Brennan Center LIVE

On the first day of his second term, President Trump issued an executive order purporting to strip U.S. citizenship from the children of undocumented immigrants. The order directly conflicts with the plain language of the 14th Amendment, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” And it defies more than a century of case law. The executive order was met with a wave of court rulings blocking its enforcement, and the Supreme Court has already heard arguments on the issue. What historical currents led to the ratification of the amendment's Citizenship Clause? How did courts interpret its guarantees in the decades following? And how do today's attacks on birthright citizenship relate to historical attempts to deny citizenship to people born and living in the United States?Speakers:Kate Masur, Professor of History, Northwestern UniversityMartha Jones, Professor of History, Johns Hopkins UniversityErika Lee, Bae Family Professor of History, Radcliffe Alumnae Professor, Harvard UniversityThomas Wolf, Director of Democracy Initiatives, Founder of Historians Council on the Constitution, Brennan CenterModerator: Kareem Crayton, Vice President for Washington, DC, Brennan CenterRecorded on June 11, 2025.Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

In the first 100 days of his second term, President Trump issued more than 100 executive orders aimed at changing policy through executive authority alone. But has this flurry of orders led to meaningful change? Despite Trump's sweeping executive actions — ranging from imposing global tariffs and targeting major law firms to declaring an emergency at the southern border and attempting to end birthright citizenship — judges appointed from both parties are pushing back. Already, 46 challenges to executive orders are pending in court, with no clear victories for the administration in any of them. Listen to a recording of a conversation with our experts as they discuss what these three months have made clear about this administration's priorities, how the courts are responding, and what might lie ahead.Speakers: Elizabeth Goitein, Senior Director of the Brennan Center's Liberty and National Security ProgramMichael Waldman, President and CEO of the Brennan CenterMax Boot, Jeane J. Kirkpatrick Senior Fellow for National Security Studies, Council on Foreign RelationsAndrew Rudalevige, Thomas Brackett Reed Professor of Government at Bowdoin CollegeAnd moderator Kareem Crayton, the Brennan Center's Vice President for Washington DCIf you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give us a 5-star rating. Recorded on April 30, 2025.Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://brennancenter.org/briefing

On the day President Trump took office, he revoked the Biden administration's executive order that imposed guardrails on the development and use of artificial intelligence technology. Since then, Vice President JD Vance and DOGE have pushed to integrate AI into critical government functions. But government use of AI raises important questions about data privacy and democratic integrity. Will the adoption of AI truly benefit Americans? How can we trust this process given the unprecedented role of tech billionaires in the new administration? And what might come next? Listen to the recording of a conversation with a leading technology journalist, former government AI leaders, and Brennan Center experts as they discuss the potential consequences and future of AI in the federal government.   Speakers: Vittoria Elliott, Platforms and Power Reporter, WiredFaiza Patel, Senior Director, Brennan Center Liberty and National Security ProgramSuresh Venkatasubramanian, Professor of Data Science and Computer Science, Brown UniversityModerator: Kareem Crayton, Vice President of Washington, DC, Brennan CenterIf you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Recorded on April 2, 2025.Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

President Trump's new executive order could disenfranchise millions of American citizens, undermine data security, and decertify voting systems across the country. It would give DOGE access to voter records in every state and decertify every voting machine in the United States, costing states hundreds of millions of dollars. Coupled with the SAVE Act, a voter suppression bill that would require every American to provide a document like a passport or birth certificate to register or re-register to vote, these measures could block millions of eligible American citizens from voting and upend voter registration.Listen to a recording of a conversation with our experts as they break down the executive order, the SAVE Act, and what we all must do to protect our elections. Speakers: Lawrence Norden, Vice President, Brennan Center Elections and Government ProgramSean Morales-Doyle, Director, Brennan Center Voting Rights and Elections ProgramWendy Weiser, Vice President, Brennan Center Democracy ProgramModerator: Michael Waldman, President and CEO, Brennan CenterIf you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Recorded on April 1, 2025.Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://brennancenter.org/briefing

