments Were Laughed Out of Court

... and they really never should have been laughed in to court in the first place. OA1249 - Solicitor General D. John Sauer got plenty of laughs when he brought his best April Fool’s Day game to the Supreme Court this week, and we’re here to break down the  single stupidest case the federal government has ever presented. Matt brings the receipts to show just how badly the Trump administration’s arguments against the plain text of the Constitution and the binding precedent of U.S. v. Wong Kim Ark (1898) went, and why he is willing to bet his house on the fact that even this SCOTUS will have no choice but to find that “all persons born or naturalized in the United States” means exactly what it says that it means.  1. “Protecting the Meaning and Value of American Citizenship,” [https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/] The White House (1/20/2026) 2. U.S. v. Wong Kim Ark [https://tile.loc.gov/storage-services/service/ll/usrep/usrep169/usrep169649/usrep169649.pdf], 169 U.S. 649 (1898)[PDF] 3. Brief for the Petitioners [https://www.supremecourt.gov/DocketPDF/25/25-365/392236/20260120203524283_25-365BarbaraGovtBr.pdf] in Trump v. Barbara 4. Brief for Respondents [https://www.supremecourt.gov/DocketPDF/25/25-365/396806/20260219162058285_25-365%20Trump%20v%20Barbara%20Respondents%20Brief.pdf] in Trump v. Barbara 5. Trump v. Barbara Supreme Court oral argument transcript [https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/25-365_1b8e.pdf] (4/1/2026) 6. Amicus brief filed by Prof. Evan Bernick & Prof. Jed Shugerman [https://www.supremecourt.gov/DocketPDF/25/25-365/399436/20260226164037333_Bernick-Shugerman%20Amici%20FINAL%20PDFA.pdf] Check out the OA Linktree [https://linktr.ee/openingarguments] for all the places to go and things to do!

LAM1012: The Juror - Preview

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!

Subnautica Part 2 - It Does Not Go Well for Idiot Krafton CEO

Part 2: How Subnautica 2 got its CEO back Welcome back to the strange tale of video game publisher Krafton, the bonus they really didn’t want to pay to developer Unknown Worlds, and the contract dispute that delayed release of the much-anticipated game Subnautica 2. In part 1, we learned the back story behind the tense relationships, and the terms of the contract. Here in part 2, Jenessa walks us through the absolute bench-slap from a judge who has had it up to here with Krafton’s transparent attempts to breach the contract now and justify it later. Come for the drama, stay for the rules of contract law. Fortis v Krafton, C.A. No. 2025-0805-LWW (Del. Ch. 2026). https://courts.delaware.gov/Opinions/Download.aspx?id=392880 [https://courts.delaware.gov/Opinions/Download.aspx?id=392880] Fortis Advisors. https://www.fortisrep.com [https://www.fortisrep.com] Chalk, A. (2026). PUBG maker Krafton is an AI defense company now, signs deal with Korean aerospace firm that includes investment of up to $1 billion aiming 'to expand the physical AI ecosystem'. PC Gamer. https://www.pcgamer.com/software/ai/pubg-maker-krafton-is-an-ai-defense-company-now-signs-deal-with-korean-aerospace-firm-that-includes-investment-of-up-to-usd1-billion-aiming-to-expand-the-physical-ai-ecosystem/ [https://www.pcgamer.com/software/ai/pubg-maker-krafton-is-an-ai-defense-company-now-signs-deal-with-korean-aerospace-firm-that-includes-investment-of-up-to-usd1-billion-aiming-to-expand-the-physical-ai-ecosystem/] Winslow, L. (2025). Subnautica 2 devs claim there’s no GenAI in game after publisher’s “AI first” shift. Gamespot. https://www.gamespot.com/articles/subnautica-2-devs-claim-theres-no-genai-in-game-after-publishers-ai-first-shift/1100-6535799/ [https://www.gamespot.com/articles/subnautica-2-devs-claim-theres-no-genai-in-game-after-publishers-ai-first-shift/1100-6535799/]

Social Media Is a Defective Product

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. 1. Complaint in K.G.M. v. Meta [https://www.aei.org/wp-content/uploads/2026/02/KGMSecondAmendedShortFormComplaint.pdf?x97961], filed April 28, 2025 in LA Superior Court 2. Exclusive: ICE’s Bounty Hunters [https://www.kenklippenstein.com/p/exclusive-ices-bounty-hunters], Ken Klippenstein (March 24, 2026) 3. Leaked spreadsheet of ICE 287(g) payouts [https://www.kenklippenstein.com/api/v1/file/55867196-3f73-4a80-af00-545c094ad18c.pdf] [PDF] 4. Complaint in Freeman v. Wolff [https://www.sdnyblog.com/files/2025/11/22-Civ.-02435-2022.05.23-First-Am.-Compl.pdf], filed May 23, 2022 in SDNY 5. Summary judgment order in Freeman v. Wolff [https://lunch.publishersmarketplace.com/wp-content/uploads/2026/03/Wolff-judgment.pdf], March 16, 2026 (McMahon, J.) Check out the OA Linktree [https://linktr.ee/openingarguments] for all the places to go and things to do!

Pete Hegseth's books are racist trash written in crayon. We've got some highlights for you.

VR26 - Matt read not one but TWO of Pete Hegseth's "books." The awful xenophobic, genocidal crap contained therein might help explain the Iran War.