Broken Law: Recent Episodes
American Constitution Society
Ever feel like the law is stacked against you? It probably is. Broken Law speaks truth to power in discussing how our laws and legal system serve the few at the expense of the many. This is where law meets real life. Hosted by the staff of the American Constitution Society, we reckon with the origins of our legal system, interview people on the frontlines of the progressive legal movement, and chat about necessary legal reforms to restore our democratic legitimacy and improve the lives of all people.
In the wake of recent SCOTUS decisions like Dobbs and Skrmetti, the bodies and actions of queer people, mothers, and pregnant people have been increasingly criminalized. Lindsay Langholz is joined by Valena Beety to discuss her new book, Pink Crime: Fighting Against the Criminalization of Motherhood, Pregnancy, and Queer Identity, and how women and queer people are being punished for crimes that never occurred at all.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Valena Beety, Robert H. McKinney Professor of Law, Indiana University Maurer School of Law
Link: Pink Crime: Fighting Against the Criminalization of Motherhood, Pregnancy, and Queer Identity, by Valena Beety (30% off code: TNP30)
Link: Tip that saw Pete Buttigieg separated from his children was not vetted and informant may have been ‘mentally unstable’, by Jasmine Fernández
Link: Post-Dobbs Pregnancy Criminal Cases, Pregnancy Justice
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
In backsliding democracies around the world, civil society organizations have consistently been targeted by government actors in order to stifle dissent and pluralism. ACS Director of Policy and Program Diane Furstenau joins Lindsay Langholz to discuss this pattern and what lessons we can learn from other countries' experiences as we face similar threats at home.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Diane Furstenau, Director of Policy and Program, ACS
Link: Monitor: Tracking Civic Space, CIVICUS
Link: Resource Collections, International Center for Not-for-Profit Law
Link: The Impacts of the Recent Executive Orders on Nonprofits, National Council of Nonprofits
Link: Civil Society Rights & Resiliency Resources, Charity & Security Network
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Checks on executive power have become fully unbalanced, with boundaries and guardrails overrun daily. Congressional leadership unwilling to challenge a president of their own party and an enabling Court have thus far proven largely uninterested in reining in a president who openly defies constitutional and legal constraints on his power. A recent panel at ACS's 2026 National Convention tackles the question of what can be done now to curb executive power and rebalance our branches of federal government?
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Vanita Gupta, Director of the Center for Law and Public Trust, NYU Law
Guest: Harold Hongju Koh, Sterling Professor of International Law, Yale Law School
Guest: Barbara McQuade, Professor from Practice, University of Michigan Law School
Guest: Hon. Jamie Raskin, Member, U.S. House of Representatives for the 8th District of Maryland
Guest: Donald Sherman, President and Chief Executive Officer, CREW
Link: Videos of all 2026 National Convention Panel Conversations Coming Soon
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Since retaking office, the Trump Administration has put the legal profession in the crosshairs through executive orders, administrative rules, and public pressure campaigns targeting lawyers, law firms, and judges. In a recent wave of attacks, the Administration has set its sights on law schools and law students. Amanda Fuchs Miller joins Ashley Erickson to discuss the various levers of federal power being pulled by the Administration to target legal education and what can be done about it.
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Host: Ashley Erickson, Senior Director of Network Advancement
Guest: Amanda Fuchs Miller, President, Seventh Street Strategies
Link: An Under the Radar Attempt to Politicize Federal Funding Needs Your Input, by Amanda Fuchs Miller
Link: Notice and Comment Project, ACS
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
In the final weeks of the 2025-2026 term, the Supreme Court will issue over two dozen decisions in key cases. Before this final stretch, we return to ACS's Supreme Court Preview event to refresh our collective memories on those cases still outstanding and as an opportunity to reflect on what the term has yielded thus far.
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Host: Valerie Nannery, Senior Director of Policy and Program
Guest: Mark Joseph Stern, Senior Writer, Slate Magazine
Guest: Carlos A. Ball, Distinguished Professor of Law and Judge Frederick Lacey Scholar, Rutgers Law School
Guest: Alexis Hoag-Fordjour, David Dinkins '56 Professor of Law and Co-Director of the Center for Criminal Justice, Brooklyn Law School
Guest: Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director of the Supreme Court Litigation Clinic, Stanford Law School
Guest: Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar, Director of the Center for Immigrants' Rights Clinic, and Clinical Professor of Law, Penn State Dickinson Law
Link: ACS National Supreme Court Preview 2025-2026
Link: Supreme Court Term in Review, Georgetown Law on July 1
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Recent reporting suggests the President is flirting with issuing more blanket pardons for political allies and those willing to court his favor. Liz Oyer joins Lindsay Langholz to discuss how the president's pardon power has been used (and abused) in recent years and to understand just how far outside the norms we have strayed.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Liz Oyer of Lawyer Oyer, Former United States Pardon Attorney
Link: Justice Dept. Sets Up $1.8 Billion Fund That Could Funnel Money to Trump Allies, by Glenn Thrush, Andrew Duehren, & Alan Feuer
Link: Trump Promises Mass Pardons to Staff Before Leaving Office, by Josh Dawsey
Link: Lawyer Oyer
Link: Register Here for ACS's 2026 National Convention
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
It has been a tough few weeks for democracy. The US Supreme Court's recent demolition of what remained of the Voting Rights Act, the Virginia Supreme Court's decision to trump the express will of Virginia voters to redraw congressional lines, and southern state legislatures racing to the bottom to strip Black voters of political power have weighed heavily on us all. For our 200th episode, Joyce Vance joins Valerie Nannery to discuss her book, Giving Up Is Unforgivable: A Manual for Keeping a Democracy, and what it will take from all of us to save our democracy.
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Host: Valerie Nannery, Senior Director of Policy and Program
Guest: Joyce Vance, Distinguished Professor of the Practice of Law, The University of Alabama School of Law; ACS Board Member
Link: Giving Up is Unforgivable: A Manual for Keeping a Democracy, by Joyce Vance
Link: Civil Discourse with Joyce Vance
Link: ACS 2026 National Convention details and registration
Link: Register Here for ACS's 2026 National Convention
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
As ACS staff prepares for our 2026 National Convention in Washington, DC, we invite you to revisit two highlights of our 2024 convention for a little inspiration and encourage you to join us for this year's event if you are able. Judge Carlton Reeves (S.D. Miss.) and then-New Jersey Attorney General Matt Platkin delivered remarks on the legacy of Brown v. Board of Education, the role attorneys and law students can play as social engineers, and being a hero for democracy.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Hon. Carlton Reeves, District Judge, Southern District of Mississippi; Chair, U.S. Sentencing Commission
Guest: Matt Platkin, 62nd Attorney General of New Jersey; Partner, Platkin LLP
Link: Register Here for ACS's 2026 National Convention
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Since January 2025, the District of Columbia and its more than 700,000 residents have been under near-constant attack by both the Executive and Legislative branches of the federal government. The federal officials attempting to control the District through legislative action and physical force are not elected by D.C. residents and are not accountable to them. Keya Chatterjee joins Broken Law to describe what has been happening, why everyone should care, and how people are fighting for the right of the people of D.C. to govern themselves.
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Host: Valerie Nannery, Senior Director of Policy and Program
Guest: Keya Chatterjee, Executive Director, Free DC
Link: May Day DC
Link: Anti-DC Congressional Bills Attempt Federal Takeover of DC Criminal Justice and Home Rule, Maryland State & DC AFL-CIO
Link: Putting D.C. in the Chain of Command: Congress Should Reform the DC National Guard’s Outdated and Dangerous Command Structure, by Elizabeth Goitein
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
The Roberts Court has recently used its docket to indulge in growing antidemocratic tendencies, collecting power for itself as it shuts the courthouse doors on those seeking to vindicate their constitutional rights and uphold checks and balances. David Sloss joins Lindsay Langholz to discuss his new book, People v. The Court: The Next Revolution in Constitutional Law, and how power might be rebalanced through a change in judicial review standards.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: David Sloss, John A. and Elizabeth H. Sutro Professor of Law, Santa Clara University School of Law
Link: People v. The Court: The Next Revolution in Constitutional Law, by David Sloss
Link: The Roberts Court's Assault on Democracy, by Judge Lynn Adelman
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
What trust remains in antitrust enforcement under the Second Trump Administration? Diana Moss joins Lindsay Langholz to discuss the Nexstar-Tegna merger, what impact the deal would have on consumers, and why the politicization of regulatory bodies like the FCC threatens due process and the rule of law.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Dr. Diana Moss, Vice President and Director of Competition Policy, Progressive Policy Institute
Link: The Nexstar-Tegna Merger Will Raise Your Cable Bill, and Then Some, by Diana Moss
Link: Resisting the Politicization of Antitrust and Regulation, by Diana Moss
Link: Competition, Progressive Policy Institute
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Katie Gima and Jess Zalph join Ashley Erickson to discuss ACS's Constitution in the Classroom program, including a look at newly released curriculum entitled "Separation of Church and State and the U.S. Constitution" and how to bring this important piece of civic education to a classroom near you.
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Host: Ashley Erickson, Senior Director of Network Advancement
Guest: Katie Gima, Senior Director of Legal Programs & Networking, Americans United for Separation of Church and State
Guest: Jess Zalph, Constitutional Litigation Fellow, Americans United for Separation of Church and State
Link: Constitution in the Classroom
Link: Elementary School Lesson Plan
Link: Middle School Lesson Plan
Link: High School Lesson Plan
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Kim Lane Scheppele joins Valerie Nannery to discuss how America’s slide into autocracy is similar to and different from autocratic shifts around the world, how far America is on the path to autocracy, and what we can all do to stop the descent.
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Host: Valerie Nannery, Senior Director of Policy and Program
Guest: Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs & Director of the Program in Law and Normative Thinking at the University Center for Human Values, Princeton University
Link: Autocratic Legalism, by Kim Lane Scheppele
Link: Trump’s Counter Constitution, by Kim Lane Scheppele
Link: The ‘Big Lie’s’ Autocratic Assault on the Rule of Law: Attorneys Can Stop It, by Jim Saranteas
Link: Become a Poll Worker
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Lindsay Langholz is joined by ACS San Diego Lawyer Chapter leaders Kevin Gregg and Emily Howe to discuss immigration cases making their way through federal courts, who gets to decide who is an American, what protection citizenship or legal status provides, and what it is like to be on the front lines of defending American democracy.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Kevin Gregg, Partner, Kurzban Kurzban Tetzeli & Pratt, P.A. and ACS San Diego Lawyer Chapter Leader
Guest: Emily Howe, Principal, Law Offices of Emily E. Howe and ACS San Diego Lawyer Chapter Leader
Link: The American adoptees who fear deportation to a country they can't remember, by George Wright
Link: Immigration Review Podcast, hosted by Kevin A. Gregg
Link: ACS National Convention 2026
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
The rights protected by the First Amendment to the U.S. Constitution are essential for the proper functioning of a responsive democracy. As we mark the end of the first year of the Second Trump Administration, Nora Benavidez joins Lindsay Langholz to take stock of the effects of a year-long assault on free speech and discuss her recent report, Chokehold: Donald Trump's War on Free Speech & the Need for Systemic Resistance.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Nora Benavidez, Senior Counsel and Director of Digital Justice and Civil Rights, Free Press
Link: Chokehold: Donald Trump’s War on Free Speech & the Need for Systemic Resistance
Link: I Counted Trump’s Censorship Attempts. Here’s What I Found., by Nora Benavidez
Link: Defending Academic Freedom, Episode 175 of Broken Law
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Introducing ACS's New President! Phil Brest joins Lindsay Langholz to discuss his background in judicial nominations, the perspective he brings to his new role, and the political moment we all find ourselves in as he takes the helm at ACS.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Phil Brest, President of ACS
Link: ACS National Convention 2026
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
From detaining student protesters to threatening to deport rival politicians, President Trump has weaponized the immigration system to suppress dissent. Professor Alina Das and advocate Ramya Krishnan join Taonga Leslie to discuss how these attacks chill speech across the board, examine the unique challenges of defending free speech in the immigration context, and describe how lawyers can resist efforts to silence non-citizens and citizens alike.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Alina Das, James Weldon Johnson Professor & Co-Director of the Immigrant Rights Clinic, NYU Law
Guest: Ramya Krishnan, Senior Staff Attorney, Knight First Amendment Institute; Lecturer in Law, Columbia Law School
Link: Opinion, AAUP v. Rubio (Judge Young)
Link: The First Amendment in Flux, ACS Program Guide
Link: Rights Under Attack: DHS Violence Against Journalists, Observers, and Protestors
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
This fall, the Department of Homeland Security descended on the Greater Chicago area as part of an aggressive immigration enforcement campaign targeting Democratic-run cities. Scott Sakiyama joins Lindsay Langholz to discuss his experiences organizing and engaging in efforts to combat authoritarian tactics used by federal agents, what activists in other cities can learn from Chicago, and the importance of taking action now.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Scott Sakiyama, Oak Park, Ill. Attorney and Activist
Link: Oak Park attorney arrested near school says federal agents pointed gun at him, had ‘Chiraq Team 2’ group chat, by Rebecca Johnson
Link: Order and Opinion, Chicago Headline Club v. Noem (Judge Ellis)
Link: Volunteer patrols and the PTA at school entrances: How some Charlotte residents are mobilizing amid the immigration crackdown, by Dalla Faheld, Andy Buck, & Dianne Gallagher
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Indigenous communities are often invited to participate in the conversation about access to their sacred sites but rarely do their interests prevail. Time and again, their input is received and yet made subordinate to competing interests from corporate powers, scientific pursuits, and even recreation. Michalyn Steele joins Lindsay Langholz to discuss how the law could be changed to reorder existing values and give greater weight to Indigenous interests in sacred sites.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Michalyn Steele, Marion G. Romney Professor of Law, BYU Law
Link: The Native American Graves Protection and Repatriation Act as a Model of Cultural Sovereignty for Protecting Indigenous Sacred Sites, by Michalyn Steele
Link: Rethinking Protections For Indigenous Sacred Sites, by Stephanie Hall Barclay and Michalyn Steele
Link: Indigenous Resilience, by Michalyn Steele
Link: Supreme Court spurns Native American religious claim over copper mine on sacred land, by Lawrence Hurley
Link: Native American Rights Fund
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
President Trump is currently remodeling a house that he does not seem keen to move out of when his lease is up. Donald Sherman of CREW joins Lindsay Langholz to discuss the threat of Trump seeking a third term, and why in spite of clear constitutional text, history cautions us to take the threat seriously. They examine the clear text of the 22nd Amendment, the fight over ratification in the states, and why that all matters now.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Donald Sherman, Executive Director and Chief Counsel, CREW
Link: 2 presidential terms, 41 states: the ratification of the 22nd Amendment, CREW
Link: Remarks of Rep. Jennings, Congressional Record (852-853)
Link: A Third Trump Term Is Not the Charm, by Jamelle Bouie
Link: Presidential Term Limits in American History, by Michael Korzi
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Right-wing operatives continue to target diversity, equity, and inclusion programs. Through a growing web of hostile executive orders, state bans, and private lawsuits, enemies of diversity are using law to chill discussion of race, gender, sexuality, and other "divisive" concepts. In the face of these attacks, diversity defenders are turning to the First Amendment — and in many cases, they are winning. Taonga Leslie is joined by practitioners from across the country to explore strategies for using First Amendment principles and precedent to strengthen DEI programs going forward and highlight recent wins.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Katy Youker, Director, Economic Justice Project, Lawyers' Committee for Civil Rights Under Law (Chicago Women in Trades v. Trump)
Guest: Lawrence Lustberg, Director, John J. Gibbons Fellowship in Public Interest & Constitutional Law, Gibbons P.C. (Saadeh v. New Jersey State Bar Association)
Guest: Robert McDuff, Director of the George Riley Impact Litigation Initiative, Mississippi Center for Justice (Jackson Federation of Teachers v. Fitch)
Link: The First Amendment in Flux, ACS 2025-2026 Program Guide
Link: Using the First Amendment to Uphold DEI Initiatives, by Christopher Lucca and Vanessa Huber
Link: Protecting Our Purpose
Link: The Legal DEI Project
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
In the midst of an all-out assault on the rule of law, many are seeking opportunities to get involved in their communities to fight for our democracy. We've heard from members of our network who are interested in running for office or are considering for the first time finding their way to elected service. Rebecca Dussich of Buckeye Justice Forum joins Lindsay Langholz to discuss the impact of downballot elected officials, particularly judicial officials, and what potential candidates should consider as they approach a possible run for office.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Rebecca Dussich, State Director, Buckeye Justice Forum
Link: Running for Office, ACS
Link: Buckeye Justice Forum
Link: Find Your Ballot, Vote411
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
After a very active summer on the emergency docket, the Supreme Court is set to begin a new term. Christopher Wright Durocher and Taonga Leslie join Lindsay Langholz to break down several important cases on the Court's merits docket, including those focused on LGBTQ+ rights, free speech, immigration, voting rights, and more.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Taonga Leslie, Director of Policy and Program for Racial Justice, ACS
Link: Brief of Amici Curiae National Women's Law Center and 51 Additional Organizations, B.P.J. v. West Virginia State Bd. of Ed. (4th Cir.)
Link: The First Amendment in Flux, ACS 2025-2026 Program Guide
Link: Episode 180: The Voting Rights Act at 60
Link: Concurring Opinion, Hilo Bay Marina v. State of Hawai'i
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
This week on Broken Law, we are circling back on stories we've previously covered, providing updates you may have missed before we head into a new SCOTUS term and a new academic year. Lindsay Langholz and Christopher Wright Durocher bring you the latest on Harvard's lawsuit against the Trump Administration, Federal Reserve Governor Lisa Cook's purported termination, the conservative majority's continuing and egregious misuse of the Supreme Court emergency docket, and how the federal government and states are handling death row cases.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Christopher Wright Durocher, Vice President of Policy and Program
Link: Harvard College v. HHS (D. Mass.)
Link: Appeals court judges publicly admonish Supreme Court justices: ‘We’re out here flailing,' by Josh Gerstein and Kyle Cheney
Link: Judge temporarily blocks Trump's firing of Federal Reserve governor Lisa Cook, by Steve Kopack
Link: Noem v. Vasquez Perdomo
Link: Mid-Year Review 2025: New Death Sentences Remain Low Amidst Increase in Executions, Death Penalty Information Center
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
The Trump administration has sought to advance its extreme and often unlawful agenda through the strategic use and abuse of the law and legal system, including Executive Orders targeting law firms and litigation and misconduct complaints against district court judges. While some lawyers and courts are holding the administration accountable, others are quick to capitulate. Mark Lemley joins Christopher Wright Durocher to talk about the administration’s abuse of the law and legal system and what can be done to stop it.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Mark Lemley, William H. Neukom Professor of Law and Director of the Program in Law, Science and Technology, Stanford Law School; Partner, Lex Lumina, LLP
Link: Amicus Brief of 676 Law Professors in Support of Plaintiff, WilmerHale v. U.S. Dep’t of Just., 25-cv-917 (Apr. 11, 2025)
Link: As July 4 Approaches, Supreme Court Signs Away American Democracy, by Mark Lemley
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Over the past few years, no technological development has been more discussed than the rise of artificial intelligence and machine learning. AI is changing how we work, how we make art, and even how we access healthcare. Jennifer Oliva joins Taonga Leslie to explore the ways AI and algorithms are being used to restrict access to healthcare nationwide and how lawyers and patients can advocate for greater fairness and transparency.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Jennifer Oliva, Professor of Law and Val Nolan Faculty Fellow, Indiana University Maurer School of Law
Link: Jennifer Oliva, How Artificial Intelligence Controls Your Health Insurance Coverage, The Conversation, (June 20, 2025).
Link: T. Christian Miller, et al., Not Medically Necessary”: Inside the Company Helping America’s Biggest Health Insurers Deny Coverage for Care, ProPublica (Oct. 23, 2024).
