Opening Arguments

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

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

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

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

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

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

“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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OA1296 - Dave Wedge is a veteran Boston reporter and New York Times bestselling author who covered (among many other things) hundreds of murder trials as a reporter for the Boston Herald and other local outlets. Dave joins OA to discuss his new book Blizzard of Lies, the definitive account of the prosecution and two unsuccessful attempts to prosecute Karen Read for the still-unexplained death of Boston police officer John O’Keefe. Beyond its excellent coverage of one of the most infamous prosecutions in modern Massachusetts history, Dave’s book takes an objective look at the case for a fascinating snapshot of how, among other things: so-called “forensic fandom” in independent and social media has driven public perception of the justice system-, Aiden “Turtleboy” Kearney’s aggressive and questionably ethical independent coverage propelled the trial into international news, and the “Free Karen Read” movement may have influenced the defense, the prosecution, and the outcome of a case which Dave convincingly argues may be an unfortunate turning point in American legal history.
Blizzard of Lies is this month’s OA Book Club selection! Patrons at every level are invited to join at 4:30 PM EST on Sunday September 27th before we discuss the book.
Dave Wedge’s website

Blizzard of Lies: Karen Read, John O’Keefe, and the Shocking Unsolved Murder in Cop Town, USA, Dave Wedge (2026)

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OA1295 - Today on Rapid Response Friday: your questions about the Lindsay Clancy mistrial, actual justice for the Tate brothers, Trump’s mystery meat, and the Fifth Circuit’s extremely normal holding that there is no cognizable Constitutional right to clean water and/or honest government.
Finally, today’s footnote recognizes the 60th anniversary of the original Star Trek series with a five-minute mission to boldly go where no podcast has gone before: the strange new world of a poorly-drafted clause in creator Gene Roddenberry’s divorce settlement which was more trouble than a cargo hold full of Tribbles.
“Further Ensuring Affordable Beef For the American Consumer,” The White House (8/26/26)

“Why Did Trump Order Up 660 Million Pounds of Mystery Meat?”, Ercic Schlosser , The New York Times  (9/7/26)

Sterling et al v. City of Jackson, No. 24-60370 (5th Cir., 9/4/2026)

Roddenberry v Roddenberry, 44 Cal. App. 4th 634 (1996) 

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