In the first few weeks of his second term, Donald Trump has engaged in a display of unprecedented executive power, in most cases without legal authority. This lawbreaking spree has extended to his unelected patron, Elon Musk. Courts across the nation have responded, demanding that the new administration comply with federal statutes and proving that the Constitution still matters. Everyone has to follow the law — even presidents. While no one can be totally sure what will happen next during these extraordinary times, Brennan Center experts can tell you what should happen next, according to U.S. law. Listen to a recording of a conversation with our lawyers and policy advocates about what's happening to U.S. democracy and how you can play your part in defending the rule of law.  Speakers:  Elizabeth Goitein, Senior Director, Brennan Center Liberty and National Security Program Sean Morales-Doyle, Director, Brennan Center Voting Rights Program Daniel Weiner, Director, Brennan Center Elections and Government Program Barton Gellman, Senior Adviser, Brennan Center Moderator: Michael Waldman, President and CEO, Brennan Center If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  Recorded on February 24, 2025. Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Law enforcement has long overlooked the dangers of white supremacy and far-right violence both in the community and within its ranks. The January 6 insurrection made this problem much harder to deny. In a new book, Policing White Supremacy: The Enemy Within, Mike German draws on research and his experiences as an FBI undercover agent infiltrating white supremacist groups to reveal law enforcement's alarmingly permissive approach to domestic extremism. Listen to a recording of a conversation with German and Natalie Tennant, Kanawha County commissioner and former West Virginia secretary of state, about these threats and what it will take for law enforcement to appropriately tackle far-right violence. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Recorded on January 28, 2025. Check out Mike German's new book here: Policing White Supremacy: The Enemy Within (bookshop.org) Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

President Trump began his second term with a slew of executive orders regarding the TikTok ban, birthright citizenship, and border enforcement, among other things. While his actions cover a wide range of topics, there is a common theme: the unprecedented broadening of presidential authority. In a new analysis published in Just Security, Dean Emeritus of NYU Law Trevor Morrison analyzes how Trump's claim to an expansive executive power violates statutes and the Constitution.  Listen to a conversation with Morrision and Brennan Center Fellow Wilfred Codrington III as they break down Trump's opening executive orders and what they reveal about his theory of presidential power. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Recorded on January 31, 2025. Check out Trevor Morrison's analysis in Just Security here: https://www.justsecurity.org/106969/trump-dictatorial-theory-presidential-power-executive-orders/ Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

The 2024 election broke spending records, highlighting the growing power of big money in politics. Megadonors back candidates to push their own interests and buy access and influence in our government. At the same time, the rise in untraceable dark money from undisclosed sources has made it increasingly difficult to identify who is really behind this spending. In a new book, Corporatocracy: How to Protect Democracy from Dark Money and Corrupt Politicians, Stetson University law professor Ciara Torres-Spelliscy reveals how corporations are fueling these trends, from bankrolling politicians to funding candidates with dark money. Listen to a recording of our virtual discussion with Torres-Spelliscy, and Natalie Tennant, former West Virginia secretary of state and newly elected Kanawha County commissioner. They explore how to strengthen American democracy against the encroaching threat of corporate control. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Recorded on December 12, 2024. Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing.

Donald Trump has vowed to launch the biggest deportation scheme in U.S. history, in part by invoking the Alien Enemies Act of 1798 on his first day in office. This outdated law ast used to intern tens of thousands of foreign nationals of Japanese, German, and Italian descent during World War II. Does Trump have the power to carry out his plans now? Can we rely on Congress or the courts to stop him? Our expert panel discusses the law's shameful history, how the incoming administration plans to use the law, and what obstacles might stand in the way. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Recorded on December 10, 2024. Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Rather than days of uncertainty, voters delivered a snap victory to Donald Trump. How will our democratic institutions respond to Trump's plans to stretch presidential powers to their limits? Brennan Center experts explore what may come next. Recorded on November 7, 2024.  If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing  

Electing a president is not the only high-stakes choice voters will make in November. In Ohio, citizens will vote on a constitutional amendment that would end gerrymandering. Voters in 10 states have the opportunity to amend their state constitutions to affirm or expand protections for abortion care. Three states will decide whether to remove language against same-sex marriage from their state constitutions.  All states but Delaware require voters to approve proposed amendments to state constitutions. Half of all states have a constitutional right to direct democracy, allowing citizens to place statutory or constitutional proposals on the ballot and pass them by popular vote. But some lawmakers and other elected officials are making a concerted effort to reduce citizens' power to enact policy through ballot initiatives. Listen to a recording of our experts panel's virtual discussion on state ballots issues in the 2024 election and trends to watch out for. Speakers: Amanda Becker, Washington Correspondent, The 19th; Author, You Must Stand Up: The Fight for Abortion Rights in Post-Dobbs America Alice Clapman, Senior Counsel, Brennan Center Democracy Program John Matsusaka, Charles F. Sexton Chair in American Enterprise, Professor of Finance and Business Economics, Executive Director of Initiative and Referendum Institute, USC Marshall School of Business Moderator: Alicia Bannon, Director, Brennan Center Judiciary Program; Editor in Chief, State Court Report Produced in partnership with State Court Report. Recorded on October 29, 2024.  If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing  