Link: Benefits Tech Advocacy Hub
Link: TechTonic Justice
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
Sixty years ago, Lyndon B. Johnson signed into law one of the most transformative bills in United States history - the Voting Rights Act of 1965. Michael Li joins Lindsay Langholz to take stock of the VRA's impact on American democracy, the real wins pro-democracy advocates are still able to achieve in spite of an increasingly hostile Supreme Court, and what the future holds for this critical law.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Michael Li, Senior Counsel, Brennan Center for Justice
Link: Growing Racial Disparities in Voter Turnout, 2008–2022, Brennan Center for Justice
Guest: A New Cycle of Texas Gerrymandering: Your Questions Answered, Bolts Magazine
Guest: The Supreme Court Just Signaled Something Deeply Disturbing About the Next Term, by Rick Hasen
Guest: The John R. Lewis Voting Rights Advancement Act Fact Sheet, The Brennan Center for Justice
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2025.
ACS recently completed our 2025 National Convention Series, taking a deep dive into states' responses to the pressing issues of immigration, democracy and voting, economic and racial justice, and transgender rights. This week, we bring you brief excerpts from that series, highlighting perspectives from a diverse set of experts on the stakes of this moment and what we can do in response.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Aura Bogado, Senior Reporter, Injustice Watch
Guest: Alina Das, James Weldon Johnson Professor & Co-Director of the Immigrant Rights Clinic, New York University School of Law
Guest: Marina Multhaup, Senior Associate, Barnard Iglitzin, & Lavitt LLP (Counsel for Starbucks United)
Guest: Kylar W. Broadus, Diversity, Equity & Inclusion, Public Speaker, Strategist, Legislative, Policy, Management
Guest: William McGinty, Assistant Attorney General, Washington State Office of the Attorney General
Guest: Dawn Blagrove, Executive Director, Emancipate NC
Link: Then They Came for Me: Protecting Our Neighbors and Ourselves
Link: Resisting Oligarchy + Building Power
Link: Combatting a Campaign of Erasure: Upholding the Rights of Trans People to Exist and Thrive
Link: Power Plays
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The Supreme Court recently wrapped up its 2024-2025 term and the ACS Policy and Program team is here to break down the headline cases, those that may have slipped under your radar, and several that came and went via the shadow docket.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Valerie Nannery, Senior Director of Policy and Program
Link: John Roberts’ Anti-Trans Opinion Is a Garbled Mess. It’s Easy to See Why., by Mark Joseph Stern
Link: Supreme Court Rules Some Americans Have a Constitutional Right to Insist on Theocracy, by Heidi Li Feldman
Link: Don’t Let Trump Erase Immigrants from the Citizenship Clause, by Taonga Leslie
Link: SCOTUS allows Trump admin to deport people to random countries with no notice, by Chris Geidner
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The country has recently experienced a series of escalating instances of political violence, perpetrated by individuals as well as state actors wielding governmental power. Christopher Wright Durocher is joined by Lindsay Langholz to discuss the ways in which our legal system is being weaponized against disfavored groups and the toll that political violence takes on our rights and our communities.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS
Link: When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller, by Joseph Blocher and Reva Siegel
Link: Episode 159: The Relationship Between Guns and Democracy
Link: Proud Boys’ lawsuit is legally weak — but Trump’s DOJ will likely just surrender, by Shan Wu
Link: Good Trouble Lives On - July 17th
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In these first months of his second term, President Trump has fired or attempted to fire thousands upon thousands of federal workers. Notable among those affected by this unprecedented flexing of executive authority are leaders of independent agencies. Peter Shane joins Lindsay Langholz to discuss two recent cases that have significant implications on our system of checks and balances and just how far the president is allowed to go when it comes to control over independent agencies.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Peter Shane, Distinguished Scholar in Residence and Adjunct Professor of Law, New York University School of Law; Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at The Ohio State University Moritz College of Law.
Link: Litigation Tracker: Legal Challenges to Trump Administration Actions, Just Security
Link: Lawfare
Link: Does Evidence Matter? Originalism and the Separation of Powers, by Cass Sunstein
Link: The Supreme Court's Fed Carveout: An Initial Assessment, by Lev Menand
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In recent weeks, the Trump Administration has escalated intimidation efforts against Harvard University and other private colleges, by canceling billions in federal funding and threatening to revoke tax-exempt status unless the schools make major changes to their hiring and teaching practices. Andrew Manuel Crespo joins Taongal Leslie to discuss the legal strategies behind the administration's attacks on higher education and how the academy can defend its independence.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Andrew Manuel Crespo, Morris Wasserstein Public Interest Professor of Law at Harvard University and General Counsel of AAUP-Harvard Faculty Chapter
Link: Complaint, AAUP-Harvard v. United States Dept. of Justice
Link: Federal Workers Legal Defense Network
Link: ACS National Convention Series
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Far from satisfied with Dobbs, the antiabortion movement is energized and taking aim at their next objective - fetal personhood. Mary Ziegler, author of Personhood: The New Civil War over Reproduction, joins Lindsay Langholz to discuss the antiabortion movement’s historical aims, where they are focused three years after the fall of Roe v. Wade, and how President Trump’s second term factors into those plans.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis School of Law
Link: Personhood: The New Civil War over Reproduction, by Mary Ziegler
Link: Trump’s New Abortion Pill Decision Was a Big Surprise. Here’s What It Really Means., by Mary Ziegler
Link: Pregnancy Justice
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President Trump's first 100 days of his second term have been unlike any other in the modern American presidency. The ACS Programs Team joins to discuss the major actions taken by the Administration in its opening weeks, shine a light on some of the actions Trump has taken that have slipped under the radar, and reflect on how the federal courts have responded.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Christopher Wright Duroocher, Vice President of Policy and Program, ACS
Guest: Valerie Nannery, Senior Director of Policy and Program, ACS
Guest: Taonga Leslie, Director of Policy and Program for Racial Justice, ACS
Guest: Senger Joseph, Associate, ACS Link: Litigation Tracker: Legal Challenges to Trump Administration Actions
Link: Rise Up Federal Worker Legal Defense Network
Link: ACS Notice and Comment Project
Link: May Day 2025 Events
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Over five months after voters cast their ballots to elect a North Carolina Supreme Court Justice, the election remains uncertified. The losing candidate has taken to the courts in an attempt to change the rules of the contest long after Election Day and, so far, two state courts have been willing to do so. Lindsay Langholz joins Christopher Wright Durocher to discuss the legal case at the heart of this election contest, the courts who have and will be hearing the case, and what it could mean for the rest of the country.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS
Link: Griffin v. State Board of Elections Case Tracker, State Court Report
Link: Justice Earls' Opinion, Griffin v. State Board of Elections Link: North Carolina’s ongoing descent into authoritarianism, by Melissa Price Kromm
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There have been over 100 lawsuits challenging many of the early actions of the second Trump Administration. Kate Huddleston joins Lindsay Langholz to discuss the details of one, Campaign Legal Center's recently filed lawsuit challenging the Department of Government Efficiency's power grab.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Kate Huddleston, Senior Legal Counsel, Campaign Legal Center
Link: Litigation Tracker: Legal Challenges to Trump Administration Actions
Link: CLC Sues to Stop Elon Musk and DOGE’s Lawless, Unconstitutional Power Grab, Kate Huddleston & Maha Quadri Link: Cases and Actions: Japanese American Citizens League v. Musk, Campaign Legal Center
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The Court is entering its final stretch of oral arguments for the 2024-2025 term and they will be hearing four important cases with significant First Amendment implications, particularly when it comes to the separation of church and state. Hirsh Joshi joins Lindsay Langholz to discuss the tension between public policy goals and religiously motivated exemptions in each of these cases.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Hirsh Joshi, Attorney and Patrick O’Reiley Legal Fellow, Freedom From Religion Foundation
Link: Episode 155: Livin' On a Prayer As States Push Church Into Classrooms featuring Elizabeth Cavell
Link: We Dissent Podcast Link: Brief of the Freedom From Religion Foundation as Amicus Curiae in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission
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More than 950 law scholars from around the country have signed on to a bipartisan letter decrying President Trump’s slew of illegal executive orders and actions. Christopher Wright Durocher talks with principal author and coordinator of the letter Kent Greenfield about what prompted these scholars to speak out and where this crisis may lead.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law School
Link: More than 950 Law Scholars Sound Alarm on Constitutional Crisis
Link: “We Believe We Are in a Constitutional Crisis”: Law Professors and Law Teachers Stand Against Administration's Illegal and Unconstitutional Actions Link: Why Shouldn’t the President Be Able to Fire Who He Wants in the Executive Branch?, by Shirin Ali
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Perhaps more than any other issue, harsh immigration enforcement has defined President Trump’s political career. Since returning to office, the President has moved to end birthright citizenship, authorized ICE to raid schools and churches, and announced plans for mass detention centers on Guantanamo. Professors Ana Raquel Minian and Amanda Frost join Taonga Leslie to help us make sense of the raft of anti-immigrant actions and what they mean for our civil and constitutional rights more broadly.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Ana Raquel Minian, Associate Professor of History, Stanford University
Guest: Amanda Frost, David Lurton Massee, Jr., Professor of Law, University of Virginia School of Law
Link: Immigrant Defense Project
Link: Welcome.US Link: How to Talk About Immigration in Divisive Times, by Beth Hallowell
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The Supreme Court recently heard two cases that could have significant implications for the way we live our lives online. Gautam Hans joins Lindsay Langholz to reflect on the arguments made to the Court, how to interpret the TikTok v. Garland decision and chaotic aftermath, and why we should all care about broad restrictions on adult content websites.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Gautam Hans, Clinical Professor of Law and Director of the Civil Rights and Civil Liberties Clinic, Cornell Law School
Link: Brief of First Amendment and Internet Law Professors, TikTok v. Garland
Link: How Samuel Alito got canceled from the Supreme Court social media majority, by Joan Biskupic Link: ACS Supreme Court Preview 2024-2025
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From the first Trump Administration's executive order restricting equity and inclusion discussions across the federal government to the Supreme Court's decision in Students for Fair Admissions, the last few years have seen significant legal attacks on diversity, equity, and inclusion (DEI) programs. David Glasgow joins Taonga Leslie to discuss the historical context of DEI, the current state of play as we enter a second Trump Administration, and potential opportunities for individuals and companies to be doing more.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: David Glasgow, Executive Director, Meltzer Center for Diversity, Inclusion, and Belonging
Link: What Trump’s Second Term Could Mean for DEI, by by Kenji Yoshino, David Glasgow, and Christina Joseph
Link: Advancing DEI Initiative, Meltzer Center for Diversity Inclusion and Belonging Link: Anti-DEI Legislation Tracker, Council on Social Work Education Link: American Pride Rises
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What is constitutional theory and do judges actually need one? Mark Tushnet joins Christopher Wright Durocher to discuss his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory, and how reasoned judgment can lead the way forward.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School
Link: Who Am I to Judge? Judicial Craft Versus Constitutional Theory, by Mark Tushnet
Link: Red, White, and Blue: A Critical Analysis of Constitutional Law, by Mark Tushnet Link: How to Interpret the Constitution Using a "New Pragmatism," by Mark Kende
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If you are doing some last minute holiday shopping or resolving to read more books in 2025, we have got you covered. Lindsay Langholz and Christopher Wright Durocher share what books are on their wishlist this holiday season, and Valerie Nannery speaks with Joshua Perry about his novel, Seraphim.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Host: Christopher Wright Durocher, Vice President of Policy and Program, ACS
Host: Valerie Nannery, Senior Director of Policy and Program, ACS
Guest: Joshua Perry, Author and Former Connecticut Solicitor General
Link: After Misogyny: How the Law Fails Women and What to Do about It, by Julie Suk
Link: Entitled: How Male Privilege Hurts Women, by Kate Manne Link: Our Nation at Risk: Election Integrity as a National Security Issue, edited by Julian E. Zelizer and Karen J. Greenberg Link: Rot and Revival: The History of Constitutional Law in American Political Development, by Anthony Michael Kreis Link: The Court v. The Voters, by Joshua Douglas
Link: Seraphim, by Joshua Perry Link: Vision: A Memoir of Blindness and Justice, by Hon. David Tatel Link: Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, by Rachel Barkow Link: Who Am I to Judge?: Judicial Craft versus Constitutional Theory, by Mark Tushnet
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Bethany Davis Noll, Executive Director of The State Energy & Environmental Impact Center, joins Valerie Nannery to talk about how a second Trump Administration will move to roll back federal regulations, how he harnessed previously low-profile tools to roll back regulations during his first term in office, and how this changed the way the Biden Administration approached regulatory changes.
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Host: Valerie Nannery, Senior Director of Policy and Program at American Constitution Society
Guest: Bethany Davis Noll, Executive Director, State Energy & Environmental Impact Center, NYU School of Law
Link: Regulation in Transition, by Bethany Davis Noll and Richard L. Revesz
Link: Presidential Transitions: The New Rules, by Bethany Davis Noll and Richard L. Revesz Link: Tired of Winning: Judicial Review of Regulatory Policy in the Trump Era, by Bethany Davis Noll Link: Special Solicitude" or "Special Hostility?": Where State Standing in Environmental Litigation Stands 17 Years After Massachusetts V. EPA, by Michael J. Myers and Turner Smith Link: ACS’s Notice & Comment Project
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Broken Law: About the law, who it serves, and who it doesn’t.
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How might a Trump administration effectively ban abortion without actually signing a national abortion ban into law? Abortion advocates are sounding the alarm over a 1873 law known as the Comstock Act. Lindsay Langholz joins Christopher Wright Durocher to take a critical look at this zombie law - why it was passed, how it has historically been used, and how an incoming Trump administration might take advantage of this dusty section of the United States Code.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS
Link: Trump Allies Plan New Sweeping Abortion Restrictions, by Lisa Lerer and Elizabeth Dias
Link: Ten Actions Dems Can Take to Protect Abortion Before Trump Takes Office, by Jessica Valenti Link: Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It, by Reva Siegel and Mary Ziegler
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The 2024 presidential election is behind us. Now, the second Trump administration looks poised to pick up where the first left off in its effort to reshape the federal judiciary in the conservative legal movement’s image. ACS President and former U.S. Senator Russ Feingold joins Christopher Wright Durocher to discuss prospects for the current Senate to confirm President Biden’s remaining judicial nominees to mitigate the damage of more Trump-appointed judges and to discuss what progressives can do about the courts right now and over the next four years.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Russ Feingold, ACS President
Link: Judicial Nominations, ACS
Link: On the Bench: Tracking President Biden's Judicial Nominations, ACS Link: ACS Pledges to Continue Fight for Rule of Law and Progressive Community
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Copyright of American Constitution Society 2024.
In the days after Election Day 2020, mis- and disinformation over how votes are counted, verified, and results certified fueled political violence and the birth of the Big Lie. Ahead of Election Day 2024, Jonathan Diaz joins Lindsay Langholz to discuss what election law experts are actually focused on once the polls close and what is just noise.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Jonathan Diaz, Director of Voting Advocacy and Partnerships, Campaign Legal Center
Link: Find Your Polling Place, Vote.org
Link: Everything You Need to Vote, Vote.org
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From the January 6th attack on the Capitol to recent assassination attempts on former President Donald Trump, political violence and intimidation pose a growing threat to our democracy. Taonga Leslie brings an excerpt from a recent ACS program co-hosted by Giffords Law Center and March for Our Lives featuring a discussion among advocates and legal scholars on the causes of rising political violence, the stakes of the 2024 election, and how progressives can support positive change.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Joseph Blocher, Lanty L. Smith ’67 Distinguished Professor of Law, Duke University School of Law
Guest: Makennan McBryde, Legal Project Manager, Giffords Law Center
Guest: Mary McCord, Executive Director, Institute for Constitutional Advocacy and Protection, Georgetown University Law Center
Guest: Yvin Shin, Legal Associate, March for Our Lives
Link: "Guided By History: Protecting the Public Sphere From Weapons Threats Under Bruen," by Joseph Blocher and Reva Siegel
Link: Become a Poll Worker
Link: Election Protection Sign-Up
Link: Election Official Legal Defense Network Sign-Up
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In this supersized episode, Christopher Wright Durocher joins Lindsay Langholz to discuss what to expect from the imminent start to the 2024-2025 Supreme Court Term. Then, Sylvia Albert and Eyricka Geneus of Common Cause join Ashley Erickson to dig in on volunteer opportunities in this final stretch of the 2024 election cycle.
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Host: Lindsay Langholz, Senior Director of Policy and Program csacas
Guest: Christopher Wright Durocher, Vice President of Policy and Program at ACS
Guest: Ashley Erickson, Senior Director of Network Advancement at ACS
Guest: Sylvia Albert, Director of Voting and Elections at Common Cause
Guest: Eyricka Geneus, Election Protection Field Coordinator at Common Cause
Link: ACS National Supreme Court Preview 2024-2025
Link: The Shadow Docket by Stephen Vladeck
Link: ProtectTheVote
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The Roberts Court has spent years ignoring precedent, norms, and judicial restraint in pursuit of concentrated power. Chris Kang joins Taonga Leslie to discuss the problems this power grab has caused and many of the reform proposals currently on the table.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Chris Kang, Co-Founder and Former Chief Counsel, Demand Justice
Link: "To Save Democracy, We Must Expand the Court," by Christopher Kang
Link: "Supreme Court Term Limits," Brennan Center for Justice
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This Labor Day Weekend marks the unofficial end to an historically hot summer. Terri Gerstein returns to Broken Law to talk with Valerie Nannery about legal protections for workers -- including from record heats but also from non-compete provisions, child labor exploitation, and more -- and the people who enforce those laws.
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Host: Valerie Nannery, Senior Director of Policy and Program at American Constitution Society
Guest: Terri Gerstein, Director, NYU Wagner Labor Initiative, NYU Wagner Graduate School of Public Service
Link: How Noncompete Agreements Stifle Workers, University of Maryland Robert H. Smith School of Business
Link: Broken Law Episode 98: Unpacking the Child Labor Crisis Link: NYU Wagner Labor Initiative
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Two recent Supreme Court decisions have dramatically eroded the separation of church and state when it comes to our public schools. As students head back for another school year, Elizabeth Cavell joins Lindsay Langholz to look at the impact the Court's decisions have had on public school classrooms and how Christian nationalists are attempting to push the boundary even further.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Elizabeth Cavell, Deputy Legal Director, Freedom from Religion Foundation
Link: Christian nationalism on the march by Russell Contreras, Axios
Link: Praying coach's actions do not alter the Constitution by Elizabeth Cavell, Seattle Times Link: We Dissent Podcast
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In less than four years, President Biden has gone from a skeptic to proponent of significant reforms to the Supreme Court. Christopher Wright Durocher joins Lindsay Langholz to discuss how the Court’s recent decisions have played into the growing calls for reform and what proposals may be gaining traction. We also bring you excerpts of ACS’s 2023-2024 Supreme Court Review to better understand just how aggressive the Court has become in delivering wins for the conservative legal movement and accumulating power for itself.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Christopher Wright Durocher, Vice President of Policy and Program, ACS
Link: Full Video: ACS National Supreme Court Review (2023-2024)
Link: My Plan to Reform the Supreme Court and Ensure No President Is Above the Law by Joe Biden, Washington Post Link: Judicial Nominations, ACS
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In less than 100 days, voters all over the country will start heading to the polls as early voting begins in most states. Lindsay Langholz is joined by ACS’s Ashley Erickson and Power the Poll’s Marta Hanson to cut through the noise of the presidential race and talk about one concrete thing that can be done to help protect democracy this year and help restore faith in our election system long-term.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Marta Hanson, National Program Manager, Power the Polls
Guest: Ashley Erickson, Senior Director of Network Advancement, ACS Link: Become A Poll Worker
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Broken Law: About the law, who it serves, and who it doesn’t.
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Broken Law: About the law, who it serves, and who it doesn’t.
