The New Cover on Alito's TPS Reports Is for Racism

OA1276 - Who could have predicted this? Us! The Trump administration has made their complete disdain for people with disabilities clear since day one. We’ve called it out before, and the natural progression of those efforts came to a head mid-June when they announced their intention to turn over governance of special education to RFK Jr in HHS (least trusted man in America when it comes to the needs of your child with a disability), continue dismantling the Department of Education overall, further reduce their investigations of educational discrimination, and, just two days later, their commitment to overturning major protections against forced institutionalization. What’s happening, how did we get here, why does it matter, and what can anyone do about it? Tune in to find out. OA episode callbacks: 1238 Deep dive on Olmstead 1180 the history of forced institutionalization and “ugly laws”, and the executive order “Ending crime and disorder on America’s streets” 1141 The Section 504 protests 1171 A.J.T. v Osseo area schools (rights to accommodations for students with disabilities) Part 1; attempted dismantling of Olmstead: Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (1999) 28 C.F.R. § 35.130(d) Exec. Order No. 14321, 90 Fed. Reg. 35817 (Jul 24, 2025) Application of the Rehabilitation Act and Americans with Disabilities Act to State Institutionalization of Patients with Severe Mental Illness or Disabilities, 50 Op. O.L.C. __ (June 18, 2026) Part 2; the dismantling of the Department of Education: Exec. Order No. 14242, 90 Fed. Reg. 13679 (Mar. 20, 2025) Compl., State of New York v. McMahon, No. 1:25-cv-10601 (D. Mass. amended 01/09/2026) McMahon v. New York, 606 U.S. ___ (2025) Interagency Agreement Between the U.S. Department of Education and U.S. Department of Labor Relating to the Office of Elementary and Secondary Education (OESE) (plus addendums) Christy Wolfe (Dec. 16, 2025), Transferring K-12 Programs to Labor: Why Costs and Logistics Could Be a Problem for States and Schools, Bipartisan Policy Center Jennifer Smith Richards & Jodi S. Cohen (Mar. 2, 2026), ProPublica Sues Education Department for Withholding Records About Discrimination in Schools, ProPublica. U.S. Government Accountability Office (Feb. 2, 2026), Department of Education: Full Costs and Savings Estimate Needed for Reduction-in-Force and Restructuring of the Office for Civil Rights. U.S. Dept. of Education (June 16, 2026). U.S. Department of Education Announces Additional Partnerships to Strengthen Coordination for Individuals with Disabilities Programs, Bolster Civil Rights Enforcement. A.J.T. v. Osseo Area Schools, Independent School Dist. No. 279, 605 U.S. 335 (2025) Section 504 of the Rehabilitation Act of 1973: 29 U.S.C. § 794 Individuals with Disabilities Education Act: 20 U.S.C. § 1400-1409 Check out the OA Linktree for all the places to go and things to do!

