Atlantic publishes Caitlyn Flanagan's love letter to Bari Weiss for some reason

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. “Don’t Bet Against Bari Weiss,” Caitlin Flanagan, The Atlantic (10/7/25) “They Became Symbols for Gazan Starvation. But All 12 Suffer from Other Health Problems,” Olivia Reingold and Tanya Lukyanova, The Free Press  “Antifa Denial: How a Violent Anti-Free Speech Group Became a Non-Entity in American Politics,” Jonathan Turley, JonathanTurley.org (10/13/2025) “Declaring Antifa A Terrorist Organization Could Achieve Its Anti-Free Speech Agenda,” Jonathan Turley (6/4/2020) “Are Antifa Members Domestic Terrorists? Background on Antifa and Federal Classification of Their Actions,” Congressional Research Service (6/9/2020) “Antiracist Skinheads and the Birth of Anti-Racist Action: An Interview With Mic Crenshaw,” Kelly Hayes, OrganizingMyThoughts.org (4/8/2024) “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.  The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North, Prof. Michelle  Adams (2024) Michelle Adams | University of Michigan Law School Milliken v. Bradley, 418 U.S. 717 (1974) “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!

OA1197 - The National Guard is being federalized and sent into cities that the President doesn’t like against the explicit will of state governors and local populations. Matt covers as much as we know from the legal developments around this ongoing national emergency, and Jenessa shares some good news which is already coming out of NY’s recent recently-enhanced equal protection amendment. Finally, in today’s footnote: how do you ticket a car from a moving violation when no one is driving it? NOTE: since the time of this recording, a federal judge has found that the Trump administration’s stated reasons for deploying federal troops in Chicago are “simply unreliable” and blocked the deployment of the National Guard. More next week on this vital story. “Department of Defense Security For the Protection of Homeland Security Functions,” The White House (June 7, 2025)  Affidavit of Portland Police Bureau Assistant Chief of Operations Craig Dobson, filed 9/29/2025 Judge Immergut’s injunction in Trump v. Oregon dated 10/4/2025 9th Circuit’s order staying Judge Breyer’s injunction dated 6/19/2025 Memo from Secretary of Defense Pete Hegseth dated 9/28/2025 ”For Trump Administration, Fighting Crime Takes a Backseat to Immigration Arrests,” The Marshall Project, Beth Schwarzapfel (10/4/2025) Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

We welcome CNN anchor Jake Tapper to discuss his latest book Race Against Terror, a nonfiction legal thriller set in the long-ago world of 2011 in which the U.S. Department of Justice is dedicated to vigorously defending national security through strict adherence to due process and the rule of law. Also discussed: the current state of the media, why the world needed a book about Joe Biden’s mental decline which was released within days of Donald Trump being sworn in for his second term, and why Jake is no longer on speaking terms with the surviving members of Lynyrd Skynyrd. Check out Jake’s latest book Race Against Terror, out this week anywhere you buy or listen to books! You can watch this episode on YouTube, too! Race Against Terror: Chasing an Al Qaeda Killer at the Dawn of the Forever War, Jake Tapper (2025) Original Sin: President Biden's Decline, Its Cover-Up, and His Disastrous Choice to Run Again, Jake Tapper (2025) Lynyrd Skynyrd’s Uncivil War, VH1 (2002)(hosted by Jake Tapper) Check out the OA Linktree for all the places to go and things to do!

OA1196 - This week in our continuing Still Good Law series, Matt and Jenessa take on the 1963 Supreme Court case which is still believed to hold the record for angering the most Americans at the same time: 1963’s Engel v. Vitale. Find out why a decision which even the Warren Court’s conservative justices did not see as particularly controversial to keep New York school administrators from publicly making one 22-word statement to students every morning kicked off a firestorm which is still at the heart of the American culture wars. Engel v. Vitale , 370 U.S. 421 (1963) Engel v. Vitale (New York Supreme Court, 1960) Everson v. Board of Education, 330 U.S. 1 (1947) Massachusetts General Law - Part IV, Title I, Chapter 272, Section 36 (Blasphemy statute) GOD, CIVIC VIRTUE, AND THE AMERICAN WAY: RECONSTRUCTING ENGEL, Corinna Barrett Lain, Stanford Law Review (2015)