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Artificial intelligence has burst onto the scene at a fragile time for our democracy, leading to many questions about how such a powerful tool can be harnessed to empower voters and election administrators while exposing vulnerabilities in our democratic structures. Taonga Leslie speaks with Spencer Overton about the potential racial harms and upsides of AI on our democracy.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Spencer Overton, The Patricia Roberts Harris Research Professor of Law and Faculty Director of the Multiracial Democracy Project, George Washington University
Link: Overcoming Racial Harms to Democracy from Artificial Intelligence by Spencer Overton Link: Multiracial Democracy Project, George Washington University Link: A political consultant faces charges and fines for Biden deepfake robocalls by Shannon Bond, NPR
Link: Trump supporters target Black voters with faked AI images by Marianna Spring, BBC Link: AI and Elections, Brennan Center for Justice
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As we approach the end of another Supreme Court term where originalism has dominated opinion after opinion in furtherance of an extremist conservative ideology, a question once again arises - how should progressives interpret the Constitution? Madiba Dennie joins Valerie Nannery to discuss her new book, The Originalism Trap, and how progressives can reclaim what the Constitution means.
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Host: Valerie Nannery, Senior Director of Policy and Program
Guest: Madiba Dennie, Author of "The Originalism Trap"
Link: The Originalism Trap by Madiba Dennie Link: How Originalism Ate the Law, Slate
Link: Path to the Bench, ACS
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Antitrust has escaped the business section and become a major topic of conversation in households across America. If you plan to attend a summer concert, buy groceries, or even listen to this episode on your phone, antitrust could have a real impact on your day-to-day life. Recent high-profile cases and notable agency actions have garnered commentary from supporters and skeptics alike. Elizabeth Binczik speaks with Sandeep Vaheesan of Open Markets Institute about the competing views on the FTC’s and DOJ’s recent actions and what this period means for antitrust.
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Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice
Guest: Sandeep Vaheesan, Legal Director, Open Markets Institute
Link: Assistant Attorney General Jonathan Kanter Delivers Remarks at New York City Bar Association’s Milton Handler Lecture, US Dept. of Justice Link: Federal Trade Commission
Link: Dara Kerr & Alina Selyukh, DOJ, FTC double down on their antitrust strategy, NPR
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The Biden Administration recently released a new rule that provides critical updates to Title IX. Lindsay Langholz and ACS Law Fellow Claire Comey speak with Anya Marino and Shiwali Patel about this important federal civil rights law, the contours of this new regulation, and the work still to be done to protect students of all gender identities on campus.
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Host: Lindsay Langholz - Senior Director of Policy and Program
Co-Host: Claire Comey
Guest: Anya Marino - Director of LGBTQI Equality, National Women's Law Center
Guest: Shiwali Patel - Director of Safe and Inclusive Schools
Link: Education and Title IX, National Women's Law Center Link: Hélène Barthélemy, How Men’s Rights Groups Helped Rewrite Regulations on Campus Rape, The Nation
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Christopher Wright Durocher is joined by Professor Elisabeth Semel to talk about her recently released report, Guess Who’s Coming to Jury Duty? They discuss how too many courts don’t adequately track prospective jurors’ race and ethnicity and how the failure to take a race-conscious approach to jury selection and service results in the perpetuation of implicit, explicit, and institutional racial bias in our criminal legal system.
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Today's Host: Christopher Wright Durocher, Vice President of Policy and Program
Featured Speaker: Elisabeth Semel, Chancellor’s Clinical Professor of Law and Co-Director of the Death Penalty Clinic, Berkeley Law
Link: Guess Who's Coming to Jury Duty? Berkeley Law Death Penalty Clinic Link: Whitewashing the Jury Box, Berkeley Law Death Penalty Clinic
Link: Batson v. Kentucky
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This week on Broken Law, we revisit two moving speeches from ACS's 2023 National Convention. Oren Nimni and Sherrilyn Ifill explore the complicity of lawyers in maintaining our unjust legal system and the special responsibility we bear in creating a more just future.
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Today's Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Featured Speaker: Oren Nimni, Litigation Director, Rights Behind Bars
Featured Speaker: Sherrilyn Ifill, Former President and Director Counsel, NAACP LDF; Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights, Howard University
Link: Register for ACS's 2024 National Convention
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Florida and Arizona state courts recently green lit restrictive abortion bans and the Supreme Court hears two cases that will have significant implications for how doctors and pregnant people navigate the post-Dobbs chaos. Elizabeth Binczik and Lindsay Langholz discuss the latest abortion news and how these developments are interacting with this year's elections.
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Today's Host: Elizabeth Binczik
Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS
Link: Former Arizona Gov. Doug Ducey says the abortion ruling from justices he chose goes too far by Mead Gruver
Link: Mississippi Keeps the Door Firmly Shut on Ballot Initiatives by Daniel Nichanian
Link: The Shadow Medical Community Behind the Attempt to Ban Medication Abortion by Jordan Smith Link: After Roe Fell: Abortion Laws by State
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The Supreme Court has taken up three cases that arise out of litigants seeking accountability for the violent events of January 6th. This month, the Court will hear arguments on former president Trump's presidential immunity claim and take a look at whether the law used to prosecute many January 6th participants was validly applied in one such prosecution. Lindsay Langholz speaks with Donald Sherman of CREW about what the Court's decision in Trump v. Anderson, the ballot disqualification case, means for this ongoing pursuit of accountability.
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Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Donald Sherman, Executive Vice President and Chief Counsel, CREW
Link: American Historians' Brief
Link: Childrens' Rights Legal Scholars and Advocates Brief
Link: Colorado lawsuit enforcing Donald Trump's unconstitutional disqualification, CREW
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Artificial Intelligence has the potential to affect how work is performed across industries and, in particular, within media and entertainment. Elizabeth Binczik speaks with Sarah Fowler of SAG-AFTRA to get her thoughts on how AI could impact performers’ work, the current state of the law, and how we might protect performers and people in general from AI’s risks without sacrificing AI’s benefits.
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Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice for ACS
Guest: Sarah Luppen Fowler, Senior Deputy General Counsel, SAG-AFTRA (affiliation included for identification purposes only)
Link: Human Artistry Campaign
Link: CES Tech Talk: SAG-AFTRA Strike's Impact on AI and Hollywood's Future
Link: "Senators draft policy aimed at deep fakes of Drake, Tom Hanks and noncelebrities" by Brian Contreras
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International Women's Day will be celebrated on March 8th. It is a day to celebrate while also taking stock of women's rights here in the United States and abroad. This year, we see a number of countries making significant strides toward reproductive freedom for women while the United States slides backwards. Lindsay Langholz speaks with Julie Suk, author of "After Misogyny: How the Law Fails Women and What to Do About It," about how misogyny informs our legal system and our social structures.
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Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Julie Suk, Hon. Deborah A. Batts Distinguished Research Scholar and Professor of Law, Fordham University School of Law
Link: After Misogyny: How the Law Fails Women and What to Do About It by Julie Suk
Link: "French Senate votes to enshrine abortion in constitution, a world first" by Karla Adam
Link: "Ireland kickstarts vote on constitution's wording about women and family" by Rory Carroll
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Under the banner of "40 acres and a mule," the movement for reparations for slavery and Jim Crow has gained momentum in recent years, with diverse efforts underway from big states like California and New York to smaller communities like Evanston, Illinois and Asheville, North Carolina. Marcus Hunter, author of the recently published "Radical Reparations: Healing the Soul of a Nation" explains to Taonga Leslie why economic compensation alone will not be sufficient to heal the scar of anti-Black racism and explains the six other forms of compensation that will be necessary to bring about true justice.
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Today's Host: Taonga Leslie
Guest: Marcus Hunter, Scott Waugh Endowed Chair in the Division of the Social Sciences, UCLA
Link: Radical Reparations: Healing the Soul of a Nation by Marcus Hunter
Link: The Case for Reparations by Ta-Nehisi Coates
Link: 40 Acres and a Mule
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The Electoral College has shown significant flaws since its inception. Twice in the 21st Century, the national popular vote winner has not ultimately been elected President. The undemocratic nature of the institution has many asking why our system is built the way it is and what can be done to fix it. In this follow-up to Episode 137 ("Is the ECA Prepared for 2024?"), Lindsay Langholz speaks with Professor Alexander Keyssar about how the Founders designed the process by which we elect presidents, the problems encountered along the way, and the many, many attempts at reform.
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Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Alexander Keyssar, Harvard Kennedy School
Link: Why Do We Still Have the Electoral College? by Alexander Keyssar
Link: Why the Electoral College is Bad for America by George C. Edwards III
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The Supreme Court recently heard oral arguments in Loper Bright Enterprises and Relentless, Inc., two cases that could see the Court overrule the Chevron doctrine, a 40-year-old precedent. Overruling Chevron could empower courts to redesign federal governance as we know it. Elizabeth Binczik speaks with Professor Andrew Mergen about what happened at the oral arguments, about the Chevron doctrine, and the sweeping consequences that could unfold if the Court opts to overrule it.
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Today's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic Justice
Guest: Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law
Link: SCOTUS Oral Argument in Relentless, Inc. v. Department of Commerce
Link: SCOTUS Oral Argument in Loper Bright Enterprises, Inc. v. Raimondo
Link: Yale Journal of Regulation
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The U.S. Supreme Court recently heard oral argument in the second of two big immigration cases this term. On this episode, Jeanne Hruska speaks with Taonga Leslie about the Supreme Court's track record on immigration, takeaways from the oral arguments in the relevant cases this term, and the potential impact on access to justice depending on how the Court rules.
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Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Link: Oral Argument in Campos-Chaves v. Garland
Link: Oral Argument in Wilkinson v. Garland
Link: "Beyond Crisis Narratives," by Monika Y. Langarica
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Welcome to 2024! We are covering two topics poised to shape the new year. First, Jeanne Hruska catches up with Lindsay Langholz for the latest developments in efforts to keep Donald Trump off the ballot in various states and whether SCOTUS will finally step in. Jeanne then speaks with ACS President Russ Feingold to discuss where President Biden is on judicial appointments at the end of three years and the challenge for the Senate to confirm 70 judges in 12 months.
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Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Russ Feingold, ACS President
Link: "To Do List for 2024: 70 Judges in 12 Months" by Russ Feingold
Link: "Red Courts, Blue Courts," by Mark A. Lemley Link: "Supreme Court to Hear Momentous Case on Whether Trump Can Hold Office," by Adam Liptak
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The Electoral Count Act (ECA) played a prominent role in the legal fictions clung to by those who orchestrated the January 6th Insurrection. With another presidential election before us, Lindsay Langholz joins Jeanne Hruska to discuss the updates made to the ECA since 2021 and whether we should have faith in the ECA this election cycle. They also recap end-of-year SCOTUS news.
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Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Sr Director of Policy and Program
Link: "Court won’t expedite ruling on Trump’s immunity claim," by Robert Barnes
Link: Master Calendar of Trump Court Dates: Criminal and Civil Cases, by Just Security Link: "Court to weigh in on scope of law used in Jan. 6 prosecutions," by Amy Howe
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With 2023 nearly over, Craig Mastantuono and Neal Sarkar join Jeanne Hruska to discuss the good, the bad, and the terrifying from the past year and to look ahead to the mammoth year that is 2024. Craig and Neal also share the biggest 2023 takeaways from their respective states: Wisconsin and Texas.
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Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Craig Mastantuono, Partner, Mastantuono, Coffee & Thomas
Guest: Neal Sarkar, Special Assistant County Attorney, Office of the Harris County Attorney
Link: Support ACS Link: "Wisconsin leader pivots, says impeachment of state Supreme Court justice over redistricting unlikely," by Scott Bauer Link: Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration Law
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After a hot labor summer, we've continued to see positive developments on the labor front. On this episode, Elizabeth Binczik speaks with Professor Catherine Fisk about the combination of labor wins this year and what 2023 could mean for labor moving forward. They review the deals struck to end the Hollywood strikes and the ingenuity of the United Auto Worker strikes.
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Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Guest: Catherine Fisk, Professor of Law, Berkeley Law
Link: "U.A.W. Announces Drive to Organize Nonunion Plants," by Neal E. Boudette
Link: "Actors and studios make a deal to end Hollywood strikes," by Mandalit del Barco
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Two topics for the price of one episode. Jeanne Hruska is joined by Professor Mark Lemley for a discussion on his recent article, “Red Courts, Blue Courts,” which explains how administrations are increasingly prioritizing district court vacancies in states that align with their party and the resulting consequences. In the second half of the episode, they delve into AI and the question of whether AI-generated content is protected by the First Amendment.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Mark A. Lemley, William H. Neukom Professor of Law, Stanford Law School
Link: "Red Courts, Blue Courts," by Mark A. Lemley
Link: "Freedom of Speech and AI Output," by Eugene Volokh, Mark A. Lemley and Peter Henderson
Link: Senate Roll Call Data on President Biden's appointed judges
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There's been much conversation about Section 3 of the 14th Amendment and whether it can be used to keep people who engaged in the January 6th insurrection off the ballot. Lindsay Langholz speaks with Donald Sherman and Nikhel Sus from CREW about their lawsuit aimed at keeping Donald Trump off the ballot in Colorado. They discuss the ruling of the trial court and look ahead to the December 6th oral argument before the Colorado Supreme Court.
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Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Donald Sherman, Senior Vice President and Chief Counsel, CREW
Guest: Nikhel Sus, Director of Strategic Litigation, CREW
Link: CREW's Colorado lawsuit enforcing Donald Trump’s constitutional disqualification
Link: "Why are U.S. courts afraid of the 14th Amendment? Because it’s radical," by Sherrilyn Ifill
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The U.S. Supreme Court recently published a "Code of Conduct," signed by all nine justices. Jeanne Hruska catches up with Russ Feingold, ACS President, to discuss how much weight, if any, to give this new Code. They also discuss the latest on judicial confirmations and look ahead to how voters can engage on the courts come election time.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Russ Feingold, ACS President
Link: "The Supreme Court Still Needs a Binding Code of Ethics," by Russ Feingold
Link: SCOTUS Code of Conduct
Link: "Red Courts, Blue Courts," by Mark Lemley
Link: ACS Poll Worker Pledge
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Since the U.S. Supreme Court largely outlawed affirmative action in higher education earlier this year, there's been discussion about what the decision could mean for the future of DEI practices in employment. Taonga Leslie speaks with Marcus Childress about the chilling effect that SFFA v. Harvard has had and how employers can continue to advance DEI in the wake of the decision.
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Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Guest: Marcus Childress, Special Counsel, Jenner & Block
Link: Supreme Court decision in SFFA v. Harvard
Link: Report and Recommendations of the New York State Bar Association Task Force on Advancing Diversity
Link: Video of ACS's program, "Advancing Diversity, Equity, and Inclusion at Work in the Wake of SFFA"
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The U.S. Supreme Court has an opportunity to rein in its disastrous 2nd Amendment decision in NYSRPA v. Bruen this term, or make it that much harder for states to prevent gun violence. Christopher Wright Durocher speaks with Esther Sanchez-Gomez (Giffords Law Center) about takeaways from the Court's oral argument in U.S. v. Rahimi and how the Court could clean up its own mess when it comes to guns.
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Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program
Guest: Esther Sanchez-Gomez, Litigation Director, Giffords Law Center
Link: Supreme Court Oral Argument in US v. Rahimi
Link: GIFFORDS Law Center Amicus Brief in United States v. Rahimi
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One year out from the 2024 election, Lindsay Langholz checks in with Jessica Huseman from VoteBeat about the election issues that are consuming her attention and could shape the 2024 election space, including the growing obsession with hand counting ballots and the odd steps certain states are taking to "update" their voter registration lists.
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Today's Host: Lindsay Langholz , ACS Sr Director of Policy and Program
Guest: Jessica Huseman, Editorial Director, VoteBeat
Link: "The drive to hand count ballots is growing. The GOP could stop it," by Jessica Huseman
Link: "Where an Obsession With Election Integrity Can Lead," by Jessica Huseman
Link: Take the ACS Pledge: Become a Poll Worker
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As state judicial elections become more and more expensive, it's worth asking whether campaign funding impacts judicial decision making. On this episode, Jeanne Hruska speaks with Michael Kang and Joanna Shepherd about their new book, "Free to Judge: The Power of Campaign Money in Judicial Elections." According to Kang and Shepherd, “campaign money profoundly affects how judges do their jobs.”
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Michael S. Kang, Class of 1940 Professor, Northwestern Pritzker School of Law
Guest: Joanna M. Shepherd, Thomas Simmons Professor of Law, Emory University School of Law
Link: "Free to Judge: The Power of Campaign Money in Judicial Elections," by Michael Kang and Joanna Shepherd
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An increasing number of state court judges and justices are being targeted by state officials for not advancing their interests. On this episode, Taonga Leslie speaks with Dawn Blagrove (Emancipate NC) about how Justice Anita Earls, the only Black justice on the North Carolina Supreme Court, is being targeted for factual remarks she made about the lack of diversity on the NC judiciary. They discuss why the situation in North Carolina should concern everyone who cares about judicial independence and achieving a judiciary that reflects the diversity of the public it serves.
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Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Guest: Dawn Blagrove, Executive Director, Emancipate NC
Link: "State Republicans Try to Remove Top Jurist for Mentioning the Existence of Racial Bias," by BILLY CORRIHER
Link: "Civil rights advocates defend a North Carolina court justice suing over a probe for speaking out," by Gary D. Robertson
Co-host Name: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
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Recently, Dish Network became the first company to be fined by the Federal Communications Commission for littering in space. On this episode, Jeanne Hruska speaks with Professor Michelle Hanlon about why the fine was “a very big symbolic moment for debris mitigation,” and the challenges and urgency in regulating the increasing array of human-driven activities in space.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Michelle Hanlon, Professor of Practice and Executive Director, Center for Air and Space Law, University of Mississippi School of Law
Link: "Who Cares What Happens to Bootprints on the Moon?" by Michelle Hanlon on TEDxUniversityofMississippi
Link: "Why the first-ever space junk fine is such a big deal," by Jonathan O'Callaghan
Link: NASA Spinoff
Link: Space Law Quick Reference
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In honor of World Day Against the Death Penalty (October 10), Christopher Wright Durocher speaks with Professor John Bessler about why the death penalty should be considered an act of torture. They discuss how the death penalty is classified under international human rights law and how the U.S. Supreme Court consistently gets death penalty cases wrong by ignoring the psychological torture involved.
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Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program
Guest: John Bessler, Professor of Law, University of Baltimore School of Law
Link: "The Death Penalty's Denial of Fundamental Human Rights," by John Bessler
Link: "A Torturous Practice," by John Bessler
Link: "Taking Psychological Torture Seriously," by John Bessler
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Broken Law: About the law, who it serves, and who it doesn’t.
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With the Supreme Court's new term underway as of October 2, the ACS team sat down to discuss the biggest trends and cases on the Court's docket. Is the term going to bring all bad news or might there be reason for (cautious and select) optimism? The team weighs in.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Guest: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Link: ACS Supreme Court Preview Program
Link: "Landmark Texas, Florida social media cases added to Supreme Court term," by Ann E. Marimow and Cat Zakrzewski
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Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
AI is becoming increasingly widespread and that includes in the electoral space. Elizabeth Binczik speaks this week with Lisa Gilbert (Public Citizen) about the threat of AI to our elections, from deepfakes to "astroturfing," and how we can reduce that risk as we look ahead to the 2024 election cycle.
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Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Guest: Lisa Gilbert, Executive Vice President, Public Citizen
Link: "Generative Artificial Intelligence: The Impact on Democracy," by Public Citizen
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Broken Law: About the law, who it serves, and who it doesn’t.
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Copyright of American Constitution Society 2024.
This week, Jeanne Hruska speaks with Cliff Sloan about his new book, "The Court at War: FDR, His Justices, and the World They Made." They discuss the enduring impact of key Supreme Court decisions issued during WWII and the lessons that we should be heeding from FDR and his justices in thinking about today's Supreme Court.
