Opening Arguments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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

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

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

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

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

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