OA1275 - As June ends and another Supreme Court Season wraps, it is time to look back and survey the damage: significant blows to voting and trans rights, harder times for immigrants throughout the system, and a vast expansion of executive powers. But we also go beyond the headlines to see what has been going on with some of the Court’s more routine business. What can we learn from their more mundane 9-0 decisions--and can we actually find some good news here among the wreckage? Matt does his best. Finally, in today’s seasonal footnote: why the world believed for exactly five minutes that Samuel Alito had closed Supreme Court Season by announcing his retirement on Tuesday, and what we can learn from this weird mistake about how mainstream media covers the Supreme Court. Executive Power / Immigration Trump v. Barbara — 25-365 (June 30, 2026)(birthright citizenship) Learning Resources v. Trump — 24-1287  (Feb. 20, 2026) (IEEPA tariffs) Trump v. Cook — 25A312 (June 29, 2026) (Fed removal) Trump v. Slaughter — 25-332 (June 29, 2026) (FTC removal) Mullin v. Doe — 25-1083 (June 25, 2026) (TPS) Mullin v. Al Otro Lado — 25-5 (June 25, 2026) (asylum at the border) Blanche v. Lau — 25-429 (June 23, 2026)(LPRs at the border) Urias-Orellana v. Bondi — 24-777 (Mar. 4, 2026) (asylum standard of review) Criminal Law Barrett v. United States — 24-5774 (Jan. 14, 2026) (§924(c)/(j) stacking) Bowe v. United States — 24-5438 (Jan. 9, 2026) (successive §2255 petitions) Ellingburg v. United States — 24-482 (Jan. 20, 2026) (restitution / Ex Post Facto) Chatrie v. United States — 25-112 (June 29, 2026) (geofence / 4A) United States v. Hemani — 24-1234 (June 18, 2026) (cannabis & 2A rights) Hunter v. United States — 24-1063 (June 18, 2026) (appeal waivers) Pitchford v. Cain — 24-7351 (May 28, 2026) (Batson / AEDPA challenge) Olivier v. City of Brandon — 24-993 (Mar. 20, 2026) — (§1983 rights with prior conviction) Case v. Montana — 24-624 (Jan. 14, 2026) (emergency-aid / 4A) Villarreal v. Texas — 24-557 (Feb. 25, 2026) (counsel during recess) Clark v. Sweeney — 25-52 (Nov. 14, 2025) (habeas / new-trial reversal) Civil/Voting Rights Landor v. Louisiana DOC — 23-1197 (June 23, 2026) (RLUIPA damages)  Louisiana v. Callais — 24-109 (Apr. 29, 2026) (Voting Rights Act §2) West Virginia v. B.P.J. — 24-43 (June 30, 2026) (trans student athletes) Wolford v. Lopez — 24-1046 (June 25, 2026) (2A concealed carry) Chiles v. Salazar — 24-539 (Mar. 31, 2026) (conversion therapy) NRSC v. FEC — 24-621 (June 30, 2026) (1A / campaign finance) Procedural Issues Enbridge Energy v. Nessel — 24-783 (Apr. 22, 2026) (removal deadline)  Coney Island Auto Parts v. Burton — 24-808 (Jan. 20, 2026) (Rule 60(b)(4) finality) Other SCOTUSblog Stat Pack (2025-2026)[PDF] “NPR retracts story about Alito retirement,” Kelly McBride, NPR (June 30, 2026) Check out the OA Linktree for all the places to go and things to do!

VR36 - In Mullin v Doe, Samuel Alito just proudly stripped Temporary Protected Status from more than one million people who were lawfully living and working in the US as of the time of the decision--and all on the shadow docket, without even waiting for the full merits of the case to be heard. We go deep today on what may go down as his single worst majority opinion to consider Alito’s explanations of how some of the most disgustingly racist things a sitting US president has ever said in public (most of which were in support of his decision to terminate TPS for Haitians) couldn't have possibly related to why Trump decided to terminate TPS for Haitians.  We close with a quick look at Clarence Thomas's concurrence iin which he yearns for a return to simple times when the federal government was not expected to provide equal protection under the law to anyone--but most especially not immigrants. Mullin v. Doe (June 25, 2026)(Alito, J.) Appendix with emails filed into Mullin v. Doe (June 16, 2026) Mullin v. Doe oral argument transcript (April 29, 2026) Memorandum Opinion, Miot v. Trump, D.C. Dist. Ct. #25-cv-02471 (Feb 26, 2026)(Reyes, J.)  

OA1274 - Can you sue if someone posts something nasty about you online? I mean maybe, but not like this. In today’s episode, Lydia introduces us to the wild world of “Are We Dating the Same Guy?” and Jenessa walks us through a lawsuit that trips over its own feet while trying to take them down. It’s a great opportunity to learn about some interesting Illinois laws against doxxing and your right to your likeness, and why the plaintiff failed miserably at mobilizing those laws in his favor. …Also, it wouldn’t be a modern drama-filled lawsuit without attorneys using AI and failing to fact check. Tune in to hear a judge rage against the lying machine, and the lawyers that used it. D'Ambrosio v Meta Platforms, Inc., No. 25-2231 (7th Cir. 2026) Oral arguments Docket Permalink to Marc Trent’s website Sanction laws: Fed. R. Civ. P. 11. Fed. R. Civ. P. 38. 28 U.S.C. § 1927 28 U.S.C. § 1912 Check out the OA Linktree for all the places to go and things to do!