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Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Cliff Sloan, Professor, Georgetown Law
Link: "The Court at War," by Cliff Sloan
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Copyright of American Constitution Society 2023.
Broken Law: About the law, who it serves, and who it doesn’t.
Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
Earlier this year, the most expensive judicial race in U.S. history saw Janet Protasiewicz elected to the Wisconsin Supreme Court. On this episode, Jeanne Hruska speaks with Craig Mastantuono about the impact of Justice Protasiewicz's election and Republican legislators' threat of impeaching her. They also discuss the role of judicial selection committees and how listeners can engage on state courts.
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Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Craig Mastantuono, Partner, Mastantuono, Coffee & Thomas
Link: "Why Republicans Could Impeach a Liberal Judge Before She’s Heard a Case," by Reid J. Epstein
Link: "Liberal judge’s Wisconsin supreme court race win shows a shake-up in US politics," by Sam Levine
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This summer, we've seen high profile strikes in Hollywood, an overwhelming vote to ratify the Teamsters' agreement with UPS, and renewed energy in the labor movement. On this episode, Elizabeth Binczik speaks with Professor Diana Reddy about what is behind this "hot labor summer" and whether the promising trends are here to stay.
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Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice
Guest: Diana Reddy, Professor of Law, UC Berkeley
Link: "After the Law of Apolitical Economy: Reclaiming the Normative Stakes of Labor Unions," by Diana Reddy
Link: “There Is No Such Thing as an Illegal Strike: Reconceptualizing the Strike in Law and Political Economy," by Diana Reddy:
Link: On Labor
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This summer has seen no shortage of extreme weather events, bringing more attention to climate change. For the legal community, it's highlighted the question, can the law keep up with climate science? Elizabeth Binczik speaks with Michael Burger about climate change litigation and how courts are handling this growing field. They discuss the recent victory by youth litigants in a climate case against the state of Montana.
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Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice
Guest: Michael Burger, Executive Director, Sabin Center for Climate Change Law
Link: Global Climate Litigation Report: 2023 Status Review
Link: Sabin Center's Climate Change Litigation Databases
Link: "Montana Lawsuit Confronts States’ Responsibility for Climate Change," by Michael Burger
Link: "The Law and Science of Climate Change Attribution," by Michael Burger, Jessica Wentz, Radley Horton
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With former President Trump now facing four indictments, Jeanne Hruska catches up with Barbara McQuade about some of the issues arising from the legal proceedings. Specifically, they delve into concerns that Trump's commentary about the cases could cross over into witness tampering or tainting the jury pool. What tools do the judges overseeing the different proceedings have to respond and how does Trump being a presidential candidate impact the analysis?
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Today's Host: Lindsay Langholz, ACS Sr. Advisor for Communications and Strategy
Guest: Barbara McQuade, Professor, University of Michigan Law School
Link: "Trump’s habitual line-stepping on witness tampering" by Aaron Blake
Link: ACS Condemns Threats and Verbal Attacks Against Judge Chutkan and Fulton County Grand Jury Members
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In the wake of his second federal indictment, former President Donald Trump and his legal team are claiming the First Amendment protects against charges of fraud, conspiracy to violate civil rights, obstruction of an official proceeding and conspiracy to do so. Lindsay Langholz speaks with Nora Benavidez about this claim and the broader issue of how social media is impacting our elections and our democracy.
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Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Nora Benavidez, Senior Counsel/Director, Digital Justice & Civil Rights, Free Press
Link: Pen America Media Literacy Toolkit
Link: Poynter Media Wise
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Today is a double feature! Jeanne Hruska speaks first with Lindsay Langholz about an unusual August election in Ohio and why the cynical ploy could be decisive for abortion rights in the state. Jeanne then speaks with Russ Feingold about President Biden falling behind his predecessor’s pace in judicial confirmations and the implications going forward.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Russ Feingold, ACS President
Link: "An Attempt to Disempower Ohio Voters," by Russ Feingold and Lee Fisher
Link: Text of OH Ballot Initiative on Abortion Rights
Link: "President Biden Has Fallen Behind His Predecessor on Judicial Confirmations," by Zachary Gima
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If you were planning to rewrite the U.S. Constitution, it would only make sense to practice. On this week's episode, Jeanne Hruska speaks with ACS President Russ Feingold about how a far-Right organization is doing just that, convening their third-known practice session on how to drastically rewrite the Constitution. They discuss the danger of this pursuit and why more people need to pay attention.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Russ Feingold, ACS President
Link: "Warning: A 'Convention of States' Is Practicing to Rewrite the Constitution," by Russ Feingold
Link: "The Constitution in Jeopardy," by Russ Feingold and Peter Prindiville
Link: Article V of the U.S. Constitution
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Building off episode 101, about the rise of AI chatbots, we delve into the rise of AI-powered worker surveillance on this episode. Jeanne Hruska speaks with Dr. Ifeoma Ajunwa about the use of automated hiring processes, the risk of automated discrimination, and surveillance in the workplace. Should employers have to disclose surveillance programs? Can workers refuse to be surveilled - and stay employed?
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Dr. Ifeoma Ajunwa, AI. Humanity Professor of Law, Emory Law
Link: The Quantified Worker, by Ifeoma Ajunwa
Link: "Limitless Worker Surveillance," by Ifeoma Ajunwa, Kate Crawford, and Jason Schultz
Link: ACS Book Club Summer Reading List
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With the U.S. Supreme Court now on summer holiday, Jeanne Hruska catches up with Elie Mystal about his new podcast, the politics and urgency of Supreme Court reform, and his concluding thoughts on the packed Court's recent term.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Elie Mystal, Justice Correspondent, The Nation
Link: Contempt of Court Podcast
Link: "The Supreme Court Has Kicked the Door Wide Open to Jim Crow–Style Bigotry," by Elie Mystal
Link: "The Most Baffling Argument a Supreme Court Justice Has Ever Made," by Adam Serwer
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On the last day of Pride Month, the U.S. Supreme Court opened the door for businesses to discriminate against LGBTQ+ folks. Christopher Wright Durocher speaks with Professor Elizabeth Sepper about 303 Creative v. Elenis, the impact of the decision for LGBTQ+ rights, and what it could mean for non-discrimination protections more broadly.
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Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program
Guest: Elizabeth Sepper, Professor of Law, UT Austin School of Law
Link: SCOTUS decision in 303 Creative v. Elenis
Link: "With its 303 Creative decision, the Supreme Court opens the door to discrimination," by Elizabeth Sepper
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The U.S. Supreme Court's conservative supermajority has banned affirmative action in higher education. On this BONUS episode, Taonga Leslie speaks with Bethany Li, Brianna McBride, and David Lewis, leaders in the battle to expand access to opportunity in higher education. They discuss the recent SCOTUS decisions and delve into what comes next and how we maintain hope in the fight for a more equitable future.
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Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Guest: Bethany Li, Legal Director, AALDEF
Guest: Brianna McBride, Community Builder
Guest: David Lewis, Co-Lead, Affirmative Action Coalition
Link: SCOTUS decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, and Students for Fair Admissions, Inc. v. University of North Carolina
Link: "Being race-conscious is a necessary and effective tool to address racism and discrimination — including for Asian Americans," by Bethany Li
Link: "Texas Students for DEI create petition in support of inclusive policies in higher education," by Ireland Blouin
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We cover a buffet of Supreme Court cases on this episode. Christopher Wright Durocher speaks with Professor Alexis J. Hoag-Fordjour about an array of criminal legal cases decided this term and the Court's persistent indifference to potential innocence. He later speaks with Lindsay Langholz about the Court's decision in Moore v. Harper, regarding the so-called independent state legislature theory.
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Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program
Guest: Alexis J. Hoag-Fordjour, Assistant Professor of Law and Co-Director of the Center for Criminal Justice, Brooklyn Law School
Guest: Lindsay Langholz, ACS Senior Director of Policy and Program
Link: SCOTUS decision in Jones v. Hendrix
Link: SCOTUS decision in Cruz v. Arizona
Link: "After 29 Years on Death Row, Barry Jones Was Dumped at a Bus Station. But He Was Finally Free," by Lilana Segura
Link: SCOTUS decision in Moore v. Harper
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This week, Lindsay Langholz speaks with Professor Wenona T. Singel to debrief the Supreme Court's decision in Haaland v. Brackeen about the constitutionality of the Indian Child Welfare Act (ICWA), long considered the "gold standard" of child welfare policies. The episode delves into the statute's history, the details of the case, and the sweeping impact of the Supreme Court upholding ICWA, for now.
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Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program
Guest: Wenona T. Singel, Director, Indigenous Law & Policy Center at Michigan State College of Law
Link: "Lawyering the Indian Child Welfare Act," by Wenona T. Singel and Matthew L.M. Fletcher"
Link: National Indian Child Welfare Association
Link: The National Native American Boarding School Healing Coalition
Link: SCOTUS decision in Haaland v. Brackeen
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Copyright of American Constitution Society 2023.
Two episodes in one! This week, Jeanne Hruska speaks with Barbara McQuade about the federal indictment and arraignment of former President Trump. Additionally, Lindsay Langholz speaks with Jonathan Diaz to debrief the Supreme Court's decision in Allen v. Milligan and how it relates to Shelby County v. Holder and the status of the Voting Rights Act.
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Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program
Today's Host: Jeanne Hruska, ACS Sr. Advisor for Communications and Strategy
Guest: Barbara McQuade, Professor, University of Michigan Law School
Guest: Jonathan Diaz, Director, Voting Advocacy and Partnerships, Campaign Legal Center
Link: "New indictment proves Trump is a triple threat to national security," by Barbara McQuade
Link: "Victory: Supreme Court Rejects Voting Map That Drowns Out Black Voices," by Paul Smith, CLC
Link: SCOTUS decision in Allen v. Milligan
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In its recent decision in Glacier Northwest, Inc v. Teamsters, the U.S. Supreme Court favored employers over workers. Elizabeth Binczik speaks with Professor Charlotte Garden about the resulting impact on labor law and whether the decision will deter some unions from exercising the right to strike.
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Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Guest: Charlotte Garden, Professor of Law, Minnesota Law
Link: Brief of Amici Curiae Professors Matthew Bodie, Catherine Fisk, and Charlotte Garden et al. in support of respondent
Link: "Glacier Northwest Could Have Been Worse, But it’s Still Bad," by Andrew Strom
Link: ACS Statement about Glacier decision
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The U.S. Supreme Court struck a devastating blow to the Clean Water Act in its recent decision in Sackett v. EPA. Elizabeth Binczik speaks with Patrice Simms and Sam Sankar from EarthJustice about the nonsensical decision and its potentially catastrophic impact on environmental protection going forward.
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Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Guest: Patrice Simms, Vice President of Litigation for Healthy Communities, EarthJustice
Guest: Sam Sankar, Senior Vice President of Programs, EarthJustice
Link: "Supreme Court Catastrophically Undermines Clean Water Protections," by EarthJustice
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Recorded live at our 2023 ACS National Convention, Jeanne Hruska speaks first with TN State Rep. Justin J. Pearson about his and Rep. Justin Jones' expulsion from the TN state legislature and how we mobilize to advance the promise of democracy. She then speaks with Donald Sherman (CREW) and Mark Joseph Stern (Slate) about the biggest legal developments thus far in 2023 and what to expect in the second half of the year.
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Today's Host: Jeanne Hruska, ACS Sr. Advisor for Communications and Strategy
Guest: Rep. Justin J. Pearson, Tennessee State Representative, 86th District
Guest: Donald Sherman, Senior Vice President and Chief Counsel, CREW
Guest: Mark Joseph Stern, Senior Writer, Slate
Link: "Mommy, What If I Die When I Go Back to School?" by Rep. Justin J. Pearson
Link: "Justice Thomas must resign," Citizens for Responsibility and Ethics in Washington
Link: "The 5th Circuit Is Furious That the Supreme Court Put It in Timeout," by Mark Joseph Stern
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As our country races towards a financial cliff known as the debt limit, there is growing talk of President Biden invoking the 14th Amendment to defy the debt limit statute and continue to pay our nation's bills. Garrett Epps and Peter Shane join Jeanne Hruska to discuss the 14th Amendment and what could be the least worst option for the country.
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Today's Host: Jeanne Hruska, ACS Sr. Advisor for Communications and Strategy
Guest: Garrett Epps, ACS Board of Directors
Guest: Peter Shane, ACS Board of Directors
Link: "Biden Can Raise the Debt Ceiling Without Congress," by Garrett Epps
Link: "Our National Debt 'Shall Not Be Questioned,' the Constitution Says," by Garrett Epps
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Bradley Whitford (West Wing, The Handmaid's Tale, Get Out) stops by Broken Law to discuss his political activism, the state of our democracy, and why courts matter.
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Today's Host: Jeanne Hruska, ACS Sr. Advisor for Communications and Strategy
Guest: Bradley Whitford, Actor and Political Activist
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Copyright of American Constitution Society 2023.
“Any story of the Supreme Court that doesn’t include the shadow docket is a story that’s looking at an increasingly skewed and incomplete portion of the Court’s work," writes Professor Stephen Vladeck in his new book, "The Shadow Docket." Jeanne Hruska speaks with Professor Vladeck about his book, the Supreme Court's increasing use of the shadow docket, and what it means for the Court's legitimacy.
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Today's Host: Jeanne Hruska, ACS Sr. Advisor for Communications and Strategy
Guest: Stephen Vladeck, Charles Alan Wright Chair In Federal Courts, University of Texas School of Law
Link: "The Shadow Docket," by Stephen Vladeck
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Copyright of American Constitution Society 2023.
In less than two months, ChatGPT, an AI chatbot, has gained over 100 million users – outpacing TikTok in its rate of growth. In addition to their novelty, ChatGPT and AI tools like it raise numerous concerns about data privacy, intellectual property, ethics, and more. Jeanne Hruska speaks with Professor James Grimmelmann about these challenges and whether lawmakers are prepared to address them.
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Today's Host: Jeanne Hruska, ACS Sr. Advisor for Communications and Strategy
Guest: James Grimmelmann, Tessler Family Professor of Digital and Information Law, Cornell Law School
Link: "What Is ChatGPT Doing … and Why Does It Work?" by Stephen Wolfram
Link: "Eight Things to Know about Large Language Models," by Samuel R. Bowman
Link: "A Primer and FAQ on Copyright Law and Generative AI for News Media," by João Pedro Quintais
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Copyright of American Constitution Society 2023.
On our 100th episode, Russ Feingold speaks with Joan Biskupic, CNN Senior Supreme Court Analyst, about her new book, “Nine Black Robes,” which details how the Supreme Court came to be dominated by the conservative supermajority that it is today, with a close examination of the Trump administration’s handling of judicial vacancies.
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Today's Host: Russ Feingold, ACS President
Guest: Joan Biskupic, CNN Senior Supreme Court Analyst
Link: "Nine Black Robes," by Joan Biskupic
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Copyright of American Constitution Society 2023.
In the past couple of weeks, there has been a flurry of judicial activity over Mifepristone, one of the two drugs most often used in medication abortion and that was approved by the FDA over 20 years ago. On this episode, Jenny Ma returns to Broken Law to speak with Lindsay Langholz about the absurdity of the argument being made against Mifepristone, how it has played out in the courts thus far, and what may happen next.
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Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Jenny Ma, Senior Counsel, Center for Reproductive Rights
Link: I Need An A
Link: "Amicus Briefs: Alliance for Hippocratic Medicine v. FDA"
Link: "The Lawless Ruling Against the Abortion Pill Has Already Prompted a Constitutional Crisis," Mark Joseph Stern
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Copyright of American Constitution Society 2023.
Recent media reporting has uncovered just how widespread the use of child labor is in the United States. Rather than rush in to strengthen child labor laws and enforcement, some states are actually moving to make it easier for employers to hire children. Beth Binczik speaks with Terri Gerstein about why child labor is on the rise and what needs to happen to protect minors and workers' rights.
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Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Guest: Terri Gerstein, Director of the State and Local Enforcement Project, Harvard Law School
Link: "Alone and Exploited, Migrant Children Work Brutal Jobs Across the U.S.," by Hannah Dreier
Link: "Child workers found throughout Hyundai-Kia supply chain in Alabama," Reuters Investigates
Link: "Child labor laws are under attack in states across the country," Economic Policy Institute
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Copyright of American Constitution Society 2023.
The Florida state government has enacted multiple laws in recent years that censor what can and cannot be taught and discussed in the classroom. Taonga Leslie speaks with Kenneth Nunn about the experience of teaching about race in Florida. They discuss the consequences for teachers, students, and society when critical discussions of race are censored, strategies for countering such censorship, and some of the silver linings from what is happening right now.
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Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Guest: Kenneth Nunn, Professor of Law Emeritus, UF Law
Link: "Florida's fight against Diversity, Equity, and Inclusion," by Chuck Hobbs
Link: "Recent UF academic freedom infringements follow trend of collusion against faculty, professors say," by April Rubin
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Copyright of American Constitution Society 2023.
This year alone, hundreds of bills have been introduced in state legislatures aimed at erasing trans people from public life. Christopher Wright Durocher speaks with Alejandra Caraballo and Mary Kelly Persyn about this "legislative terror campaign," the devastating consequences of it, and how the legal community can fight in solidarity with the trans community in support of trans rights, dignity, and safety.
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Today's Host: Christopher Wright Durocher, ACS VP of Policy and Program
Guest: Alejandra Caraballo, Clinical Instructor, Harvard Law School
Guest: Mary Kelly Persyn, Founder and Principal, Persyn Law & Policy
Link: LGBTQ+ Legislative Tracker
Link: "Extradition Post Roe," by Alejandra Caraballo, et al
Link: "We Are All Transgender Now: On Resisting Tyranny," by Mary Kelly Persyn
Link: The National Child Traumatic Stress Network
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Copyright of American Constitution Society 2023.
The Equal Rights Amendment (ERA) was first introduced in 1923. 100 years later, with 38 states having ratified it, should it be considered the 28th Amendment to the U.S. Constitution? Lindsay Langholz speaks with Kathleen Sullivan about the status of the ERA and why the ERA is more important than ever.
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Today's Host: Lindsay Langholz, Sr Director of Policy and Program
Guest: Kathleen Sullivan, Senior Counsel, Quinn, Emanuel, Urquhart & Sullivan
Link: Video of Senate Judiciary Committee Hearing, "The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution"
Link: The ERA Coalition
Link: "We the Women," by Julie Suk
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Copyright of American Constitution Society 2023.
We've hosted several episodes about Dobbs and its aftermath. On this episode, Lindsay Langholz is joined by Khiara M. Bridges for a broader conversation about forced birth in America and what it means for pregnant people, families, and the law when forced birth becomes a banality.
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Today's Host: Lindsay Langholz, Sr Director of Policy and Program
Guest: Khiara M. Bridges, Professor, UC Berkeley School of Law
Link: "Race in the Roberts Court," by Khiara M Bridges
Link: National Network of Abortion Funds
Link: Sister Song
Link: "Reproductive Justice," Loretta Ross and Rickie Solinger
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Copyright of American Constitution Society 2023.
As we await the fate of the Biden administration's student loan forgiveness program before the Supreme Court, we take a look at the evolving use and existence of executive power. How powerful should the executive branch be? How would we go about reducing executive power? Jeanne Hruska speaks with Peter M. Shane about the evolution of executive power, with a close look at the last 40 years.
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Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Peter M. Shane, ACS Board of Directors, Ohio State University’s Moritz College of Law
Link: Democracy's Chief Executive Podcast
Link: "What Ford’s Pardon of Nixon Means (and Doesn’t Mean) for Trump," by Garrett M. Graff
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Copyright of American Constitution Society 2023.
The U.S. Supreme Court recently heard oral arguments in two lawsuits related to the Biden administration's student loan forgiveness program. Beth Binczik and Luke Herrine (Alabama Law) dissect all the talk about whether any of the plaintiffs had standing, the merits of the cases, and what the Biden administration could do if the Court thwarts the program.