Crime has long been a political wedge issue used to stoke anxiety and stir division, and this election cycle has been no different. Although the pandemic crime spike is receding, the politicians who fearmongered about crime in 2020 continue to call for harsher punishments and the repeal of reforms. Law enforcement officials and other experts understand that public safety and fairness are not competing interests — they go hand in hand. Brennan Center research proves as much, and groups like Law Enforcement Leaders to Reduce Crime & Incarceration know it from experience. This group of current and former leaders of the law enforcement community, convened by the Brennan Center, draws on their expertise to advocate for a fairer criminal justice system and works to reduce incarceration while keeping communities safe. Listen to a recording of our experts panel's virtual discussion on the latest data on crime trends and the importance of focusing on facts rather than myths. Speakers: Rosemary Nidiry, Senior Counsel, Law Enforcement Leaders to Reduce Crime and Incarceration, Brennan Center Justice Program Beth McCann, District Attorney, Denver, Colorado; Member, Law Enforcement Leaders to Reduce Crime and Incarceration Shon F. Barnes, Chief of Police, Madison, Wisconsin; Member, Law Enforcement Leaders to Reduce Crime and Incarceration Ames Grawert, Senior Counsel, Brennan Center Justice Program Moderator: Natalie Tennant, Former West Virginia Secretary of State Produced in partnership with Law Enforcement Leaders to Reduce Crime & Incarceration, a project of the Brennan Center. It was recorded on October 17, 2024. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

A white supremacist of color seems like a contradiction. Yet recent years have brought to light unsettling examples, including an Afro-Latino leader of the Proud Boys and a Latino mass shooter with neo-Nazi sympathies. These men are among a small but growing number of Latinos in the United States who gravitate toward the far right and adopt radical views on race, Christian nationalism, and immigration.  In an eye-opening new book, Defectors, Emmy Award–winning journalist Paola Ramos uses interviews, historical context, and expert analysis to shatter the longtime understanding of Latinos as a political monolith and uncover a diversity of opinion that makes room for white nationalists and avowed racists. Listen to a recording of our expert panel's virtual discussion of this alarming trend. Speakers: Paola Ramos, Author, Defectors: The Rise of the Latino Far Right and What It Means for America; MSNBC Contributor Michael German, Former Special Agent, Federal Bureau of Investigation; Fellow, Brennan Center Liberty & National Security Program Eduardo Gamarra, Professor of Politics and International Relations, Florida International University Moderator: Mireya Navarro, Editor in Chief, Brennan en español If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  Recorded on October 10, 2024. Check out Paola Ramos's new book here: Defectors: The Rise of the Latino Far Right and What It Means for America (bookshop.org) You can subscribe to Brennan en español's Spanish-language newsletter here: https://go.brennancenter.org/suscribirse  Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

In its last term, the Supreme Court undermined the federal government's power to solve problems and the people's ability to hold their political leaders accountable. The Court was flooded with false historical arguments, and the justices relied on profoundly flawed ideas about the deep American past to help justify their radical overhaul of the law. Additionally, the Court's conservative supermajority was forced to confront the implications of one of its most damaging originalist rulings, Bruen, which undermined gun control nationwide. Meanwhile, in lower courts around the country, judges are dealing with a deluge of cases under the Court's new history-based rules about abortion, guns, and affirmative action. Where does the fight against originalism stand in 2024? And what might come next? Listen to a recording of our virtual discussion with leading historians and Brennan Center experts exploring some of the Supreme Court's most significant recent rulings, how they'll shape upcoming legal debate, and how the Court's disastrous originalist opinions are affecting hundreds of millions of lives. Speakers: Jonathan Gienapp, Associate Professor of Law, Associate Professor of History, Stanford University; Author, Against Constitutional Originalism: A Historical Critique Gautham Rao, Associate Professor of History, American University Rachel Shelden, Associate Professor of History, Director of George and Ann Richards Civil War Era Center, Pennsylvania State University Thomas Wolf, Director of Democracy Initiatives, Founder of Historians Council on the Constitution, Brennan Center Moderator: Kareem Crayton, Vice President for Washington, DC, Brennan Center Produced with support from the Kohlberg Center on the U.S. Supreme Court. Recorded on October 2, 2024.  If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  You can check out Jonathan Gienapp's book here: https://bookshop.org/p/books/against-constitutional-originalism-a-historical-critique-jonathan-gienapp/21320944?ean=9780300265859  Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing  