OA1273 - On June 23, 2026, eight people were sentenced in DOJ’s first so-called “Antifa” terrorism prosecution by federal judge Reed O’Connor in the Northern District of Texas to a combined 450 years in federal prison for their participation in a protest held at the Prarieland ICE detention facility on July 4th, 2025. Six of these defendants were charged with what amounted to being present at (or in the vicinity of) the protest, and one who wasn’t even there received 30 years for moving a box of First Amendment-protected publications. In this continuing coverage of one of the most unjust criminal prosecutions of the second Trump administration, Matt goes deep on the government’s case to show just how shoddy the “material support for terrorism” charges really were, and how DOJ used a few text messages, some consumer fireworks shot off on the 4th of July far from any people or property, and $4805.95 in property damage to engineer sentencing enhancements which virtually guaranteed that these protesters would receive harsher punishments than many defendants in the federal system charged with far more serious offenses. What does all of this mean for the future of dissent in the U.S., especially given the national security memo which promised heightened investigation and prosecution of “anti-Americanism, anti-capitalism, [ ]anti-Christianity… and hostility towards those who hold traditional American views on family, religion, and morality” after the assassination of Charlie Kirk? Then in today’s footnote: An Arizona appeals court takes on one man’s truly contemptible email address. OA 1252: “Peaceful Protestors Are Facing Decades in Prison - Inside the Prairieland Trial” (OA interview with Defense Committee member and attorney Xavier de Janon) 18 U.S.C. § 2339A (“Material support” statute)  Full docket in U.S. v. Arnold et al — CourtListener Meet the Defendants (Prairieland Support Committee website) First Superseding Indictment Second Superseding Indictment Jury Verdict Benjamin Song — Rule 29 Motion Maricela Rueda — Rule 29/33 Motion  Benjamin “Champagne” Song’s statement at sentencing (6/23/2026) Defense court-documents hub Commans v. Dunbar, Arizona Court of Appeals #CA-CV 25-0256 (2/6/2026) Check out the OA Linktree for all the places to go and things to do!

OA1272 - We are excited to welcome veteran journalist Peter Canellos to discuss his new book Revenge for the Sixties: Sam Alito and the Triumph of the Conservative Legal Movement. In this first-ever biography of Samuel Alito, Canellos draws from extensive interviews and years of research to provide a complete portrait not only of Alito as a person and a jurist, but of the reactionary conservative legal revolution which helped get him to the Supreme Court. In this conversation we go beyond the basics of the book to discuss (among many other things) who Alito really is, how his early life shaped his view of the world, and why so many people who knew him before his nomination now say that they don't recognize who he became after it.  SAVE THE DATE! Join us  this Sunday June 28th at 4:30 EDT for our first meeting of the OA Book Club--featuring a brief visit from this month’s author Peter Canellos! This new monthly bonus will be available to patrons at every level going forward,, so please subscribe anytime at patreon.com/law! Revenge for the Sixties: Sam Alito and the Triumph of the Conservative Legal Movement, Peter Canellos (2026) Check out the OA Linktree for all the places to go and things to do!

