Category: 3-LawSometimeCommentary

VR11 - Today on Vapid Response Wednesday: Thomas, Lydia, and Matt review some of the worst takes to last weekend’s 2700+ “No Kings” events around the U.S. But first, we savor an instant classic of an amuse douche: a recent video of a real-life encounter between a drunk-driving ICE officer and actual law enforcement. We then learn why the National Review is definitely not mad about the No Kings events going so well, and why House Majority Leader Steve Scalise IS mad about the raving socialists of the radical left who have shut down a government full of social programs which Republicans would otherwise absolutely want to fully fund if only they could.

1. Full 30 minute video of ICE officer’s DUI arrest (August 2025)

2. Democrats Look to Rewrite the Narrative with ‘No Kings’ Protests, Brittany Bernstein, National Review (10/20/2025)

3. LEADER STEVE SCALISE: Schumer shutdown hurts families while Democrats rally in DC | Fox News (10/19/2025)

4. “Videos Show ‘No Kings’ Protests Around U.S., World,” CBS News (10/19/2025)

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The President and CEO of the National Constitution Center, Jeffrey Rosen, joins us for a timely discussion of his new book, The Pursuit of Liberty. The relevance to today’s dilemmas is matched only by the fascination of the deep historical analysis and amazing characters the book unearths.  In the differences that separated Hamilton and Jefferson, Professor Rosen finds the genesis of a divide that he maintains has informed most if not all of American constitutional history.  Centralized power versus states’ rights; industrial centers vs rural life; a robust protest culture vs governmental support, and more.  We are honored to celebrate publication (today!) of this important book with its distinguished author.  CLE credit is available for lawyers and judges from podcast.njsba.com.

OA1200 - We've got another great law and science episode for ya! Are polygraphs admissible? Do they work? Matt and Jenessa talk about the history, law, and science of polygraphs, and how criminal courts treat scientific testimony in general.

Check out the OA Linktree for all the places to go and things to do!

Leah, Kate, and Melissa break down last week’s agonizing two-and-a-half-hour oral argument in Louisiana v. Callais, a case that could see the already weakened Voting Rights Act gutted even further. They highlight the themes that emerged and dig into the case’s broader context with Sam Spital, Associate Director-Counsel at the Legal Defense Fund, then recap the week’s other arguments and the latest legal news. Finally, Leah talks with Joyce Vance about her new book, Giving Up Is Unforgivable: A Manual for Keeping a Democracy.

Favorite things:

• Leah: The Bow Street Runners series, Lisa Kleypas; Flirting Lessons, Jasmine Guillory
• Kate: What Are We Living Through? By Jedediah Britton-Purdy & David Pozen (Boston Review); Originalist ‘Bombshell’ Complicates Case on Trump’s Power to Fire Officials, Adam Liptak (NYT)
• Melissa: The Lawyer, the Witch, and the Witness: Proving Witchcraft in the English Courts, Trace M. Maddox (Yale Journal of Law & the Humanities); Slow Dance, Rainbow Rowell; One Battle After Another

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com

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Janai Nelson, president of the NAACP Legal Defense Fund argued in defense of the Voting Rights Act in the pivotal Supreme Court case,  Louisiana v Callais this week. Nelson joins Dahlia Lithwick on this episode of Amicus to probe the implications of the case for voting rights around the country, and the role of the Supreme Court in a democratic system. Nelson warns that while the consequences of losing Section 2 would be catastrophic, t many Americans are unaware how much of their democracy is undergirded by the rights accorded in the 14th and 15th amendments, and effectuated by the Voting Rights Act. Their conversation delves into the historical context of voting rights, the importance of precedent, and the unfinished, but essential, struggle for racial justice in America.
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OA1199 - Voting rights expert Jenessa Seymour takes us through this week’s oral arguments in one of the most important cases before the Supreme Court this term: Louisiana v. Callais, which has the potential to end some of the most important protections in the Voting Rights Act and allow states to openly racially gerrymander their electoral districts. Also discussed: a related New York state case which may be affected by Callais, and a footnote on what one lying Chicago cop was willing to do to get out of dozens of traffic and speeding tickets--and how actual justice has finally caught up with him.