On October 7, the Supreme Court begins its 2024–2025 term — the fourth in which it is dominated by a supermajority of conservative justices. Just months after a disastrous presidential immunity decision, and in the face of continued controversy over the justices' ethics and partisanship, the Court will reconvene to hear arguments on issues with profound consequences for American life. Among the questions on the docket: whether so-called “ghost guns” are subject to regulation, whether prosecutorial misconduct invalidates a death sentence, the power of federal agencies to protect waterways, the applicability of criminal sentence reduction laws, and access to gender-affirming medical care.  This live panel featured Brennan Center President Michael Waldman, who served on the 2021 Presidential Commission on the Supreme Court, and Brennan Center Senior Fellow Caroline Fredrickson, former president of the American Constitution Society. They were interviewed by constitutional law scholar Wilfred Codrington III. It was recorded on September 25, 2024. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Election workers are unsung heroes, ensuring behind the scenes that our elections run smoothly and securely. Yet many people don't fully grasp what their job entails, leaving room for election deniers to spread misinformation. This lack of understanding has fueled a disturbing rise in threats, intimidation, and abuse against election officials since 2020. This live panel was moderated by the Brennan Center's Natalie Tennant, former secretary of state of West Virginia, and it featured Adrian Fontes, secretary of state of Arizona; Brenda Cabrera, former director of elections for Fairfax, Virginia; and Brianna Lennon, country clerk of Boone County, Missouri. They shared their day-to-day challenges and the vital role that they play in ensuring in free and fair elections in a time of increased misinformation. It was recorded on September 19, 2024. If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Efforts to undermine trust in elections, marked by disinformation campaigns and attempts to overturn results, have surged. A new book, Our Nation at Risk, exposes how these assaults on election integrity pose a serious threat to national security. Featuring perspectives from leading political scientists, historians, and legal experts, it explores the escalation of these threats and presents concrete solutions to address them. Listen to a recording of our virtual discussion on how to fortify our election systems and rebuild confidence in the fairness of the democratic process from our expert panel: Julian E. Zelizer, Author, Our Nation at Risk: Election Integrity as a National Security Issue; Malcolm Stevenson Forbes, Class of 1941 Professor of History and Public Affairs, Princeton University Kareem Crayton, Vice President for Washington, DC, Brennan Center for Justice Trevor W. Morrison, Eric M. and Laurie B. Roth Professor of Law, Dean Emeritus, NYU School of Law Moderator: Karen J. Greenberg, Author, Our Nation at Risk: Election Integrity as a National Security Issue; Director, Center on National Security at Fordham Law It was recorded on September 17, 2024. You can find the book here: https://bookshop.org/p/books/our-nation-at-risk-election-integrity-as-a-national-security-issue-julian-e-zelizer/20620408?ean=9781479830916 If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Cities, states, and counties across the nation have curbed the use of money bail. Reformers say that jailing criminal defendants who can't afford to buy their pretrial freedom punishes poverty. Opponents, however, blamed the uptick in crime during the Covid-19 pandemic on bail reform and pushed to roll back the changes. So what's the truth — did bail reform cause an increase in crime? Terry-Ann Craigie, associate professor of economics at Smith College and economics fellow in the Brennan Center's Justice Program, and Ames Grawert, senior counsel in the Brennan Center's Justice Program, compared crime rates in cities that enacted bail reforms with those that did not. In the broadest and most comprehensive study of this issue to date, they found no evidence that efforts to limit bail and pretrial detention increased crime. Ultimately, there are more promising ways to lower crime than to attack and weaken bail reform. Listen to this discussion from August 15, with Brennan Center experts exploring crime trends in cities that did and did not limit bail, the possible unintended consequences of some reforms, and more effective ways to bolster public safety. Speakers: Ames Grawert, Senior Counsel, Brennan Center Justice Program Terry-Ann Craigie, Associate Professor of Economics, Smith College; Economics Fellow, Brennan Center Justice Program Moderator: Mireya Navarro, Editor in Chief, Brennan en español Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  You can read the report here: https://www.brennancenter.org/our-work/research-reports/bail-reform-and-public-safety  You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

It's time to reform the Supreme Court. The founders would not recognize the modern incarnation of what Alexander Hamilton called “the least dangerous” branch. The Court wields far more power on far more issues than it did in the 18th century. And it does so in the absence of adequate checks and balances. The individual justices hold this power longer than they ever have. For the first 180 years of U.S. history, justices served an average of approximately 15 years. In recent years, justices have served an average of 26 years. Momentum for reform is growing. Numerous polls have shown overwhelming bipartisan support for term limits and an enforceable code of ethics. The president and vice president have both announced their support for real change. Listen to this discussion from August 13th with Supreme Court experts to talk about what exactly these proposals entail and what they would mean for American democracy.  Speakers: Cristina Rodríguez, Leighton Homer Surbeck Professor of Law, Yale Law School; Co-Chair, Presidential Commission on the Supreme Court of the United States Diane Wood, Circuit Judge (ret.), U.S. Court of Appeals for the Seventh Circuit; Director, American Law Institute; Senior Lecturer, University of Chicago Law School Alicia Bannon, Director, Judiciary Program, Brennan Center for Justice; Editor in Chief, State Court Report Moderator: Michael Waldman, President, Brennan Center; Member, Presidential Commission on the Supreme Court of the United States Produced with support from the Kohlberg Center on the U.S. Supreme Court Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