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Today's Host: Beth Binczik, ACS Director of Policy and Program for Economic Justice
Co-Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Luke Herrine, Assistant Professor of Law, Alabama Law
Link: SCOTUS Oral Argument in Biden v. Nebraska
Link: Student Borrower Protection Center
Link: "How the Government Cancelled Betty Ann’s Debts," by Eleni Schirmer
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Copyright of American Constitution Society 2023.
There are nine judges in our federal judiciary who are not bound by a code of ethics, and they just so happen to be the nine most powerful judges in the country. Jeanne Hruska speaks with Mark Joseph Stern (Slate) and Chris Kang (Demand Justice) about the U.S. Supreme Court's "just trust us" approach to ethics, the problems this continues to create, and what a code of ethics for our highest court might look like.
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Today's Host: Jeanne Hruska, Sr Advisor for Communications and Strategy
Guest: Chris Kang, Chief Counsel, Demand Justice
Guest: Mark Joseph Stern, Senior writer at Slate
Link: "Why the Supreme Court Doesn’t Want You to Hear Its Opinion Announcements Live," by Dahlia Lithwick and Mark Joseph Stern
Link: "Former Anti-Abortion Leader Alleges Another Supreme Court Breach," by Joki Kantor and Jo Becker
Link: "The Supreme Court Can’t Even Agree on a Code of Ethics for Itself," by Elie Mystal
Link: Statement by Russ Feingold re: “Undue Influence: Operation Higher Court and Politicking at SCOTUS”
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This week, Lindsay Langholz speaks with Jessica Mason Pieklo from Rewire News Group to pull the curtain back on the anti-abortion movement. They discuss the pending lawsuit in federal district court that could result in abortion pills being banned, the concerted effort to target hormonal birth control, and much more.
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Today's Host: Lindsay Langholz, Senior Director for Policy and Program
Guest: Jessica Mason Pieklo, Senior Vice President and Executive Editor, Rewire News Group
Link: "Biden administration braces for ruling that could ban abortion pills," by Alice Miranda Ollstein and Adam Cancryn
Link: "Is the Right to Birth Control Next on the Chopping Block?" by Thalia Charles, Rewire News Group
Link: "‘Crisis Pregnancy Centers’ Are Deceptive. Why Aren’t There More Alternatives?" by Garnet Henderson
Link: "Childbirth Is Deadlier for Black Families Even When They’re Rich, Expansive Study Finds," by Claire Cain Miller, Sarah Kliff, and Larry Buchanan
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Copyright of American Constitution Society 2023.
Passed in the infancy of the world wide web, Section 230 of the 1996 Communications Decency Act has been called the “26 words that created the internet.” On February 21, the U.S. Supreme Court will hear oral arguments in Gonzalez v. Google, the Court's first case about Section 230 and the immunity it confers on providers of interactive computer services. Christopher Wright Durocher speaks with Dariely Rodriguez and David Brody from the Lawyer's Committee for Civil Rights Under the Law about the lawsuit and its potential impact on civil rights protection and censorship of people of color.
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Today's Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Dariely Rodriguez, Deputy Chief Counsel, Lawyers’ Committee for Civil Rights Under Law
Guest: David Brody, Managing Attorney, Lawyers’ Committee for Civil Rights Under Law
Link: Brief of the Lawyers' Committee for Civil Rights Under Law and Five Civil Rights Organizations as Amici Curiae in Support of Neither Party
Link: "A Supreme Court Case Could Decide the Fate of the Modern Internet," by Lizzie O'Leary
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If you are charged with a crime, you have a right to counsel. But what about a right to counsel if you are at risk of being evicted or losing custody of your children? How might a right to counsel in those situations close what is known as the “justice gap”? Jeanne Hruska speaks with Yael Cannon (Georgetown Law School) and John Pollock (Public Justice Center) to answer these questions and to explore the equity benefits of a civil right to counsel.
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Today's Host: Lindsay Langholz, Senior Director for Policy and Program
Guest: Yael Cannon, Associate Professor of Law, Georgetown Law
Guest: John Pollock, Attorney and Coordinator, Public Justice Center
Link: National Coalition for a Civil Right to Counsel
Link: National Center for Medical-Legal Partnership
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Copyright of American Constitution Society 2023.
Is there a correlation between the status of reproductive rights and the health of our democracy? Lindsay Langholz speaks with Jennifer Weiss-Wolf about this question and her recent article in Ms. Magazine and Rewire Magazine that asks if women's rights are the canary in the coal mine in the backsliding of democracies.
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Today's Host: Lindsay Langholz, Senior Director for Policy and Program
Guest: Jennifer Weiss-Wolf, Executive Director of the Birnbaum Women’s Leadership Network
Link: "Are Women’s Rights the Canary in the Coal Mine of a Democracy in Decline?" by Jennifer Weiss-Wolf
Link: "Periods Gone Public," by Jennifer Weiss-Wolf
Link: "Abortion Rights Are Essential to Democracy," series by Brennan Center
Link: Birnbaum Women's Leadership Network
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This week, we are talking about Law and the Political Economy, or LPE, which seeks to expose how the market and economy are disproportionately shaped by and to serve powerful interest groups and the economically and politically dominant. Christopher Wright Durocher speaks with Amy Kapczynski to better understand LPE, its development, and how it can be utilized to build an equitable economy.
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Today's Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Amy Kapczynski, Professor of Law at Yale Law School
Link: The Law and Political Economy Project
Link: "Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis," by Jedediah Britton-Purdy, David Singh Grewal, Amy Kapczynski & K. Sabeel Rahman
Link: "Reviving Progressive Constitutional Political Economy," co-hosted by ACS and Georgetown University Law Center
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Senate Majority Leader Schumer has said judges will be a priority for the new Senate. If that's the case, there are three changes to the Senate's rules and norms that should be immediately made to expedite confirmations and prevent obstruction of the confirmation process. Jeanne Hruska speaks with ACS President Russ Feingold about those three changes and why the Senate should not wait to make them.
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Today's Host: Jeanne Hruska, Sr Advisor for Communications and Strategy
Guest: Russ Feingold, ACS President
Link: "This is no time for games. The Senate needs to amend its rules," by Russ Feingold
Link: Tracking the Diversity of the Federal Bench
Link: "Inside Chuck Schumer's Long Game On Judges," by Jennifer Bendery
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This week, we build on our previous episode about the January 6th Select Committee's final report by taking a closer look at the corresponding investigations underway at the Department of Justice. Jeanne Hruska speaks with returning guest Mary McCord (Institute for Constitutional Advocacy and Protection) about how DOJ investigations operate, what to expect going forward, and the importance of accountability in safeguarding democracy.
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Today's Host: Jeanne Hruska, Sr Advisor for Communications and Strategy
Guest: Mary McCord, Visiting Professor of Law; Executive Director, Institute for Constitutional Advocacy and Protection
Link: "Dangerous Devotion: Congressional hearing examines threat of white Christian nationalism," (includes testimony from Mary McCord)
Link: The January 6th Select Committee's final report
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Copyright of American Constitution Society 2023.
The January 6th Select Committee held its last public hearing, released its final report, and officially wrapped up its investigation in December. What should we make of the 800-page report, the Committee's criminal referrals, and the pages and pages of transcripts from the Committee’s interviews? Jeanne Hruska speaks with Joyce Vance about the Committee's imapct and what we should expect from here.
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Today's Host: Jeanne Hruska, Sr Advisor for Communications and Strategy
Guest: Joyce Vance, Distinguished Professor of the Practice of Law, the University of Alabama Law School
Link: Final Report of the January 6th Select Committee
Link: "Trump’s obstruction of justice criminal referral matters. And prosecutors know it," by Joyce Vance
Link: "White House to Jim Jordan, James Comer: Sorry, but you have to restart your oversight requests," by Heidi Przybyla
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So much happened this year that it can be hard to recall it all and even harder to make sense of it all. Thankfully, our two guests do that for us on this week's episode. Jeanne Hruska speaks with Professor Khiara M. Bridges and Sr Politics Reporter Jennifer Bendery about the biggest takeaways from 2022 and what to expect in 2023.
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Today's Host: Jeanne Hruska, Sr Advisor for Communications and Strategy
Guest: Khiara M. Bridges, Professor, UC Berkeley School of Law
Guest: Jennifer Bendery, Senior politics reporter, HuffPost
Link: Video of Senate Judiciary Committee hearing, "A Post-Roe America"
Link: "Inside Chuck Schumer's Long Game On Judges," by Jennifer Bendery
Link: ‘"I Bawled’: A Congresswoman’s 18-Month Fight For A Neglected Tribal School Just Paid Off," by Jennifer Bendery
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The Supreme Court recently heard oral argument in 303 Creative LLC v. Elenis, a case billed as the sequel to the 2018 case Masterpiece Cakeshop. Both cases involve businesses wanting to discriminate against LGBTQ+ couples in defiance of Colorado’s Anti-Discrimination law. On this episode, Christopher Wright Durocher speaks with Professor Kent Greenfield about the oral argument in 303 Creative and the nefarious effort to use the First Amendment to justify discrimination.
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Today's Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Kent Greenfield, Professor and Dean's Distinguished Scholar at Boston College Law School
Link: Supreme Court oral argument in 303 Creative LLC v. Elenis
Link: Brief of Professor Kent Greenfield as Amicus Curiae in support of neither party
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Copyright of American Constitution Society 2022.
Recently, the Supreme Court heard oral arguments in a case that is equal parts baffling and dangerous: Moore v. Harper. On paper, it is about partisan gerrymandering. In reality, it's about a radical legal fiction that could upend constitutional law as we know it. Lindsay Langholz speaks with Allison Riggs from the Southern Coalition for Southern Justice, a member of the legal team representing the non-state respondents in Moore, about the case and this radical legal fiction known as the independent state legislative theory.
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Today's Host: Lindsay Langholz, Sr Director of Policy and Program
Guest: Allison Riggs, Co-Executive Director, Chief Counsel for Southern Coalition for Social Justice
Link: SCOTUS oral argument in Moore v. Harper
Link: MooreHarper.org
Link: Annotated Guide to the Amicus Briefs in Moore v. Harper, Brennan Center
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Copyright of American Constitution Society 2022.
Recent weeks witnessed the complete collapse of FTX, a cryptocurrency exchange. Treasury Secretary Janet Yellen referred to FTX’s downfall as a “Lehman moment” for cryptocurrency, referring to Lehman Brothers' collapse in the 2008 financial crisis. On this episode, Jeanne Hruska speaks with Professor Yesha Yadav of Vanderbilt University and Aaron Klein of the Brookings Institution to discuss this “Lehman moment,” its consequences for crypto more broadly, and whether FTX's downfall could push crypto-specific regulations across the finish line.
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Today's Host: Jeanne Hruska, Sr. Advisor for Communications and Strategy
Guest: Yesha Yadav, Professor of Law, Vanderbilt University Law School
Guest: Aaron Klein, Senior Fellow, Brookings Institution
Link: "Don’t Let FTX Executives Off the Hook Like Bankers in 2008," by Aaron Klein
Link: "It's Time to Regulate Crypto," The Weeds Podcast
Link: Transcript of Sam Bankman-Fried’s Interview at the NYT DealBook Summit
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Copyright of American Constitution Society 2022.
Today’s episode picks up where we left off last week, with Part II of our election debrief. First, Lindsay Langholz and Jeanne Hruska take a look at the ballot measures that voters weighed in on in 2022 and the potential for future progressive wins using this powerful tool. Second, Lindsay speaks with Marcia Johnson-Blanco and Anna Chu on election protection efforts. Given the wave of voter suppression laws passed in 2021 and 2022, election protection experts had their work cut out for them, and we hear how it went.
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Today's Host: Jeanne Hruska, Sr. Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Senior Director of Policy and Program
Guest: Marcia Johnson-Blanco, Co-Director, Lawyers’ Committee’s Voting Rights Project
Guest: Anna Chu, Executive Director of We the Action
Link: "What wins for Medicaid and the minimum wage mean for the future of ballot initiatives," by Dylan Scott
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Copyright of American Constitution Society 2022.
Now that Election Day has come and gone, we are going to take a look at what worked, what didn’t, and what to keep an eye on looking ahead to 2023 and 2024. There is so much to debrief that we will be covering this in two episodes. On Part I of our debrief, Lindsay Langholz speaks with Jessica Huseman about democracy being on the ballot and to debrief on how our election infrastructure and administrators came through the midterms.
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Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program
Guest: Jessica Huseman, Editorial Director Votebeat
Link: "Ultimately, things were fine on Election Day. Here’s what we’re watching now," by Jessica Huseman
Link: "How this Texas election official keeps the peace with right-wing voting activists," by Natalia Contreras
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Copyright of American Constitution Society 2022.
The Indian Child Welfare Act (ICWA) has been a successful federal law since it was enacted in 1978 and is considered by many experts to be the gold standard of child welfare practices. And yet, decades later, a federal court ruled ICWA unconstitutional in a widely criticized 2021 decision. The case, Brackeen v. Haaland, is now before the Supreme Court, which could with its decision rewrite much of Indian Law as we know it. Lindsay Langholz is joined by Professor Matthew Fletcher to debrief the oral arguments in the case and discuss the implications of potential outcomes.
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Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program
Guest: Matthew Fletcher, Harry Burns Hutchins Collegiate Professor of Law, Michigan Law
Link: Brief of Indian Law Professors as Amici Curiae in Support of Federal and Tribal Defendants
Link: SCOTUS oral argument in Haaland v. Brackeen
Link: "The Story of Baby O—and the Case That Could Gut Native Sovereignty," by Rebecca Nagle
Link: This Land podcast, hosted by Rebecca Nagle
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Copyright of American Constitution Society 2022.
This week, we are going to break down the epic 5+ hour long oral arguments that the Supreme Court heard in two related cases about affirmative action in higher education. It seems, yet again, even well-established precedent is open for re-examination by this packed Court. Lindsay Langholz is joined by Professor Vinay Harpalani to break down the oral arguments and discuss what we should expect when the Court issues its decisions next year.
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Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program
Guest: Vinay Harpalani, Professor of Law, University of New Mexico School of Law
Link: Brief for Legal Scholars Defending Race-Conscious Admissions as Amici Curiae in Support of Respondents
Link: Challenge to Harvard’s use of affirmative action was designed by a conservative to reach a friendly Supreme Court, by Joan Biskupic, CNN
Link: SCOTUS oral argument in Students for Fair Admissions v. University of NC
Link: SCOTUS oral argument in Students for Fair Admissions v. President and Fellows of Harvard
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Copyright of American Constitution Society 2022.
We are reportedly “post-COVID.” And yet, just recently, the National Assessment of Educational Progress reported steep declines in math and reading scores amongst U.S. fourth and eighth graders, compared to tests taken pre-COVID. This begs the question, what are ignoring or accepting when we claim we are post-COVID. This week, Jeanne Hruska is joined by Yael Cannon, Associate Professor of Law at Georgetown Law, to discuss health equity and justice, how they impact the conversation about being post-Covid, and the pivotal role that lawyers can play in achieving them.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Yael Cannon, Associate Professor of Law, Georgetown Law
Link: "Unmet Legal Needs as Health Injustice," by Yael Cannon
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Copyright of American Constitution Society 2022.
While much attention is being paid this election cycle on which party will control Congress come January, there are several down ballot races that will also have profound effects on our fundamental rights and on the legitimacy of our democracy. These include races for State Attorney General, Secretary of State, state court judges, and district attorneys. On this episode, we provide a rapid overview of these races and the topline selling points for why voters should vote their full ballot.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Senior Director of Policy and Program
Guest: Zack Gima, ACS Vice President of Strategic Engagement
Guest: Valerie Nannery, ACS Senior Director of Policy and Program
Guest: Christopher Wright Durocher, ACS Vice President of Policy and Program
Link: "Your Guide to All 35 States Deciding Their Next Secretary of State," by Bolts Magazine
Link: "Your State-by-State Guide to the 2022 Supreme Court Elections," by Bolts Magazine
Link: "An Office You Cannot Afford to Ignore on Your Ballot," by Valerie Nannery
Link: "The Role(s) of the State Attorney General in a Post-Dobbs Landscape," by Carolyn Shapiro
Link: "Dobbs and Trump Bring Focus to Prosecutorial Discretion," by David Toscano
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Copyright of American Constitution Society 2022.
We are just a few weeks out from Election Day and in several states, voters are already going to the polls. Election laws, including voting rights laws, have undergone significant change in many states since the 2020 election. Lindsay Langholz speaks with Jonathan Diaz from the Campaign Legal Center about the good, the bad, and the alarming when it comes to our electoral system - and what listeners can do to support election security.
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Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program
Guest: Jonathan Diaz, Senior Legal Counsel, Campaign Legal Center
Link: Election Protection Coalition
Link: "The Supreme Court’s Role in Undermining Democracy," by Campaign Legal Center
Link: Latest news and updates from Campaign Legal Center
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Copyright of American Constitution Society 2022.
On October 4, the U.S. Supreme Court heard oral argument in Merrill v. Milligan, a case about Alabama's racially gerrymandered congressional map. The question looming over this case is whether the Supreme Court will destroy what remains of the Voting Rights Act. Lindsay Langholz speaks with Bradley Heard from the Southern Poverty Law Center about the case, take aways from the oral argument, and what to expect when the Court hands down its decision next year.
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Today's Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Bradley Heard, Deputy Legal Director, SPLC's Voting Rights Practice Group
Link: U.S. Supreme Court oral argument in Merrill v. Milligan
Link: ACS and SPLC Program on Merrill v. Milligan
Link: The Packed Supreme Court Threatens What Remains of the VRA, ACS statement
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Copyright of American Constitution Society 2022.
The Supreme Court started its new term on October 3rd, and we are bracing for more cases where the Court could ignore precedent and judicial restraint, and eliminate safeguards to our civil rights and to our democracy. We preview several of the cases on the Court's docket and discuss their potential ramifications. These cases cover voting rights and gerrymandering, affirmative action, the death penalty, LGBTQ+ rights, and more.
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Today's Host: Jeanne Hruska, Sr. Advisor for Communications and Strategy
Guest: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Lindsay Langholz, Senior Director of Policy and Program
Link: ACS's National Supreme Court Preview 2022-2023
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Copyright of American Constitution Society 2022.
In America, it is a fantasy to believe that people accused of a crime will have their case decided by a jury of their peers. The reality is that most convictions are achieved through plea bargains controlled by prosecutors. Is there a way to unwind this broken system of fast-tracked convictions? Christopher Wright Durocher speaks with Dan Canon, author of the book Pleading Out: How Plea Bargaining Creates a Permanent Criminal Class, about the unjust practice of plea bargaining and how we fix it.
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Today's Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Dan Canon, Author of "Pleading Out"
Link: "Pleading Out" by Dan Canon
Link: "Criminalizing Race: Racial Disparities in Plea-Bargaining," by Carlos Berdejó
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Copyright of American Constitution Society 2022.
On this episode, Jeanne Hruska is joined by the co-authors of the new book, "The Constitution in Jeopardy," Russ Feingold and Peter Prindiville to discuss a dangerous effort by factions of the Right to radically rewrite the U.S. Constitution. Russ and Peter explain why more attention needs to be paid to this effort and why we need a "new kind of Constitutional politics" in this country.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Russ Feingold, ACS President and co-author of "The Constitution in Jeopardy"
Guest: Peter Prindiville, Non-Resident Fellow at the Stanford Constitutional Law Center and co-author of "The Constitution in Jeopardy"
Link: The Constitution in Jeopardy
Link: Article V of the Constitution
Link: "A Second Constitutional Convention? Some Republicans Want to Force One," by Carl Hulse, NYT
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Copyright of American Constitution Society 2022.