1. Louisiana v. Callais Supreme Court docket

2. Oral arguments in Louisiana v Callais(10/15/2025)

3. 52 U.S.C. § 10301 (Sec 2 of the Voting Rights Act)

4. Thornburg v Gingles, 478 U.S. 30 (1986)

5. Rucho v. Common Cause 588 U.S. 684 (2019)

6. Full text of NY’s John L. Lewis Voting Act

7. Submit a comment on the Election Assistance Commission’s proposal to add a proof-of-citizenship requirement to the federal voting registration form

8. “Chicago Cop Who Falsely Blamed an Ex-Girlfriend for Dozens of Traffic Tickets Pleads Guilty but Avoids Prison,”  Jennifer Smith Richards and Jodi S. Cohen, ProPublica (10/2/2025)

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As we continue to wade into the Supreme Court term, developments are taking place in several cases we are following. Professor Amar’s students are making constitutional news all over the place, it seems; several of them have converged on the tariff case once again, as well as now the unitary executive issues.  A new article made a splash, and it prompts us to harken back to an old one - a 1996 article by Professor Amar, in fact, which has new and possibly crucial relevance.  We begin to address some of these matters as this broad landscape takes us on legal travels that we can only begin to traverse.  CLE is available for lawyers and judges from podcast.njsba.com.

It’s Vapid Response Wednesday, and Thomas, Lydia, and Matt are back to take apart more bad-faith nonsense from some of the worst people in public life. First up: The Atlantic's Caitlyn Flanagan on why it is totally fine that her good friend Bari Weiss is taking over one of the most prestigious news organizations in the United States after running a glorified blog which has been liberated from any reasonable idea of journalistic standards.  MAGA law professor Johnathan Turley then completely fails to explain why capital-A “Antifa”--a set of tactics and ideas which he has previously acknowledged in writing is not actually a “group” and should not be treated as one--is actually a group which should be treated as one. Finally, Newsweek-ruiner Josh Hammer makes his second appearance on Vapid Response Wednesday as he responds to some weird nonsense from Candace Owens.

1. “Don’t Bet Against Bari Weiss,” Caitlin Flanagan, The Atlantic (10/7/25)

2. “They Became Symbols for Gazan Starvation. But All 12 Suffer from Other Health Problems,” Olivia Reingold and Tanya Lukyanova, The Free Press 

3. “Antifa Denial: How a Violent Anti-Free Speech Group Became a Non-Entity in American Politics,” Jonathan Turley, JonathanTurley.org (10/13/2025)

4. “Declaring Antifa A Terrorist Organization Could Achieve Its Anti-Free Speech Agenda,” Jonathan Turley (6/4/2020)

5. “Are Antifa Members Domestic Terrorists? Background on Antifa and Federal Classification of Their Actions,” Congressional Research Service (6/9/2020)

6. “Antiracist Skinheads and the Birth of Anti-Racist Action: An Interview With Mic Crenshaw,” Kelly Hayes, OrganizingMyThoughts.org (4/8/2024)

7. “Josh Hammer Responds Directly to Candace Owens’s Attack on Him,” Youtube (10/10/2025)

OA1198 - In this very special episode, Matt catches up with his Constitutional law professor for the first time in 23 years!  We follow up with our closer look at the science behind Brown v Board (OA1186) with University of Michigan Law professor Michelle Adams, who takes us through the fascinating and ultimately tragic story of how the promise of Brown ended twenty years later in the struggle to overcome de facto segregation in her hometown of Detroit. Professor Adams has literally written the book on this subject, and if you enjoyed this conversation be sure to pick up her recent masterwork The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North. 

1. The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North, Prof. Michelle  Adams (2024)

2. Michelle Adams | University of Michigan Law School

3. Milliken v. Bradley, 418 U.S. 717 (1974)

4. “Mapping Inequality,” University of Richmond (interactive maps of redlining in major US cities)

Check out the OA Linktree for all the places to go and things to do!

Leah, Melissa, and Kate are back in business, breaking down this term’s first week of arguments at SCOTUS, including a challenge to Colorado’s ban on conversion therapy for minors. Also covered: the indictment of New York’s Attorney General Letitia James, the continuing legal fights against Trump’s efforts to send the National Guard into Portland and Chicago, and Attorney General Pamela Jo Bondi’s pugnacious testimony before the Senate Judiciary Committee. Then, Kate and Leah speak with Yale Law Professor John Fabian Witt about his book The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America, which chronicles how philanthropist Charles Garland bankrolled progressive causes through his American Fund for Public Service.

• If you want to learn more about Buck v. Bell (the 1927 case Justice Alito referenced in the Chiles arguments), listen to our deep dive from 2020

Favorite things:

Leah: Protest videos from Portland and Chicago; The Sentimental Garbage podcast on The Life of a Showgirl

Kate: Writers & Lovers by Lily King, Creation Lake by Rachel Kushner; Red Clover Ranch in Wisconsin; wine and cider from Las Mujeres

Melissa: Vision & Justice; Miss Toy Poodle on Instagram

Leah will be in conversation with UCLA Law Professor Rick Hasen at the Hammer Museum in Los Angeles on Tuesday, Oct 14, 2025 at 7:30 PM. Details here.

Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Get tickets to CROOKED CON November 6-7 in Washington, D.C at http://crookedcon.com

Follow us on Instagram, Threads, and Bluesky

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.