The Insurrection Act gives presidents dangerous authority to use the U.S. military as a domestic police force It has virtually no limits on when and how this power can be used, making it ripe for abuse by any leader. Without urgent reforms, the law is a threat to civil liberties — and American democracy itself.  In a conversation moderated by the Brennan Center's Elizabeth Goitein, lawyer and writer Hawa Allan, Harvard law professor Jack Goldsmith, and Brennan Center counsel Joseph Nunn discuss how urgent reforms are needed to prevent the Insurrection Act's misuse. They also explore how these proposed solutions can help protect our civil liberties.  Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

The Supreme Court's conservative supermajority has taken a hard originalist turn, citing history to justify rulings that have eliminated many long-standing American rights. What exactly does originalism mean? Should history be the sole source of rights? And what if the history that the Court has relied on is flat-out wrong? Listen in on a discussion from October 12, 2023 moderated by Adam Serwer of the Atlantic with historians Laura Edwards, professor at Princeton University; Kate Masur, professor at Northwestern University; and Karen Tani, professor at the University of Pennsylvania Law School. Their conversation dissects how history has been used and abused in consequential recent cases and sketches out alternative views for how history can help us better understand the Constitution. Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  Click here to read more from the Brennan Center's Historians Council on the Constitution: https://www.brennancenter.org/historians-council-constitution  You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Public support for the Supreme Court has plummeted to an all-time low in the last year as the highest court has been ridden with controversy and ethics scandals. Hard-right rulings from a conservative supermajority have also raised concerns about the judicial independence of the institution. Is it time to reform the Court? Listen in on a discussion between Kenji Yoshino, the Chief Justice Earl Warren Professor of Constitutional Law at NYU School of Law, Sen. Sheldon Whitehouse (D-RI), and Brennan Center President Michael Waldman about ethics reform, term limits, and other ways the public, the media, and Congress can bring accountability back to the Supreme Court. Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Presidential immunity, limits on gun control, governmental oversight for agencies — the fate of these issues is in the hands of the Supreme Court this summer. Not only is the current Court the most conservative we have ever seen, it is also plagued with ethics violations. Brennan Center President Michael Waldman and Kareem Crayton, the Brennan Center's senior director for voting and representation, discussed Waldman's book The Supermajority: How the Supreme Court Divided America. Their conversation explores the threat of the current conservative Court, how this year's decisions have built on or changed the Court's previous rulings, and what can be done to shore up democracy.  Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  You can check out Michael Waldman's latest book here: https://www.brennancenter.org/supermajority-how-supreme-court-divided-america You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

The Supreme Court has turned back time in recent decisions by regressing to an interpretation of the Constitution according to its “original meaning.” What has this meant for women's rights?   Listen in on a panel discussion with Madiba K. Dennie, author of the new book The Originalism Trap; Khiara M. Bridges of UC Berkeley School of Law; Emily Martin of the National Women's Law Center; and Alicia Bannon of the Brennan Center and State Court Report. They delve into recent cases that have reversed decades of progress for women's rights, such as the 2022 decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, and United States v. Rahimi, which is built entirely around the fact that domestic violence was not a crime in the 18th century. Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.   Check out Madiba K. Dennie's new book The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back here: https://bookshop.org/a/20454/9780593729250  Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