OA1195 - How much of the federal government has actually shut down, and why? We explore the truth behind the spin, and Matt breaks the exclusive story of how at least one part of the executive branch appears to be illegally operating at full capacity. We then then connect some of the most fast-moving stories of the past few weeks to bring out the terrifying relationship between the obvious legal issues around the Trump administration’s threats to invade Venezuela, underreported executive actions on “Antifa” and “domestic terrorism” and their broad potential consequences, and the Trump’s recent threat to use US cities as “training grounds” for US troops. Then: good news! Jenessa shares a win on voting rights out of Pennsylvania, and Matt celebrates a resounding victory for the free speech rights of non-citizen students like Rumeysa Ozturk and Mahmoud Khalil from a Reagan-appointed federal judge. Finally, today’s footnote confirms that the Wu Tang Clan is as a matter of law indeed nothing to fuck with. “Stephen Miller takes leading role in strikes on alleged Venezuelan drug boats,” The Guardian (9/29/2025) “Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists” – The White House  (1/20/2025) “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” – The White House (3/15/2025) “Designating Antifa as a Domestic Terrorist Organization” – The White House (9/22/2025) “Countering Domestic Terrorism and Organized Political Violence,” The White House (9/25/2025) Boston senior federal judge William Young’s order in AAUP v. Rubio (9/30/2025) Memorandum & Order Granting and denying parts of Martin Shkreli’s motion to dismiss in  PleasrDAO v. Shkreli (9/25/2025):

OA1194 - NY defense attorney Liz Skeen joins to talk about the evolution (or devolution?) or our Miranda rights in the past several decades. How does an actual criminal defense attorney who deals with these issues every day think about them?

OA1193 - Could Tylenol sue RFK Jr. for libel? Does the pressure the FCC put on Disney/ABC to fire Jimmy Kimmel constitute a First Amendment violation? Is the Trump administration really going to charge rural hospitals $100,000 for the privilege of being able to hire foreign doctors? In today’s Rapid Response Friday we answer all of these recent patron questions and more, and Jenessa shares a personal footnote about her decision to voluntarily take the most specialized bar exam in the US legal system. The Campaign for Accountability’s bar complaint against FCC chairman Brendan Carr  Restriction on Entry of Certain Nonimmigrant Workers, (Presidential Proclamation dated 9/20/2025) US Patent and Trademark Office bar registration page  

We watched the newly-released final episode of HBO’s The Case Against Adnan Syed, and we have questions.  Are the producers really trying to pin the murder of Hae Min Lee on a Black man with obvious mental health issues who was already cleared as a suspect--and did they really need to show the world a fully-nude photo of him to make that case? What is the story that they are trying to tell here, and just how far off is it from the truth? From the libelously deceptive cold open to the slyly deceptive summary of Syed’s post-Serial legal proceedings and beyond, Matt brings his post-conviction expertise to make the case against The Case Against Adnan Syed. FOOTNOTES SIO354: “Serial's Adnan Syed Conviction Reinstated--What Happened? (w/Matt Cameron) (4/4/2023) OA1067: “Adnan Syed Remains a Convicted Murderer” (9/9/2024) State’s Attorney Ivan Bates’s memorandum in support of his Motion to Withdraw the previously-filed Motion to Vacate Judgment 85-page Court of Appeals decision in Lee v. State reinstating Adnan Syed’s conviction (3/28/2023) State’s Attorney Marilyn Mosby’s Sep 14, 2022 motion to vacate Adnan Syed’s conviction Judge Phinn’s September 19, 2022 order on motion to vacate Attorney General Brian Frosh’s statement re: SA Mosby’s motion to vacate Attorney General’s fiery response to Adnan Syed’s motion to disqualify AG’s office from representing the state of Maryland in this appeal More on the feud between the Attorney General and Baltimore City State’s Attorney over the Adnan Syed conviction: “Maryland AG questions integrity of process used to exonerate Adnan Syed,” Maryland Daily Record (10/25/2022)  Full transcription of prosecutor’s handwritten note which Mosby alleged constituted Brady evidence and more information in this Baltimore Banner story: “Was Adnan Syed Note Misinterpreted?” Baltimore Banner, (11/1/2022)  Appellant Young Lee’s brief in Lee v. State  Defendant Adnan Syed’s brief in Lee v. State 2019 Court of Appeals decision finding ineffective assistance of prior counsel in Adnan Syed’s case, but not enough prejudice to justify a new trial: State v. Syed :: 2019 :: Maryland Court of Appeals Decisions  Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

OA1192 - This week in Still Good Law: Katz v. U.S., the 1967 Warren Court case which on its face decided that the Fourth Amendment may apply to a public phone booth. But that’s hardly all: the federal prosecution of nationally-famous bookie Charles Katz also completely changed the entire framework for how U.S. courts understand and interpret the law of searches and seizures and completely upended the concept of Fourth Amendment privacy as it had been understood up until that time. Matt provides the background on Katz and how this case made it to the Supreme Court, Jenessa considers the mental health benefits of being left alone by the government, and we talk through how important this vital holding might still be at a time when we have all given up so many of our privacy rights just by living in 2025. Katz v. U.S. (1967) Goldman v.US (1942) Silverman v. US (1967) Check out the OA Linktree for all the places to go and things to do!