Opening Arguments

OA1292 - Jenessa takes us through the Supreme Court's 6-3 shadow docket ruling in Trump v. California, which lifted a preliminary injunction blocking Trump's executive order directing the U.S. Postal Service to gatekeep mail-in ballot delivery before the midterms. Is this a procedural technicality or a five-alarm fire for November? And what does it mean that the Postal Service published its final rule on a Friday night, in apparent violation of an injunction, right before the Court's Monday ruling? Jenessa walks through the chaotic docket, Judge Talwani's genius pivot, and why Justice Jackson's 20-page solo dissent might be the most important thing you read this election season.
Cases discussed:
Trump v. California (Supreme Court shadow docket, 8/25/2026)

League of Women Voters of Massachusetts v. Trump, D. Mass.

DSCC v. Trump, D.D.C.

State of California v. United States Postal Service

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OA1291 - This week on Rapid Response Friday: the single biggest consumer protection settlement ever reached with any U.S. company puts new guardrails on younger social media users, a federal judge refuses to let Steve Bannon off the hook just because DOJ asked him to, an under-the-radar example of ICE’s determination to get around federal court orders, and Trump’s new war on how law schools are accredited. Finally in today’s footnote, we honor absolute legend Dolly Parton with a cosmic coincidence: a special shoutout in a federal judicial decision published on the day we lost her.
Order on government’s motion to dismiss indictment in U.S. v. Bannon (8/26/26)

U.S. v. McIver, Nos. 25-3573 & 26-1122 (3rd Cir. 8/26/26)

Supplemental Findings and Conclusions of Law & Amended Order of Permanent Injunction in Extragrams et al v. Paxton, 

Order in Doe v. Guadian, N.D.MD (8/26/26)

Video for Dolly Parton’s cover of Collective Soul’s “Shine”

VR42 - Thomas, Matt, and Lydia take a long, hard look at America First Legal's podcast "The Arena," hosted by Gene Hamilton, Stephen Miller's longtime ally. AFL runs a segment called "Bad Legal Takes," complete with the silliest jingle for a fascist outlet anyone has ever heard. Also none of the takes are even takes. And they aren't bad. Nor legal.
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OA1290 - Jenessa returns with a surveillance grab bag: a New York mayor declares a bizarre "emergency" to keep her city's Flock cameras running after the city council said no, and a state lawsuit arguing license plate readers are flatly unconstitutional, no federal court needed. Plus a federal bill that could make biased AI hiring and healthcare tools very expensive, and the surprisingly deadly reason some camera poles might already be illegal.
Cases discussed:
Common Council of Troy v. Mantello

Umamoto v. Westchester County

AI Civil Rights Act

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

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

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

The Kentucky Hammer’s 2020 Super Bowl commercial

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

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