A governing majority in the United States has never required an actual majority of the voting population. And the tactics of achieving minoritarian control are always shifting. A minority of Americans are now set on thwarting the will of the people through voter suppression, gerrymandering, and even election subversion. In his new book, Minority Rule: The Right-Wing Attack on the Will of the People — and the Fight to Resist It, voting rights reporter Ari Berman charts the rise of this antidemocracy movement in the face of the country's significant demographic and political shifts. Listen in on a discussion with Berman and former West Virginia Secretary of State Natalie Tennant about how reactionary conservatives have capitalized on structural inequalities in our institutions, like the Senate and the Supreme Court, to entrench their power, as well as the pro-democracy movement that's fighting back. Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  Check out Ari Berman's new book here: https://bookshop.org/p/books/minority-rule-ari-berman/19994801?ean=9780374600211 You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Donald Trump is now the first American president convicted of a crime. The smooth trial process shows that — independent of the outcome — the U.S. justice system can still work, even with a powerful defendant. But full accountability seems far off. The federal courts, including the Supreme Court, have stalled Trump's prosecution for trying to overthrow the 2020 election and for misuse of classified documents and obstruction of justice.  Listen to an expert discussion on how Trump's defense in the New York business records falsification trial, including Trumps' accusations of political motivations behind the charges, could serve as a blueprint in his other cases. This discussion shares insights from experts in the field including:   Paul Butler, Albert Brick Professor in Law, Georgetown University Law Center; Legal Analyst, MSNBC Joyce Vance, Former U.S. Attorney for the Northern District of Alabama; Distinguished Professor of the Practice of Law, University of Alabama School of Law; Legal Analyst, MSNBC; Senior Fellow, Brennan Center Michael Waldman, President and CEO, Brennan Center Moderator: Lauren-Brooke Eisen, Senior Director, Brennan Center Justice Program   Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.  You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing  

A new Brennan Center report reveals that intimidation aimed at state and local officials is distressingly common: For example, 43 percent of state legislators have experienced threats within the past three years.    These threats have serious repercussions for representative democracy. Officeholders report being less willing to work on contentious issues like reproductive rights and gun control and more reluctant to continue serving. Additionally, intimidation is often targeted at groups already underrepresented in government, such as women and people of color.   Listen to a recording of our virtual discussion of this alarming trend, as well as recommendations to stem the abuse from our expert panel: Anna Eskamani, State Representative, Florida House of Representatives Gowri Ramachandran, Deputy Director, Brennan Center Elections and Government Program Tom Roberts, Former Assemblymember, Nevada State Assembly Moderator: Deirdre Walsh, Congressional Correspondent, NPR With remarks from Letitia James, Attorney General, New York State   If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.    Check out Brennan Center's new report here: https://www.brennancenter.org/our-work/research-reports/intimidation-state-and-local-officeholders  You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Most of the more than 1 million Americans in prison — disproportionately low-income people of color — will return to their communities after serving long sentences with few resources and little support. Recidivism rates remain stubbornly high. The criminal justice system, then, fails to produce public safety even as core values such as equality, fairness, and proportionality have fallen by the wayside.   The new book Excessive Punishment: How the Justice System Creates Mass Incarceration, edited by the Brennan Center's Lauren-Brooke Eisen, features essays from scholars, practitioners, activists, writers who experienced incarceration, and others. The contributors explore the social costs of excessive punishment and how to ensure public safety without perpetuating the harms of mass incarceration.     Listen to the recording of our virtual panel from earlier this month with contributors to the book:   Jeremy Travis, Senior Fellow at Columbia Justice Lab Nkechi Taifa, President of the Taifa Group Khalil Cumberbatch, Senior fellow at the Council on Criminal Justice and co-CEO of Edovo   If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating.    Find out more about the book here: https://bookshop.org/p/books/excessive-punishment-how-the-justice-system-creates-mass-incarceration-lauren-brooke-eisen/20877826?ean=9780231212168  Keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Misdemeanors, not violent offenses, dominate criminal justice. A decade of reforms has shrunk the sprawling misdemeanor system, but the prosecution of shoplifting, traffic violations, and other lesser offenses remains a burden on vulnerable communities and law enforcement resources even as public concern over physical and social disorder in public spaces spurs calls for renewed enforcement.  A new Brennan Center report zooms in on New York City as a case study for how misdemeanor enforcement has changed in recent years, offering insights into the impact of the Covid-19 pandemic and reform initiatives like the decriminalization of low-level drug possession. But even as overall caseloads have declined, stark racial disparities persist.    Listen to the recording of our virtual panel from earlier this month, “Misdemeanors by the Numbers.” Bria Gillum, senior program officer at the MacArthur Foundation Criminal Justice Program, and Michigan County Sheriff Jerry Clayton join Brennan Center Senior Research Fellow Josephine Hahn in a discussion moderated by the Brennan Center's Rosemary Nidiry.  If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give a 5 star rating.  You can check out the Brennan Center's report Misdemeanor Enforcement Trends in New York City, 2016–2022 here: https://www.brennancenter.org/our-work/research-reports/misdemeanor-enforcement-trends-new-york-city-2016-2022  You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Listen to the recording of our in-person event from last month, Decoding the Trump Indictments. Melissa Murray and Andrew Weissmann, coauthors of the new book The Trump Indictments, discuss the historic charges against the former president in a discussion moderated by Brennan Center President Michael Waldman. Murray is the Frederick I. and Grace Stokes Professor of Law Faculty and director of the Birnbaum Women's Leadership Center at NYU Law. Weissmann, a professor of practice at NYU Law and a legal analyst for MSNBC, previously served as general counsel to the FBI and one of the senior prosecutors on Robert Mueller's Trump-Russia investigation.   If you enjoy this program, please give us a boost by liking, subscribing and sharing with your friends. If you're listening on Apple Podcasts, please give a 5 star rating.    You can find Melissa and Andrew's bestselling new book, “Decoding the Trump Indictments,” at your favorite local bookseller or online: https://wwnorton.com/books/the-trump-indictments   You can keep up with the Brennan Center's work by subscribing to Michael Waldman's weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