On this episode, we discuss sex, gender identity, and the Constitution. That's because we are talking about the Equal Rights Amendment (ERA) and the argument that it is already the 28th Amendment to the Constitution. Lindsay Langholz is joined by Kate Kelly, author of "Ordinary Equality," to discuss the ERA’s long journey, the women and queer activists who kept the project going for so long, and why their work and their fight are still relevant today.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Kate Kelly, Author of Ordinary Equality
Link: Ordinary Equality, by Kate Kelly
Link: Russ Feingold's Letter to Congresswoman Maloney Regarding the ERA
Link: Columbia ERA Project
Link: "State-Level Equal Rights Amendments," by the Brennan Center
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Copyright of American Constitution Society 2022.
This is a call to action! The U.S. Senate is back in session this month, and inevitably it has competing priorities between now and the end of the year. That's where this episode comes in. Jeanne Hruska speaks with Russ Feingold, President of ACS, and Zack Gima, Vice President of Strategic Engagement at ACS, about why the Senate should prioritize judicial nominations, how it can do that, and how listeners can help ensure it happens.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Russ Feingold, ACS President
Guest: Zack Gima, ACS Vice President of Strategic Engagement
Link: U.S. Senate switchboard: 202-224-3121.
Link: Senate Judiciary Committee members
Link: Contact ACS about our Path to the Bench Project: PathtotheBench@acslaw.org
Link: ACS's Tracker of Federal Judicial Nominations
Link: Diversity of the Federal Bench
Link: "It’s Time for Democrats to Play Hardball to Thwart Mitch McConnell," by Russ Feingold
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Copyright of American Constitution Society 2022.
As we head back to school and in honor of Labor Day, Lindsay Langholz speaks this week with Randi Weingarten, President of the American Federation of Teachers, AFL-CIO, about the myriad of new state laws censoring what teachers can say in the classroom, the resurgence of book bans by school districts, and the broader, purposeful effort to toxify public education.
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Today's Host: Lindsay Langholz, Director of Policy and Program
Guest: Randi Weingarten, President, American Federation of Teachers, AFL-CIO
Link: AFT's Take Action Resources
Link: "Who is Behind the Attacks on Educators and Public Schools?" by Edward Graham, NEA
Link: AFT Unveils Report on Teacher and School Staff Shortages
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Production House: Flint Stone Media
Copyright of American Constitution Society 2022.
It has been nearly two months since the Supreme Court released its decision in Dobbs v. Jackson Women’s Health, overturning Roe v. Wade and throwing the issue of abortion rights to the states. On this episode, Lindsay Langholz speaks with Professor Mary Ziegler about how the aftermath of Dobbs is playing out in the states. What does Kansas say about how abortion might fare in other states and what are the emerging trends as more lawsuits are filed and state courts deliberate over old and new state laws?
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Today's Host: Lindsay Langholz, Director of Policy and Program
Guest: Mary Ziegler, Martin Luther King Jr Professor of Law, UC Davis
Link: "Dollars for Life," by Mary Ziegler
Link: "Anti-Abortion Groups Once Portrayed Women as Victims. That’s Changing." by Mary Ziegler
Link: "Opinion: The coming state-federal showdown over abortion," by Mary Ziegler and Elizabeth Sepper
Link: "No, Justice Alito, Reproductive Justice Is in the Constitution," by Michele Goodwin
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Copyright of American Constitution Society 2022.
People with disabilities are the largest minority group in the United States and represent a vital voting constituency that is often overlooked. In recent years, several states have enacted voter suppression measures in the name of "election integrity," which disproportionately impact people with disabilities. Evan Monod speaks with Lia Sifuentes Davis, Clinical Professor at the University of Texas at Austin School of Law, about how the Americans with Disabilities Act (ADA) is being used to challenge these restrictive state voting laws and what it means to make democracy accessible.
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Today's Host: Evan Monod, ACS Law Fellow
Guest: Lia Sifuentes Davis, Clinical Professor, University of Texas at Austin School of Law
Link: The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities
Link: “New Texas Voting Law Brings on Federal Lawsuit Asserting Violation of ADA and More”
Link: “Court Strikes Down Texas Law Restricting Voter Assistance”
Link: “Disability and Voting Accessibility in the 2020 Elections”
Link: VIDEO: "Voting and the Disability Community: Progress Made and Needed”
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It can be easy to think that the U.S. democratic system is somehow exceptional, a product and an idea to be exported abroad. But the reality is far more complicated. As U.S. democracy faces a moment of truth, there are lessons to be learned from how elections are conducted and secured in other countries. Lindsay Langholz speaks this week with Ann Ravel, former FEC Commissioner, who has served as an election observer and expert in a number of countries. They delve into how other countries prevent voter suppression and ensure more gender and racial representation.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Ann Ravel, International election observer and Former FEC Commissioner
Link: ACS Poll Worker Pledge
Link: "U.S. should be attending, not hosting, a democracy summit" by Ann Ravel and Kevin Frazier
Link: "The Reform Law Needed to Counter Citizens United: H.R. 1" by Ian Vandewalker and Kevin Morris, Brennan Center
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The January 6th Select Committee has now held eight public hearings this summer. Its investigation is ongoing and more hearings are expected this fall. Simultaneously, more information is unfolding about DOJ's investigation into the events of January 6th, and there is separate state investigation underway in Fulton County, Georgia. This week, we discuss the latest and what to expect next on all of these fronts with Kyle Cheney, Congress Reporter at Politico, and Debra Perlin, Policy Director at Citizens for Responsibility and Ethics in Washington.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Kyle Cheney, Congress Reporter for POLITICO
Guest: Debra Perlin, Policy Director at CREW
Link: January 6th Select Committee's homepage
Link: "Jan. 6 committee tees up 20 witness transcripts for DOJ," by Kyle Cheney
Link: "DOJ, Georgia, New York: A guide to Trump's legal threats," by Kyle Cheney
Link: CREW's Statement on Cassidy Hutchinson Testimony
Link: "A radical plan for Trump’s second term," by Jonathan Swan
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This week, we continue our review of consequential decisions to come from the Supreme Court this term and turn our attention to Oklahoma v. Castro-Huerta, which will have major implications for tribal sovereignty and jurisdiction going forward. To discuss the decision, Lindsay Langholz is joined by Professor Maggie Blackhawk who explains how, as she described it, the Court acted “against hundreds of years of congressional action, against solid SCOTUS precedent, and hundreds of years of history” in handing down a “a devastating result for our democracy.” They also discuss a case the Court has agreed to take up next term regarding the Indian Child Welfare Act.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Maggie Blackhawk, Professor of Law, NYU School of Law
Link: Supreme Court decision in McGirt v. Oklahoma
Link: Supreme Court decision in Oklahoma v. Castro-Huerta
Link: SCOTUS Blog on Brackeen v. Haaland
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This week, we look back at several of the big decisions that came down from the U.S. Supreme Court in its most recent term, including New York State Rifle & Pistol Association v. Bruen, West Virginia v. EPA, and Vega v. Tekoh. We also look ahead to a couple of the major cases coming down the pike next term and discuss the alarming trends that are arising with this packed Court's conservative supermajority.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Host: Evan Monod, ACS Law Fellow
Guest: Christopher Wright Durocher, ACS Vice President for Policy and Program
Guest: Lindsay Langholz, ACS Director of Policy and Program
Link: 2021-2022 ACS National Supreme Court Review Program
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In its latest term, the U.S. Supreme Court decided two highly consequential decisions pertaining to the religion clauses of the First Amendment: Carson v. Makin and Kennedy v. Bremerton School District. Lindsay Langholz speaks this week with Ira "Chip" Lupu, Professor Emeritus of Law at GW Law School, about these two cases, just how divergent the decisions are from the Court's prior precedent, and what listeners should expect next given the Court's seemingly overt religious agenda.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Ira C. Lupu, F. Elwood and Eleanor Davis Professor Emeritus of Law at the George Washington University Law School
Link: "Kennedy v. Bremerton School District – A Sledgehammer to the Bedrock of Nonestablishment," by Ira C. Lupu and Robert W. Tuttle
Link: "Carson v. Makin and the Dwindling Twilight of the Establishment Clause," by Ira C. Lupu and Robert W. Tuttle
Link: SCOTUS Decision in Carson
Link: SCOTUS Decision in Kennedy
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The U.S. Supreme Court's final decision in Dobbs v. Jackson Women's Health is as bad as we feared it would be. For the first time in history, our highest court has eliminated a fundamental right by overruling Roe v. Wade. On this episode, Lindsay Langholz is joined by returning guests Jenny Ma, Senior Staff Attorney with the Center for Reproductive Rights, and Rosann Mariappurum, Executive Director of Jane's Due Process, to discuss the Dobbs decision, the legal uncertainty and confusion for patients and providers, and the flurry of legal activity to combat state abortion bans and restrictions. They also share how listeners can support abortion rights amidst the chaos of a post-Roe America.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Jenny Ma, Senior Staff Attorney, Center for Reproductive Rights
Guest: Rosann Mariappuram, Executive Director, Jane's Due Process
Link: Broken Law Episode 51: The Domino Effect of Dobbs
Link: Episode 52: A Guide to Reforming the Supreme Court
Link: i need an a
Link: National Network of Abortion Funds
Link: Abortion Finder
Link: State-by-State Guide on Abortion rights and resources
Link: Keep Our Clinics
Link: "Judge blocks Louisiana trigger law banning abortion," by Olafimihan Oshin and Associated Press
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The January 6th Select Committee held five public hearings in three weeks. Even for folks who are immersed in this, these hearings have provided a lot of information to process. Jeanne Hruska speaks with Barbara McQuade, professor at Michigan Law School and former U.S. Attorney, about the biggest takeaways from the hearings, the recent law enforcement activity seemingly connected to the Committee's findings, and what we might expect next from this Committee whose investigation is ongoing.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Barbara McQuade, Professor at Michigan Law School and former-U.S. Attorney for the Eastern District of Michigan
Link: The January 6th Select Committee
Link: "January 6 hearings Day 5 focus on DOJ's 'big lie' last stand," by Barbara McQuade
Link: "The Jan. 6 hearings spotlight Congress. But witnesses are the real stars," by Joyce Vance and Barbara McQuade
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Special episode recorded live at ACS's 2022 National Convention. In the first segment, Jeanne Hruska speaks with Ian Millhiser, Vox Media, and Mark Joseph Stern, Slate Magazine, about the biggest legal developments of 2022 thus far and the solutions they would impose if they were god for a day. They also sound off on Twitter and offer advice about careers in legal journalism. In the second segment, Jeanne checks in with Jenny Ma, Center for Reproductive Rights, and Rosann Mariapparum, Jane's Due Process, about how people can help their loved ones access abortion services and the sweeping implications of the Supreme Court's upcoming decision in Dobbs.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Ian Millhiser, Senior Correspondent at Vox Media
Guest: Mark Joseph Stern, Senior Writer at Slate Magazine
Guest: Jenny Ma, Senior Staff Attorney, Center for Reproductive Rights
Guest: Rosann Mariappuram, Executive Director of Jane's Due Process
Link: i need an a
Link: Abortion Finder
Link: National Network of Abortion Funds
Link: Abortion Care Network
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As we brace for the likelihood that the Supreme Court will overturn Roe v. Wade, there is growing conversation about how states with abortion bans could go about investigating whether someone has had an abortion. This has given rise to the notion of abortion surveillance – a harrowing concept and yet something that could soon be all too real. This week, Jeanne Hruska speaks with Chad Marlow, ACLU Senior Policy Counsel on privacy, surveillance, and technology issues, about what abortion surveillance could look like and what steps people can take to protect their privacy.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Chad Marlow, Senior Policy Counsel, ACLU
Link: "Abortion surveillance: in a post-Roe world, could an internet search lead to an arrest?" by Johana Bhuiyan
Link: "Enforcing Criminal Abortion Bans Post-Roe: ‘A Massive Escalation of Surveillance’" by Carrie N. Baker
Link: "‘Uterus surveillance’: The scramble to keep abortion data from prying eyes," by Ben Leonard
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Two years ago, the murder of George Floyd by a Minneapolis police officer, caught on camera, ignited a national and even a global movement for police reform and racial justice. Two years later, reform still feels elusive. On this week's episode, Jeanne Hruska speaks with A.L. Brown, a criminal defense attorney from Minneapolis-St. Paul, about the intersection of racial justice and police reform, and how lawyers and judges can help accomplish reform without waiting for legislation.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: A.L. Brown, Criminal Defense & Employment Lawyer at Capitol City Law Group, LLC
Link: "A statement against the criminalization of Black and Brown victims," by A.L. Brown
Link: ACS Minneapolis-St. Paul: Derek Chauvin Trial Discussion Part 2
Link: "A slap on the wrist," A.L. Brown speaking about the Potter sentencing
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Last October, we released an episode entitled, “The Case for Supreme Court Reform.” Since then, the urgency to reform our highest court has only intensified, as public trust in the Court continues to decline and the Court’s legitimacy along with it.
This week, Jeanne Hruska speaks with Kermit Roosevelt from the University of Pennsylvania Carey Law School about the "how to" of Supreme Court reform. They dive into the mechanics of establishing term limits for justices and expanding the Court. They also discuss the difference between the symptoms and the cause of the Court's legitimacy crisis.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Kermit Roosevelt, David Berger Professor for the Administration of Justice at University of Pennsylvania Carey Law School
Link: "Coming to Terms with Term Limits: Fixing the Downward Spiral of Supreme Court Appointments," by Kermit Roosevelt III and Ruth-Helen Vassilas
Link: "I Spent 7 Months Studying Supreme Court Reform. We Need to Pack the Court Now," by Kermit Roosevelt III
Link: "The Supreme Court isn’t well. The only hope for a cure is more justices," by Nancy Gertner and Laurence H. Tribe
Link: "Majority Say Let Roe Stand; Scotus Approval Rating Drops," Monmouth University
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The leaked draft opinion in Dobbs v. Jackson Women’s Health Organization, if officially released by the Supreme Court, would wipe out the federal constitutional right to abortion and directly impact the lives of millions of people. Already, the conservative legal movement is mobilizing to take advantage of the groundwork being laid in Dobbs to put same-sex marriage, contraception, and even interracial marriage in jeopardy. How wide will the impact of the Dobbs decision be and who will be affected? This week, Lindsay Langholz speaks with Kimberly Mutcherson, Professor and Co-Dean of Rutgers Law School, about the potential domino effect of Dobbs.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Programs
Guest: Kimberly Mutcherson, Co-Dean and Professor of Law, Rutgers Law School
Guest: "Pregnancy and Childbirth Endanger Women’s Lives and Health: 'Pregnancy Is Not a Benign Condition,'" by Carrie Baker
Link: "The People Who Promised Roe Was Safe Are Already Selling Their Next Bridge," by Dahlia Lithwick
Link: "Most Women Denied Abortions by Texas Law Got Them Another Way," by Margot Sanger-Katz, Claire Cain Miller and Quoctrung Bui
Link: "‘It will be chaos’: 26 states in US will ban abortion if supreme court ruling stands," by Jessica Glenza
Link: "How the Right to Birth Control Could Be Undone," by Melissa Murray
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The effects of climate change will be felt the strongest by young people. Refusing to stand idly by, 21 young people have sued the U.S. Government for violating their constitutional right to a climate that sustains life. The lawsuit, Juliana v. United States, is detailed in the documentary "Youth v Gov," now available on Netflix. This week, Jeanne Hruska speaks with Julia Olson, the lead attorney in the case, about the lawsuit, the documentary, and the way forward for climate litigation more broadly.
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Today's Host:
Guest: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Julia Olson, Executive Director and Chief Legal Counsel, Our Children's Trust
Link: Juliana v. United States details and timeline
Link: "A Climate-Lawsuit Dissent That Changed My Mind," by Robinson Meyer
Link: Youth v Gov, documentary
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Copyright of American Constitution Society 2022.
This week, we react to the leaked draft Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization, which would overturn Roe v Wade and eliminate the constitutional right to abortion. Peggy Li speaks with Jenny Ma, Center for Reproductive Rights, and Rosann Mariappuram, Jane's Due Process, about the impact the draft opinion will have if it is officially released by the Supreme Court and what it could mean for civil rights more broadly going forward. They discuss reproductive rights through the lens of Asian American and Pacific Islander (AAPI) heritage and the experiences of AAPI women and those who can become pregnant. And they explain what we all can do to support reproductive rights.
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Today's Host: Peggy Li, ACS Director of Chapters
Guest: Jenny Ma, Senior Staff Attorney, Center for Reproductive Rights
Guest: Rosann Mariappuram, Executive Director, Jane's Due Process
Link: National Network of Abortion Funds
Link: Abortion Care Network
Link: "Supreme Court has voted to overturn abortion rights, draft opinion shows," by Josh Gerstein and Alexander Ward, Politico
Link: Justice Alito's draft opinion which would overturn Roe v. Wade
Link: "Top 5 Reasons Why the Dobbs v. Jackson Women’s Health Case Matters," by the Center for Reproductive Rights
Link: "Why was a Texas woman charged with murder over an abortion?" by Nicole Narea, Vox
Link: "An Asian American Moment: Seven Days in March," by Peggy Li
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This week, we’re discussing Puerto Rico, specifically the many ways in which U.S. law continues to subject this and the other U.S. territories to second class status. The latest example? The Supreme Court recently ruled, in an unusual 8 to 1 decision, that Puerto Ricans can be denied government benefits, despite being U.S. citizens. Lindsay Langholz speaks with Adriel Cepeda Derieux of the ACLU about this case and how it is just the latest in a long line of oppressive measures taken by the United States against its territories.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Adriel I. Cepeda Derieux, Senior Staff Attorney, ACLU
Link: "Congress Can't Discriminate Against Puerto Rico Residents Just Because They Live There," by Adriel I. Cepeda Derieux
Link: “Nationals” but not “Citizens”: How the U.S. Denies Citizenship to American Samoans, by Adriel I. Cepeda Derieux and Gabriela Meléndez Olivera
Link: SCOTUS decision in United States v. Vaello Madero
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After interviewing hundreds of witnesses and reviewing tens of thousands of documents, the January 6th Select Committee is preparing to hold public, televised hearings. While we’ve learned a lot in recent months from subpoenas and lawsuits, the American public is presumably about to learn a whole lot more in these hearings. So, what do we know already and what should we expect from the hearings? Jeanne Hruska speaks with POLITICOS's Kyle Cheney and with Jeannie Rhee, a partner at Paul Weiss, about the Select Committee's work thus far and the lingering impact of January 6th on our democracy.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Kyle Cheney, Congress Reporter for POLITICO
Guest: Jeannie Rhee, Partner at Paul Weiss
Link: Judge Carter's Decision in Eastman v. Thompson
Link: "Jan. 6 panel piecing together details of final Trump-Pence call," by Kyle Cheney
Link: Interview with Jeannie Rhee on Countering Hate in Court, "Jan. 6 Did Not Come Out of Nowhere."
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In recent weeks, there's been a flurry of revelations about the political activities of Justice Clarence Thomas's spouse, Virginia Thomas, including her text messages to Mark Meadows, then President Trump's chief of staff, that seem to espouse electoral conspiracy theories. On this episode, Jeanne Hruska speaks with Vox Senior Correspondent Ian Millhiser about what we know about Ginni Thomas’s political activities, what they do or don’t say about Justice Thomas's role on the Supreme Court, and about the Court's "just trust us" approach to ethics. They also delve into how this all relates to the Supreme Court's ongoing legitimacy crisis.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Ian Millhiser, Senior Correspondent at Vox
Link: "Clarence Thomas' Long Fight Against Fair and Democratic Elections," by Ian Millhiser
Link: "SCOTUS Justices Should Not Get the Last Word on Impartiality," by Alan Morrison
Link: "A Code of Conduct for the Supreme Court? Legal Questions and Considerations," by the Congressional Research Service
Link: 28 U.S. Code § 455 - Disqualification of justice, judge, or magistrate judge
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We are celebrating the historic and bipartisan confirmation of Judge Ketanji Brown Jackson as the 116th Supreme Court Justice. Zinelle October, ACS executive vice president, speaks with Danielle Holley-Walker, Dean and Professor of Law of Howard Law School, and Russ Feingold, ACS president, about the significance of Judge Jackson's confirmation, while underscoring the Supreme Court's continued legitimacy crisis and need for reform. They also look back at those public hearings and the need for accountability over the despicable and racist behavior exhibited by certain senators.