OA1271 - The single stupidest war of choice the U.S. has ever gotten itself into may finally be coming to an end--or at least the concept of a plan for an end? We go beyond the headlines to see what is actually in this thing, and take on some of the most interesting legal questions raised here. How could this possibly bind Israel, a country which specifically refused to be a party to it? How is the U.S. promising a $300 billion investment which hasn’t been authorized by Congress? And how much power does the President of the United States really have to end Congressional and international sanctions? We then take a quick look at how DHS’s  surveillance state is coming along before going deeper on the recent denial of Judge Hannah Dugan’s final effort to vacate her conviction for allegedly obstructing an ICE arrest in her Wisconsin courtroom before sentencing. Finally, a quick hoofnote: is it really possible to accidentally purchase 80,000 pounds of live cattle? Matt reveals the truth behind this week’s funniest legal meme. Full text of U.S./Iran agreement signed June 18, 2026 “Missing children: Mullin describes 'horrific’ migrant child smuggling scheme under Biden admin,”News 3 Las Vegas on YouTube (6/12/2026) Management Alert - ICE Cannot Monitor All Unaccompanied Migrant Children Released from DHS and U.S. Department of Health and Human Services' Custody, Department of Homeland Security Office of the Inspector General (8/19/2024) “Has the US government found 145,000 ‘lost’ migrant children? Fact-checking Kristi Noem,” Politifact via the Minnesota Reformer (3/9/2026) ICE agent calls legal observer 'domestic terrorist', Ken Klippenstein via Breakthrough News on YouTube (1/24/2026) 'There is no database for protestors,' acting ICE director tells Congress, PBS NewsHour on YouTube (2/10/2026) Acting ICE director Todd Lyons’ response to a letter from Congressman Maxwell Frost (D-FL), accessed through NPR (4/21/2026) Mission Creep: AI Surveillance at DHS Crosses Dangerous Line Into Tracking Americans, American Immigration Council (2/6/2026) Declaration of Nicole Cleland in Tincher v. Noem, Minnesota District Court (1/21/2026) “ICE has spun a massive surveillance web. We talked to people caught in it,” NPR (3/5/2026) Decision and Order in United States of America v. Dugan, Eastern District of Wisconsin (6/16/2026) “Livestock,” CME Group (standard settlement procedures) Check out the OA Linktree for all the places to go and things to do!

VR35 - In this episode released on the 54th anniversary of the Watergate break-in, the Vapid Response team raids the archives of the New York Times to retrieve one of the single worst (and worst-timed!) contemporary takes on the scandal which would end Richard Nixon’s Presidency. We then return to a time in which a Watergate-style burglary would be a fun diversion to see how at least one conservative legal writer is defending Trump’s nomination of his former defense attorney to serve as Attorney General. “Comeback Time,” William Safire,  The New York Times (4/19/1973) “Todd Blanche is Unfit for Office,” The Editorial Board, The New York Times (6/15/2026) “Blanche and the New York Times,” Michael Fragoso, National Review (6/15/2026) Opening Arguments Linktree (Patreon, socials, and more): https://linktr.ee/openingarguments

OA1270 - A good court thingie! A famous case from 1986 gave us the “Batson rule” that prevents the use of “peremptory strikes” to remove people from juries on the basis of race. To this day, racial discrimination in jury selection continues to be a problem. But the Supreme Court recently reinforced the on-going utility of Batson challenges in two decisions… written by Kavanaugh? Tune in to learn about the history and modern application of this important protection of our rights. Swain v. Alabama, 380 U.S. 202 (1965) Batson v. Kentucky, 476 U.S. 79 (1986) J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (1994) Flowers v. Mississippi, 588 U.S. 284 (2019) Pitchford v. Cain, 608 U.S. ___ (2026) Batson “Justifications” Catherine M. Grosso & Barbara O’Brien, A Stubborn Legacy: The Overwhelming Importance of Race in Jury Selection in 173 Post-Batson North Carolina Capital Trials, 97 Iowa L. Rev. 1531 (2012). Shamena Anwar, Patrick Bayer, & Randi Hjalmarsson, The Impact of Jury Race in Criminal Trials, 127 Q.J. Econ. 1017 (2011). Check out the OA Linktree for all the places to go and things to do!

Hoo boy what a bizarre experience! Listen as Matt tries to convince us a really bad movie is good just because it deals with immigration law!   If you'd like to hear the rest, go to Patreon.com/law and pledge at $2+!