What role do members of the cultural and media elite play in the ascent of nationalist rule? In her new book, Twilight of Democracy, Pulitzer Prize-winning journalist and historian Anne Applebaum examines the surrogates who enable autocracy. She discusses the patterns of weakening democracies around the world with Washington Post columnist Max Boot.

In his most recent book, North of Havana, legendary trial lawyer Martin Garbus recounts one of his most high-profile cases: the Cuban Five. In this episode of Brennan Center Live, Garbus talks to Victoria Bassetti about what this case can teach us about the U.S. justice system, American politics, and U.S.-Cuba relations.

In recent years, the Supreme Court has empowered moneyed interests to wield disproportionate influence in elections, gutted the Voting Rights Act, and upheld President Trump's travel ban. These decisions fit a troubling, decades-long pattern, argues journalist Adam Cohen. He talks with NYU Law professor Melissa Murray about his new book, Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America, and his finding that since the Nixon era, the Court has done little to protect the rights of the poor and disadvantaged.

How did George Washington view the presidency? What might he think of politics today? Historian Alexis Coe examines America's first president in a freshly humanizing light in her new book You Never Forget Your First. She talks with Julian Zelizer in this new episode of Brennan Center Live.

In her memoir Tough Love: My Story of the Things Worth Fighting For, former National Security Advisor and U.S. Ambassador to the United Nations Susan Rice reveals pivotal moments from her career on the front lines of U.S. diplomacy and foreign policy. In this episode of Brennan Center Live, Rice talks with NBC News' Andrea Mitchell about the current state of foreign affairs and the challenges facing American leadership. What are the greatest threats to democracy around the world? To what extent does our current approach to foreign policy advance or endanger our national security? And how do we repair our relationships with our democratic allies?

The coronavirus pandemic has exposed several problems with the American elections system, but even outside of global pandemic, Americans are increasingly questioning the fairness and accuracy of our elections. In his new book Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy, law professor Richard L. Hasen examines sources of voters' distrust. In this new episode of Brennan Center Live, he speaks with legal expert Victoria Bassetti and proposes steps to restore voters' confidence.

Today, with a criminal justice system designed to punish, the U.S. has the highest rate of incarceration in the world. What if the American legal system was set up to weigh grounds for forgiveness? In her new book, When Should Law Forgive?, former Harvard Law School dean Martha Minow argues that we should build forgiveness into the administration of American law. She speaks with NYU Law Professor Melissa Murray in this new episode of Brennan Center Live.

Nearly half a century after Roe v. Wade, the U.S. Supreme Court seems poised to undermine or overturn the landmark ruling. It's an unnerving time for reproductive rights across the U.S., but it's not new: social movements, politics, and courts have lead us here. Legal experts Melissa Murray, Reva Siegel, and Kate Shaw trace the evolution of reproductive rights in their new book, Reproductive Rights and Justice Stories. They join Rebecca Traister (Writer at large, New York Magazine) in this new episode of Brennan Center Live.

District attorneys wield tremendous power and have for decades been a driving force in mass incarceration. In her new book Charged: The New Movement to Transform American Prosecution and End Mass Incarceration, journalist Emily Bazelon follows a new crop of district attorneys who are using their offices to pursue criminal justice reform. She discusses these efforts with district attorneys Kimberly M. Foxx and Eric Gonzalez, Fair and Just Prosecution's Miriam Krinsky, and the Brennan Center's Lauren-Brooke Eisen. Brennan Center Live is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution. For more, visit brennancenter.org/podcast

Policies supported by a majority of Americans are stymied in Washington and state capitals time and again. Enacting this agenda requires progressives to redouble their efforts at gaining power by expanding the franchise, ending voter suppression, and winning judicial elections, argues Caroline Fredrickson, former president of the American Constitution Society, in conversation with Eric Lesh. Fredrickson's new book is The Democracy Fix: How to Win the Fight for Fair Rules, Fair Courts, and Fair Elections. Brennan Center Live is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution. For more, visit brennancenter.org/podcast