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Today's Host: Zinelle October, ACS Executive Vice President
Guest: Danielle Holley-Walker, Dean and Professor of Law of Howard Law School
Guest: Russ Feingold, ACS President
Link: Remarks from Ketanji Brown Jackson after her confirmation
Link: "Dear America, Get Your Knee Off Our Necks," by Zinelle October
Link: "ACS Celebrates the Historic and Bipartisan Confirmation of Judge Ketanji Brown Jackson to the Supreme Court"
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Copyright of American Constitution Society 2022.
State courts handle the vast majority of lawsuits in this country, easily outworking federal courts. And as the packed U.S. Supreme Court rewrites American jurisprudence, state courts are poised to become the battleground for even more issues that impact our daily lives. This could explain why races for state judgeships are heating up, with more mudslinging, intimidation, and money being spent. Jill Dash speaks this week with Anita Earls, Associate Justice of the North Carolina State Supreme Court, to discuss the mounting politicization of state courts - and why it is all the more important for diverse, qualified lawyers to consider running for judgeships.
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Today's Host: Jill Dash, ACS Vice President of Strategic Engagement
Guest: Anita Earls, Associate Justice of the North Carolina Supreme Court
Link: Skewed Justice, by ACS
Link: ACS's Run.Vote.Work. Initiative
Link: Fair Courts Update: Assaults on State Courts Detailed in New Brennan Center Report, by Brennan Center
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Copyright of American Constitution Society 2022.
The world is currently facing the largest refugee crisis since the Second World War. Millions of people are fleeing the effects of war, poverty, and persecution from places as disparate as Afghanistan, Central America, Haiti, and now Ukraine. This is happening against the continued backdrop of COVID-19 and the U.S. government’s use of a long-dormant immigration authority to expel asylum seekers. Evan Monod speaks this week with Shoba Wadhia and Lee Gelernt about the current and enduring challenges with the U.S. immigration system and how the current state of migration underscores the urgency for reform.
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Today's Host: Evan Monod, ACS Law Fellow
Guest: Lee Gelernt, Deputy Director, ACLU Immigrants' Rights Project
Guest: Shoba Wadhia, Associate Dean for Diversity, Equity, and Inclusion, Penn State Law
Link: "Five Things to Know About the Title 42 Immigrant Expulsion Policy," by Leonardo Castañeda and Katie Hoeppner of the ACLU
Link: ACLU Update on Huisha-Huisha v. Mayorkas
Link: "The Racism and Incoherence of the World’s Asylum Systems," by Naureen Kahn
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Copyright of American Constitution Society 2022.
There are orchestrated assaults being led by certain state legislatures against trans rights and reproductive rights in this country. While these attacks have been ongoing for years, they are ratcheting up. From Florida's "Don't Say Gay Bill" to a bill in Missouri that would bar pregnant people from accessing abortion services out of state, state legislators seem to be competing to come up with the most extreme, dangerous legislation. Jeanne Hruska speaks with ACS's own Christopher Wright Durocher and Lindsay Langholz about recent developments in key states and about why we are likely to see increasingly extreme legislation attacking trans rights and reproductive rights in the near term. They also discuss the 50th anniversary of the Equal Rights Amendment passing Congress and being sent to the states.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Christopher Wright Durocher, ACS Vice President of Policy and Program
Guest: Lindsay Langholz, Director of Policy and Program
Link: "Issues Impacting LGBTQ Youth Polling Analysis," by The Trevor Project
Link: "Texas Is Terrorizing Trans Youth," by Chase Strangio
Link: "What If Roe Fell?" by the Center for Reproductive Rights
Link: Equal Rights Amendment
Link: "Women’s Rights and Democracy Are Inextricably Linked," by Jennifer Weiss-Wolf, Brennan Center
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Copyright of American Constitution Society 2022.
This November, voters in 30 states and the District of Columbia will be casting ballots for state attorney general. These elected officials work on many issues that impact our everyday lives, and yet, many people do not know exactly what they do or who is running for the office. Valerie Nannery speaks this week with Lisa Madigan, former state Attorney General for Illinois, about what it means to run for and serve as a state attorney general, and how voters can learn more about this important position before voting this fall.
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Today's Host: Valerie Nannery, ACS Senior Director for Network Advancement
Guest: Lisa Madigan, Partner at Kirkland & Ellis and Former Illinois Attorney General
Link: ACS's State Attorneys General Project
Link: ACS's Run.Vote.Work. Initiative
Link: "Get to Know Your State Attorney General; Their Work Matters More than You Know."
Link: Chicago Police Consent Decree
Link: National Association of Attorneys General
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Copyright of American Constitution Society 2022.
Last month, Russia launched a premeditated, unjustified, and unprovoked military invasion of Ukraine in flagrant violation of international law. In response, the international community has unleashed crippling economic sanctions on Russia, President Biden has vowed that the United States will fulfill its obligations as a member of NATO, and the International Criminal Court has launched a probe into Russian war crimes. Debra Perlin speaks this week with Steve Vladeck about the laws and legal systems governing each of these developments, and about why American diplomatic capital is vital in times of international crisis.
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Today's Host: Debra Perlin, ACS Director of Policy and Programs
Guest: Stephen Vladeck, Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law
Link: "We Must be Unequivocal in Our Defense of Democracy," by Russ Feingold, ACS President
Link: The National Security Law Podcast: Rhyming or Outright Repeating?
Link: UN Charter
Link: NATO Treaty
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Copyright of American Constitution Society 2022.
Secretaries of State (SoS) play a key role in preserving election security and access to the ballot. Voters will be casting ballots for their state's SoS in 27 states this year. But, just what is involved in being a SoS? And what should be made of the effort underway to pack these offices with proponents of "the Big Lie"? Lindsay Langholz speaks this week with Michigan Secretary of State Jocelyn Benson about the importance of SoS and how listeners can support election integrity in their states. This episode is part of ACS's Run.Vote.Work. initiative, focused on increasing voter education and engagement on down ballot races, including those for Secretary of State.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Programs
Guest: Jocelyn Benson, Michigan Secretary of State
Link: ACS's Run.Vote.Work. Initiative
Link: "If voters don’t stop it, election deniers could kill American democracy," by Secretaries of State Shirley N. Weber and Jocelyn Benson
Link: "Money Pours into State Secretary of State Races," Brennan Center
Link: "State Secretaries of State: Guardians of the Democratic Process," by Jocelyn Benson
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Copyright of American Constitution Society 2022.
The Supreme Court is taking up four cases, consolidated under the name West Virginia v. EPA, that could lead to the most consequential decision on the government’s ability to fight climate change in recent history. Although the litigation is nominally over President Obama’s Clean Power Plan – which was repealed by the Trump administration but still exists in a zombie-like legal state – it's really about the executive branch's ability to fight climate change - and to govern more broadly. To help us understand what is at stake in this case, Debra Perlin speaks this week with two friends from Earthjustice, Jill Tauber and Kirti Datla.
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Today's Host: Debra Perlin, ACS Director of Policy and Programs
Guest: Jill Tauber, Vice President of Litigation for Climate and Energy at Earthjustice
Guest: Kirti Datla, Director of Strategic Legal Advocacy at Earthjustice
Link: Earthjustice's Action Center
Link: Equitable & Just National Climate Platform
Link: Climate Law Blog, Sabin Center for Climate Change Law
Link: Supreme Court Oral arguments
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Supreme Court confirmations are headlining events, driving the news cycle and consuming the Senate’s attention. But just what does the confirmation process look like behind the scenes? Beyond the TV cameras of the public hearing, what goes into putting a justice on the Supreme Court? Jeanne Hruska talks this week with ACS President Russ Feingold, who voted on six Supreme Court justices during his tenure in the U.S. Senate, about the norms, the politics, and ideas for reform of the Senate confirmation process.
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Today's Host: Jeanne Hruska, ACS Sr. Advisor for Communications and Strategy
Guest: Russ Feingold, President of ACS
Link: Justice Breyer's Retirement and the Supreme Court Confirmation Process
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Copyright of American Constitution Society 2022.
What role do ethics violations play in the degradation of our democracy? The Trump administration left behind a legacy of profound corruption, egregious conflicts of interest, and outrageous self-dealing. The Wall Street Journal has reported on over 130 judges who have violated conflicts of interest laws. And Congress evades accountability on the regular by exempting itself from the Freedom of Information Act. This week, Debra Perlin speaks with Donald Sherman and Virginia Canter from Citizens for Responsibility and Ethics in Washington (CREW) about these and other ethics issues in the news and about how we build more effective government ethics regimes to safeguard our democracy.
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Today's Host: Debra Perlin, ACS Director of Policy and Programs
Guest: Donald Sherman, Vice President and Chief Counsel of CREW
Guest: Virginia Canter, Chief Ethics Counsel at CREW
Link: "What Democracy Looks Like: a blueprint for an accountable, inclusive and ethical government" by CREW
Link: "131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest" by James V. Grimaldi, Coulter Jones and Joe Palazzolo from the Wall Street Journal
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Dr. Marcus Hunter joins Broken Law to talk with Peggy Li about why reparations are needed in the United States and how the movement for reparations works with and alongside the movement for Truth, Racial Healing, and Transformation (TRHT) in this country. This episode is a great follow-up to Episode 9's introduction to TRHT. Dr. Hunter and Peggy address common misunderstandings about reparations, precedent for reparations in the U.S. and beyond, and examples of states and communities that are pursuing reparations locally. Their discussion concludes with how listeners can engage in the movement for reparations and TRHT.
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Today's Host: Peggy Li, ACS Director of Chapters
Guest: Dr. Marcus Hunter, Professor of Sociology and African American Studies at UCLA
Link: "Radical Reparations" by Dr. Marcus Hunter
Link: Video of "Racial Healing for Justice: Reparations and Transformation" event
Link: H.R. 40 - Commission to Study and Develop Reparation Proposals for African Americans Act
Link: Mapping Support for Truth, Racial Healing, and Transformation by Bridging Divides Initiatives
Link: ACS's Truth, Racial Healing, and Transformation initiative
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Elie Mystal, Legal Analyst and Justice Correspondent for The Nation, stops by Broken Law to talk with Jeanne Hruska about what he means when he says, "you either control the Supreme Court or you control nothing.” They discus the Supreme Court's role in creating the voting rights crisis confronting the country and the Court's mounting assault on the executive branch. Elie concludes by making the case for why having fifty justices on the Court could actually make sense.
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Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Elie Mystal, Legal Analyst and Justice Correspondent, The Nation
Link: Allow Me to Retort, by Elie Mystal
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Copyright of American Constitution Society 2022.
Late last year, the U.S. Supreme Court heard oral arguments in a case challenging a NY State firearm regulation under the Second Amendment—New York State Rifle & Pistol Association v. Bruen. This is the case that gun rights advocates have been waiting for and they are counting on the Supreme Court to deliver a blockbuster decision that radically expands the individual right to bear arms. Gun violence prevention advocates are bracing for the worst while hoping that the Court will be more circumspect in its decision. Christopher Wright Durocher speaks with Darrell Miller and Po Murray about how we got here and what the future may hold when the Supreme Court issues its decision later this year.
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Today's Host: Christopher Wright Durocher, ACS Senior Director for Policy and Program
Guest: Darrell Miller Melvin G. Shimm Professor of Law at Duke Law
Guest: Po Murray, Chairperson of the Newtown Action Alliance
Link: Supreme Court oral argument in New York State Rifle & Pistol Association v. Bruen
Link: "Conservatives sound like anti-racists — when the cause is gun rights" by Darrell Miller
Link: "Constitutional Conflict and Sensitive Places" by Darrell Miller
Link: Gun Violence Prevention Groups Statement on the Need to Expand and Rebalance the Supreme Court
Link: "Firearm Localism" by Joseph Blocher
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Copyright of American Constitution Society 2022.
The battle over the 2022 midterm elections has already begun. Gerrymandering, packing of election offices, and new voter suppression laws are being leveraged to influence the results of the upcoming midterms before a single ballot is cast. Lindsay Langholz speaks with Michael Li and Elizabeth Howard from the Brennan Center for Justice about whether we are already in full crisis mode, how we got here, and what we do to protect voting rights and election integrity in the face of these anti-democratic challenges.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Michael Li (李之樸) Senior Counsel, Brennan Center for Justice
Guest: Elizabeth Howard, Senior Counsel, Brennan Center for Justice
Link: "Early Lessons from the Current Redistricting Round," by Michael Li (李之樸)
Link: "How to Protect Election Workers," by Elizabeth Howard, Lawrence Norden, and Tim Lau
Link: "6 in 10 Americans say U.S. democracy is in crisis as the 'Big Lie' takes root" by Joel Rose at NPR
Link: "Here's where election-denying candidates are running to control voting," by Miles Parks at NPR
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Copyright of American Constitution Society 2022.
One year ago, an angry mob of white supremacist anarchists stormed the U.S. Capitol, interrupted the constitutionally required counting of Electoral College votes, and tried to undermine the peaceful transfer of power. One year later there have been investigations, some prosecutions, and even an impeachment, but has it been enough to prevent January 6th from serving as a blueprint for future insurrections? Debra Perlin speaks with Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP), about the lasting impact of January 6th and what needs to happen moving forward.
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Today's Host: Debra Perlin, ACS Director of Policy and Program
Guest: Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP)
Link: ICAP Brief in Trump v. Thompson
Link: "Trump's Next Coup Has Already Begun," by Barton Gellman
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In our final episode of 2021, Jeanne Hruska speaks with Melissa Murray, Professor at the NYU School of Law, and Mark Joseph Stern, staff writer at Slate Magazine, about the legal legacy of the past twelve months. What were the biggest legal stories of the year? Which legal stories went underreported? And which legal journalists and experts should you be following heading into 2022?
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Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Melissa Murray of Frederick I. and Grace Stokes Professor of Law at the NYU School of Law
Guest: Mark Joseph Stern, Staff Writer for Slate Magazine
Link: Elie Mystal, The Nation
Link: Dahlia Lithwick, Slate Magazine
Link: Errin Haines, Shefali Luthra, and Emily Ramshaw, The 19th
Link: Dorothy Roberts, University of Pennsylvania Carey Law School
Link: Ann Marimow, Washington Post
Link: Sabrina Tavernise, New York Times
Link: Follow Cristian Farias on Instagram (@cristianafarias)
Link: Follow Tierney Sneed on Instagram (@Tierney_Megan)
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Copyright of American Constitution Society 2021.
In this final episode of our State of Democracy series, we discuss the importance of a vibrant civil society, which is frequently discussed in foreign policy circles, but less so here at home. Jeanne Hruska speaks with Sarah Holewinski from Human Rights Watch and Jon Temin from Freedom House about what we, as civil society stakeholders, can do to strengthen democracy, and whether our involvement is actually a prerequisite for this task. They also reflect back on President Biden's Summit for Democracy and what needs to happen moving forward to reverse the decline in global freedom.
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Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Sarah Holewinski , Washington Director, Human Rights Watch
Guest: Jon Temin, Director of the Africa Program at Freedom House
Link: Human Rights Watch
Link: Freedom House
Link: The Summit for Democracy, U.S. Department of State
Link: White House Fact Sheet: Announcing the Presidential Initiative for Democracy Renewal
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Copyright of American Constitution Society 2021.
70 years after the establishment of the United Nations and the signing of the Universal Declaration of Human Rights, we are witnessing mounting human rights abuses in every corner of the globe. These abuses are piling up alongside what experts say is a pattern of global democratic retreat, forcing us to wonder if these two phenomena are linked together. Are democracy and human rights interdependent? And if so, how do we address a world where both are seemingly in decline? Debra Perlin speaks with Juan Mendez, Professor of Human Rights Law in Residence, to answer these and other questions about the state of democracy around the world.
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Today's Host: Debra Perlin, ACS Director of Policy and Program
Guest: Juan Mendez, Professor of Human Rights Law in Residence, American University - Washington College of Law
Link: Universal Declaration of Human Rights
Link: Office of the UN High Commissioner for Human Rights
Link: Documentary Series Features Special Rapporteur on Torture Juan E. Mendez: In His Own Words
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Copyright of American Constitution Society 2021.
On December 1st, the Supreme Court heard oral arguments in the blockbuster abortion case Dobbs v. Jackson Women's Health Org. Lindsay Langholz speaks with Gretchen Borchelt, Vice President for Reproductive Rights and Health at the National Women's Law Center, on this week's episode to break down the oral arguments and discuss what the future holds for reproductive rights and justice. Will the Court use Dobbs to overturn Roe v. Wade and nearly 50 years of precedent that clearly established the constitutional right to an abortion? What impact would that have, not just on the right to abortion but on other areas of constitutional law? And where do we go from here in the fight for reproductive rights? They discuss these and other pressing questions.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Gretchen Borchelt, Vice President for Reproductive Rights and Health at the National Women’s Law Center
Link: Audio Recording of the Supreme Court's oral arguments in Dobbs v. Jackson Women's Health Org
Link: Brief of Amici Curiae National Women's Law Center and 72 Additional Organizations Committed to Gender Equality in Support of Respondents
Link: Brief of Amici Curiae Economists in Support of Respondents
Link: The Turnaway Study
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Copyright of American Constitution Society 2021.
Across the globe, we are witnessing a democratic decline, including worrying signs of democratic retreat here at home. Elected autocrats are fine tuning their playbook in countries as diverse as Venezuela and Hungary. What is leading to this rise in global authoritarianism and how can democracies combat it? This week, Debra Perlin speaks with Michael Abramowitz, president of Freedom House, about these and other questions about the state of democracy around the world.
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Today's Host: Debra Perlin, ACS Director of Policy and Program
Guest: Michael Abramowitz, President of Freedom House
Link: Freedom House Map
Link: "Biden's Summit for Democracy shouldn't be just a photo-op" by Michael Abramowitz and David Kramer
Link: Freedom House report "Democracy under Siege"
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Copyright of American Constitution Society 2021.
For as much talk as there is about the presidency and whom we elect to Congress, there is rarely public conversation about who is sitting on our federal courts, specifically those that are not the U.S. Supreme Court. This absence of public discourse is at odds with the impact that the federal courts have on our lives. On this episode, Jeanne Hruska chats with Jill Dash, ACS Vice President for Strategic Engagement, about the federal courts, why they matter, and about how egregiously undiverse they are. The stats will shock you. They also discuss how people go about becoming federal judges and how listeners can engage in the process.
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Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Guest: Jill Dash, ACS Vice President of Strategic Engagement
Link: ACS's Path to the Bench Project
Link: ACS's Judicial Nominations tracker
Link: Diversity of the Federal Bench
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Copyright of American Constitution Society 2021.
McGirt v. Oklahoma may be the most consequential recent Supreme Court case that you have never heard of. McGirt, decided in July 2020, stunned many Court watchers and Indian Law experts. Rather than uphold white political dominance, the Supreme Court ruled that a sizeable portion of Oklahoma remains Native American land. Why is this so consequential? Christopher Wright Durocher speaks with Amb. Keith Harper (Ret.) and Professor Maggie Blackhawk to answer this and other questions about McGirt and its enduring impact.
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Today's Host: Christopher Wright Durocher, ACS Senior Director of Policy and Program
Guest: Amb. Keith M. Harper (ret.), ACS Board of Directors and Chair of the Native American Practice at Jenner and Block
Guest: Maggie Blackhawk, NYU Law
Link: Supreme Court decision in McGirt v. Oklahoma
Link: "On Power & the Law: McGirt v. Oklahoma" by Maggie Blackhawk
Link: This Land Podcast
Link: Turtle Talk blog
Link: Tribal Supreme Court Project
Link: Indian Country Today. Digital. Indigenous. News.
Link: Indianz. Native American news, information and entertainment.
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Copyright of American Constitution Society 2021.
Throughout the world, the death penalty is in decline. Since 1976, more than 75 countries have abolished the death penalty, and many others have severely curtailed its use or abolished it in practice, if not in law. While this trend is reflected in parts of the United States, the federal government and many states retain capital punishment. How does this affect our country’s standing in the international community, particularly as a moral authority on issues like human rights? Christopher Wright Durocher speaks with Kristina Roth and Elizabeth Zitrin to answer this and other questions about how the world views the death penalty.
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Today's Host: Christopher Wright Durocher, ACS Senior Director of Policy and Program
Guest: Kristina Roth, Senior Advocate for Criminal Justice Programs at Amnesty International USA
Guest: Elizabeth Zitrin, Vice Chair of the Board of Directors of Witness to Innocence and past President and Senior Advisor of the World Coalition Against the Death Penalty
Link: The Death Penalty in America
Link: Amnesty International on the Death Penalty
Link: World Coalition Against the Death Penalty
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Copyright of American Constitution Society 2021.
Disability law and policy is too often pushed to the edges of the legal field, left to folks from the disability community to both advocate for and navigate. But we know that these issues impact every aspect of our legal system and our collective daily lives. According to the Center for Disease Control, one in four adults has a disability in this country. How do we reform disability law so it actually achieves disability justice? Lindsay Langholz talks with Marissa Ditkowsky about the patchwork of laws that are too often treated as a ceiling instead of the floor when it comes to accessibility, and how we all can help fix disability law.
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Marissa Ditkowsky, Diversity Chair, ACS District of Columbia Lawyer Chapter, and Tzedek DC’s 2019-2021 Gallogly Family Foundation Fellow
Link: "October is National Disability Employment Awareness Month. How Can You Help Make the Legal Profession Less Exclusionary?" by Marissa Ditkowsky
Link: "Disability Justice is Gender Justice: Acknowledging Disabled Women This Women’s History Month" by Marissa Ditkowsky
Link: "Debunking Disability Enforcement Myths" by Jasmine Harris and Karen Tani
Link: The Americans with Disabilities Act
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Copyright of American Constitution Society 2021.
The U.S. Supreme Court is facing a legitimacy crisis. Put simply, we no longer have a Supreme Court that can be trusted to uphold constitutional rights, judicial norms, and democratic guardrails in this country. ACS President, Russ Feingold, and Executive Vice President, Zinelle October, join Jeanne Hruska to discuss how the Supreme Court reached this point and the structural and non-structural reforms that are urgently needed to restore the Court’s credibility and to protect our country's democratic legitimacy.
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Today's Host: Jeanne Hruska, Senior Advisor for Communications and Strategy
Guest: Russ Feingold, President of ACS
Guest: Zinelle October, Executive Vice President of ACS
Link: "Americans no longer have faith in the US supreme court. That has justices worried" by Russ Feingold
Link: "What's Next for Supreme Court Reform," ACS virtual program
Link: "How to Save the Supreme Court" by Daniel Epps and Ganesh Sitaraman
Link: "Closing Reflections on the Supreme Court and Constitutional Governance" by Jamal Greene
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Copyright of American Constitution Society 2021.
Over 30,000 people work for the federal judiciary, a system that the public relies on for redressing sexual and workplace harassment. And yet, those 30,000 employees go to work each and every day without the protection of Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. Now, some employees are taking the federal judiciary to court for sexual harassment in the workplace. Ashley Erickson talks with Ally Coll and Deeva Shah about this litigation and the reforms needed to protect the employees who keep our courts running.
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Today's Host: Ashley Erickson, ACS Director of Network Advancement
Guest: Ally Coll, President and Co-Founder of The Purple Campaign
Guest: Deeva Shah, Associate at Keker, Van Nest & Peters
Link: Brief of Amici Curiae Legal Momentum, National Women's Law Center, The Purple Campaign, and 32 Additional Organizations in Support of Plaintiff -Appellant
Link: Brief of Amici Curiae for Named and Unnamed Current and Former Employees of the Federal Judiciary Who Were subject to or Witnessed Misconduct as Amici Curiae in Support of Appellant Jane Roe
Link: Brief of Amici Curiae Aziz Huq and Erwin Chemerinsky in Support of Appellant, regarding the doctrine of sovereign immunity.
Link: "On Sexual Harassment in the Judiciary" by Leah Litman and Deeva Shah
Link: "Enough is Not Enough: Reflection on Sexual Harassment in the Federal Judiciary" by Olivia Warren
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Copyright of American Constitution Society 2021.
Right now, the diversity of the American public is scarcely reflected in positions of leadership, whether on the bench or even in the film industry. While diversity is often discussed in the form of percentages and statistics, numbers do not explain what is lost when diversity is missing. As we celebrate Hispanic Heritage Month, Zoraima Peleaz is joined by Judge Maria Lucy Armendariz and Emmy-Nominated filmmaker Carlos Sandoval to discuss how they honor their Hispanic heritage and why we need diversity in leadership. They share the personal stories that have shaped their lives and the challenges of being a leading voice in majority white and Anglo occupations.
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Today's Host: Zoraima Pelaez, Member of the ACS Board of Directors, Student at the University of Texas School of Law
Guest: Hon. Maria Lucy Armendariz, Los Angeles Superior Court in California
Guest: Carlos Sandoval, Filmmaker
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Copyright of American Constitution Society 2021.
At 17 years old, Jarrett Adams was wrongly convicted and sentenced to 28 years in prison. It took him ten years to prove his innocence. As shocking as Jarrett's story is, he will be the first to tell you that it is not as unique as you think. Join Meghan Paulas for her conversation with Jarrett, author of Redeeming Justice, about his journey through the broken criminal legal system and why it's all too common to be Black, innocent, and convicted.
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Today's Host: Meghan Paulas, Vice President of Network Advancement at ACS
Guest: Jarrett Adams, Attorney at The Law Offices of Jarrett Adams
Link: Jarrett's Book "Redeeming Justice"
Link: Life After Justice
Link: National Registry of Exonerations
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
The twenty years since 9/11 have seen the growth of the "Surveillance State," with the proliferation of government surveillance following the enactment of the USA PATRIOT Act. On this episode, Debra Perlin is joined by Hasan Ali from Microsoft and Greg Nojeim from the Center for Democracy and Technology to discuss how increased surveillance has changed the way Americans think about privacy. They will also take a step back and ask not if we need more surveillance to deal with rising threats of domestic terrorism and public health crises, but if perhaps we already have too much.
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Today's Host: Debra Perlin, Director of Policy and Program at ACS
Guest: Hasan Ali, Assistant General Counsel for Cloud and AI Projects at Microsoft
Guest: Greg Nojeim, Senior Counsel and Co-Director of the Security and Surveillance Project
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Copyright of American Constitution Society 2021.
In the wake of 9/11, Congress passed the 2001 Authorization for the Use of Military Force (AUMF). Only one member of Congress voted against it, Congresswoman Barbara Lee. Join Russ Feingold, the only senator to vote against the USA PATRIOT Act, for his interview with Congresswoman Lee about what happened behind the scenes in the lead up to the AUMF and what it is like to be a dissenter in Congress. Together, they discuss the legacy of the AUMF and what Congress should do moving forward to implement the lessons learned from giving the executive branch a "blank check" authorization for military force.
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Today's Host: Russ Feingold, President of ACS
Guest: Congresswoman Barbara Lee of the U.S. House of Representatives
Link: Russ's article, "It's Time to Tear Up the Executive Branch's Blank Check"
Link: Congresswoman Lee's article, "Ending the Post 9/11 Forever Wars"
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Copyright of American Constitution Society 2021.
On Part I of our Legal Legacy of 9/11 series, we focus specifically on domestic extremism and how we can avoid repeating the same post-9/11 mistakes when it comes to confronting this domestic threat. In the weeks and months following 9/11, the U.S. government adopted an aggressive preventative approach to international counterterrorism. This approach was seen through expansive new legislation, sweeping executive branch actions, and even with how the government was reorganized with counterterrorism as the defining priority. The 20th anniversary of 9/11 is an opportunity to examine what lessons we can learn from this post 9/11 approach in an effort to ensure we do not repeat the same mistakes going forward. Join Debra Perlin for her interview with Shirin Sinnar, from Stanford Law School, and Michael German, from the Brennan Center, for this look back at the legal legacy of 9/11.
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Today's Host: Debra Perlin, ACS Director of Policy and Program
Guest: Shirin Sinnar of Stanford Law School
Guest: Michael German of Brennan Center
Link: Shirin's Issue Brief "Rethinking Our Counterterrorism Framework: How to address domestic terrorism twenty years after 9/11"
Link: Michael's article "How to Combat White Supremacist Violence? Avoid Flawed Post 9/11 Tactics"
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Copyright of American Constitution Society 2021.
Since the U.S. Supreme Court decided Roe v. Wade in 1973, reproductive rights have never been more in peril than they are today, due to the make up of our highest court. How did we get here and what can be done to preserve abortion access in this new reality? Join Lindsay Langholz for her conversation with Julie Kay and Kathryn Kolbert, authors of the new book Controlling Women, as they discuss the evolution of abortion rights and break down the real forces at work in restricting access across the country. They answer the question, what can advocates and lawyers do to save reproductive rights?
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Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Guest: Kathryn "Kitty" Kolbert
Guest: Julie F. Kay
Link: Controlling Women
Link: Julie and Kitty's article, "It’s time to brace ourselves for a world without Roe v Wade. Here’s what we must do"
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Copyright of American Constitution Society 2021.
In 2019, New Hampshire became the 21st state to repeal the death penalty. With growing momentum across the country to abolish the death penalty, are there lessons to be learned from the states that have recently done so? Join Jeanne Hruska for her interview with Renny Cushing, a NH Representative who led the effort to repeal the death penalty in his state, about how this genuinely purple state succeeded in repealing the death penalty after many fits and starts.
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Today's Host: Jeanne Hruska, ACS, Senior Advisor for Communications and Strategy
Today's Guest: Renny Cushing, NH House of Representatives
Link: The Death Penalty in America, by ACS
Link: NH's Death Penalty Repeal Legislation
Link: Murder Victims' Families for Human Rights
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
The U.S. Census Bureau recently released data from the 2020 census, initiating the process of redrawing electoral maps in every state. This will be the first time that electoral maps are redrawn with the permission of the U.S. Supreme Court to gerrymander. What does this mean for our elections and for our democracy more broadly? Join Lindsay Langholz for her interview with Michael Li (李之樸), Senior Counsel at the Brennan Center, to answer these and other pressing questions about the census and redistricting.
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Today's Host: Lindsay Langholz, ACS, Director of Policy and Program
Today's Guest: Michael Li (李之樸), Brennan Center
Link: Gerrymandering Explained
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
Workers' rights are facing a slew of different challenges, from a hostile U.S. Supreme Court to corporations actively undermining their workers' right to organize. Add in the unique challenges of working amidst a pandemic, and this episode could not be more timely or important. Join Russ Feingold, ACS President, for his conversation with labor experts on how we protect workers' rights in 2021.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Russ Feingold, ACS President
Today's Guest: D. Taylor, UNITE HERE
Today's Guest: Terri Gerstein, Harvard Law School Labor and Worklife Program
Today's Guest: Ruben Garcia, ACS Board of Directors, and University of Nevada Las Vegas William S. Boyd School of Law
Link: "The Supreme Court Lashes Out at Unions—Again. Why Union Elections Are Not Like Other Elections," by Ruben Garcia
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
In August 2017, hundreds of white supremacists, including members of the KKK and neo-Nazis, descended upon the City of Charlottesville, Virginia, for a “Unite the Right” rally. The rally turned violent, and a white nationalist drove his car through the crowd, causing multiple injuries and the death of counter-protestor Heather Heyer. Since Charlottesville, there has been an array of conversations about how we hold domestic extremists accountable. In this episode, Kara Stein, ACS VP for Policy and Program, speaks with the legal team that has filed civil litigation in federal court to hold those responsible for the violence in Charlottesville accountable. They will discuss the legal claims involved and whether this litigation could be a model for holding extremists accountable going forward.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Kara Stein, Vice President of Policy and Program from ACS
Today's Guest: Roberta Kaplan from Kaplan Hecker & Fink LLP
Today's Guest: Amy Spitalnick from Integrity First for America
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
The American Constitution Society recently announced its support for a Truth, Racial Healing, and Transformation Commission (TRHT). This episode delves into why we need TRHT in the United States and uses housing segregation as a case study for how racism is baked into our laws and legal systems. Join Zinelle October, Dr. Gail Christopher, and Richard Rothstein for this discussion about how we achieve legal transformation and racial equity in this country.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Zinelle October, Executive Vice President at ACS
Today's Guest: Dr. Gail Christopher from the National Collaborative for Health Equity
Today's Guest: Richard Rothstein from Economic Policy Institute
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
In the past year, state legislatures across the country have introduced a slew of anti-trans bills seeking to criminalize gender-affirming healthcare and bar trans girls from playing sports. But really, these attacks are not about healthcare or sports; they are just the latest attempts to suppress trans existence. Join Jordan Blisk for his conversation with Dr. Jerrica Kirkley and civil rights attorney Avatara Smith-Carrington about the latest attacks on trans people and the broader fight for trans liberation.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Jordan Blisk, ACS Associate Director of Chapters and Executive Director and Board Chair of the Colorado Name Change Project
Today's Guest: Avatara Smith-Carrington from Lambda Legal
Today's Guest: Dr. Jerrica Kirkley from Plume
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
The U.S. Supreme Court recently concluded its 2020-2021 term, announcing a series of decisions in high profile cases related to voting rights, labor rights, and LGBTQ rights. ACS's Policy and Program team discuss several of the decisions and what they mean for the law going forward. The team will also look ahead to the Court's upcoming term and preview some of the more controversial cases on the docket. This is a great episode for listeners who are interested in learning more about the Supreme Court and why courts matter.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Today's Guest: Kara Stein, ACS Vice President of Policy and Program
Today's Guest: Christopher Wright Durocher, ACS Senior Director of Policy and Program
Today's Guest: Lindsay Langholz, ACS Director of Policy and Program
Today's Guest: Debra Perlin, ACS Director of Policy and Program
Link: ACS's 2020-2021 SCOTUS Review
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
The U.S. Supreme Court dealt a major blow to voting rights in its recent 6-3 decision in Brnovich v. DNC. The Court's conservative majority upheld two Arizona voter suppression laws and gutted a key provision of the Voting Rights Act. Join Lindsay Langholz and Kat Calvin for a discussion about the impact of this decision and the Court's previous decision in Shelby County v. Holder. They discuss where the fight to protect voting rights goes from here and what listeners can do in their local communities.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Lindsay Langholz, ACS Director of Policy and Program
Today's Guest: Kat Calvin of Spread the Vote
Link: Supreme Court's decision in Brnovich v. DNC
Link: ACS's 2020-2021 Supreme Court Review Program
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
In this episode, Garrett Epps speaks with Victoria Nourse and Peter Shane to break down the claims of "originalism" and show how this flawed legal theory, as applied to the executive branch, has pushed our system to the brink of dictatorship.
Legal arguments on constitutional issues are dominated, more and more, by the claims of “originalist” jurisprudence. The term, originated by the conservative legal movement during the Reagan years, means a philosophy under which the constitution means only what it was “originally understood” to mean when the document was ratified in the late 18th Century. “Originalist” judges claim that historical records and legal dictionaries can tell us exactly what the Framing generation meant by phrases like “due process of law.”
But, as our guests discuss, the triumph of “originalism” hides a commitment to a conservative, indeed authoritarian, philosophy of judging. The “originalist” result almost always turns out to be exactly the policy that the 21st Century Right is seeking to force on the country.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Garrett Epps, ACS Board of Directors, and The Washington Monthly
Today's Guest: Victoria Nourse of Georgetown Law
Today's Guest: Peter Shane of ACS Board of Directors, and The Ohio State University Moritz College of Law
Link: Victoria Nourse's article "Reclaiming the Constitutional Text from Originalism
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
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Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
The New York Times recently published breaking news about how former President Trump's DOJ seized computer and phone records of democratic lawmakers and their staff. We talk with Andy Wright about why this revelation is so concerning and what should happen to reassert the separation of powers. This is part of Broken Law's "Rapid Response" series.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Today's Guest: Andy Wright of Just Security | Follow Andy on Social Media (@AndyMcCanse): Twitter, Instagram
Link: Hunting Leaks, Trump Officials Focused on Democrats in Congress
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
Follow Your Show Hosts on Twitter: Russ Feingold (@RussFeingold) | Jeanne Hruska (@Jeanne_Hruska)
Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
This episode explores the death penalty’s future in America. In its final months, the Trump administration carried out an unprecedent execution spree. Meanwhile, the country elected Joe Biden, the first president in U.S. history to publicly oppose the death penalty. Twenty-three states have abolished the death penalty. But as it becomes less common, a handful of states are considering firing squads, gas chambers, and other egregious methods to continue executions. What will be the fate of the death penalty in this country? And what role can President Biden play in its abolition? Christopher Wright Durocher interviews Alexis Hoag, Assistant Professor of Law at Brooklyn Law School, and Laura Porter, executive director of the 8th Amendment Project, to answer these and other pressing questions about capital punishment in America.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Christopher Wright Durocher, ACS Senior Director of Policy and Program
Today's Guests: Laura Porter of the 8th Amendment Project and Alexis Hoag of the Brooklyn Law School
Link: ACS Death Penalty Resources
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
Follow Your Show Hosts on Twitter: Russ Feingold (@RussFeingold) | Jeanne Hruska (@Jeanne_Hruska)
Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
ACS President Russ Feingold talks with Congressman James E. Clyburn about the state of our democracy. They delve into the impact of Citizens United v. FCC and Shelby County v. Holder on our elections, as well as how we improve the credibility of our judiciary and whether to reform the Senate filibuster.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Russ Feingold, ACS President
Today's Guest: Congressman James E. Clyburn
Link: Supreme Court decision in Citizens United v. FCC
Link: Supreme Court decision in Shelby County v. Holder
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
Follow Your Show Hosts on Twitter: Russ Feingold (@RussFeingold) | Jeanne Hruska (@Jeanne_Hruska)
Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
Joined by ACS President Russ Feingold and Executive Vice President Zinelle October, we discuss the origin of the American Constitution Society (ACS), its work over the past twenty years, and the goals of the progressive legal movement. We cover a wide range of issues from the need for diversity on the courts, to the federal death penalty, and even the case for reforming the Senate filibuster. Listen in...
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy
Today's Guests: ACS President Russ Feingold and ACS Executive Vice President Zinelle October
Visit the Podcast Website: Broken Law Podcast
Email the Show: Podcast@ACSLaw.org
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
Follow Your Show Hosts on Twitter: Russ Feingold (@RussFeingold) | Jeanne Hruska (@Jeanne_Hruska)
Production House: Flint Stone Media
Copyright of American Constitution Society 2021.
Ever feel like the law is stacked against you? It probably is. Broken Law speaks truth to power in discussing how our laws and legal system serve the few at the expense of the many. This is where law meets real life. Hosted by the staff of the American Constitution Society, we reckon with the origins of our legal system, interview people on the frontlines of the progressive legal movement, and chat about necessary legal reforms to restore our democratic legitimacy and improve the lives of all people.
Connect with American Constitution Society: ACSLaw.org
Visit the Podcast Website: Coming soon!
Follow ACS on Social Media: Facebook | Twitter | LinkedIn | YouTube
Host: Jeanne Hruska, Senior Advisor for Communications and Strategy at American Constitution Society
Email the Show: Podcast@ACSLaw.org
Production House: Flint Stone Media
Copyright of American Constitution Society 2021.