African Americans fleeing racial terror in the South sought refuge in the North but instead encountered discrimination in housing, employment, and policing. Marcia Chatelain, Kenisha Grant, Ted Johnson, and Mark Whitaker discuss the history of the Great Migration and how it reverberates in mass incarceration and voter suppression today. Brennan Center Live is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution. For more, visit brennancenter.org/podcast

The upheavals of the 1970s — the Watergate cover-up, defeat in Vietnam, racial conflict, and economic convulsions — formed the contours of today's polarization, argue Princeton historians Kevin M. Kruse and Julian E. Zelizer. They joined Soledad O'Brien to discuss their new book, Fault Lines: A History of the United States Since 1974. Brennan Center Live is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution. For more, visit brennancenter.org/podcast

Reflecting on a distinguished prosecutorial career, former U.S. attorney Preet Bharara discusses the need for lawyers to take into account flaws in the legal system and in human nature in his new book, Doing Justice: A Prosecutor's Thoughts on Crime, Punishment, and the Rule of Law. He is joined by political commentator Margaret Hoover. Brennan Center Live is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution. For more, visit brennancenter.org/podcast

Journalism and cultural production are crucial to making law and policy, Ta-Nehisi Coates argues, because they expand peoples' empathy and imagination. In a wide-ranging conversation, the celebrated journalist discusses criminal justice reform, the 2020 election, the #MeToo movement, and more with NYU law professor Melissa Murray.

Watergate revealed a trail of crimes and coverups that brought down a president and changed the course of American history. With Robert Mueller's findings likely to be unveiled soon, what can we learn from Watergate about Trump-era abuses of power? John Dean, who was President Nixon's White House counsel, and Elizabeth Holtzman, who as a member of the House Judiciary Committee voted to impeach Nixon, discuss. Brennan Center Live is a weekly series of podcasts created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution.

America has five percent of the world's population, but nearly a quarter of its prisoners. Now, a dynamic movement for change is sweeping the country. CNN host Van Jones and Ford Foundation president Darren Walker on how to keep the momentum going. Brennan Center Live is a weekly series of podcasts created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution.

New York Times best-selling author Carol Anderson speaks with Cornell Brooks about her new book on racist voter suppression and the fight against it. Anderson focuses in particular on the drive to weaken the landmark Voting Rights Act, and argues that voter suppression ultimately aims to make its targets lose faith in democracy itself. Ensuring that doesn't happen could hardly be a more urgent task. Brennan Center Live is a weekly series of podcasts created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution.

As crucial elections approach, voters from Georgia to North Dakota to Texas are at risk of disenfranchisement, and the result could be further skewed by extreme gerrymandering. Meanwhile, automatic voter registration could expand access to the polls in several states. How will the battle over voting shape the midterms, and what can we do to make sure every eligible American has a chance to cast a ballot? Hear from several of America's top voting rights lawyers — Dego Adegbile, Julie Ebenstein, Brenda Wright, and the Brennan Center's Sean Morales-Doyle — on the most urgent issue facing our democracy. Brennan Center Live is a weekly series of podcasts created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution.

How did we lose an entire generation to the American prison system following the War on Drugs? In Cuz, The Life and Times of Michael A., the Harvard professor and political theorist Danielle Allen explores the issue through the experience of her cousin, who served 11 years in prison for an attempted carjacking committed when he was 15, then lost his life to violence three years after being released. Allen is joined in conversation by the Brennan Center's Nicole Austin-Hillery. Brennan Center Live is a weekly series of podcasts created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution.

Donald Trump poses a grave, long-term threat to our democratic institutions, Atlantic senior editor and former White House speechwriter David Frum has been warning. But, in this wide-ranging conversation with NYU Law School president Trevor Morrison, Frum argues we need to focus not just on Trump's own behavior, but on “the system of power that enables him.” And Frum explores the ways in which America's potential retreat from democracy under Trump mirrors developments around the world. Brennan Center Live is a weekly series of podcasts created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice, race, and the Constitution.

Every ten years, the federal government conducts the census of all people in the United States. The stakes are extraordinarily high, particularly in light of the push to include questions about citizenship. The tally determines everything from the allocation of congressional seats and the shape of legislative districts, to the flow of vast amounts of government funds. Political pressure is especially high this time, as demographic change transforms the country. In all, it's a potential crisis looming ahead – with huge ramifications for civil rights and government policy for years to come. How could budgetary constraints, new and untested technologies, and potential political interference create obstacles to an accurate count? What are the steps engaged organizations and individuals can take to increase the likelihood of a successful census? Join civil rights leader Vanita Gupta, President and Chief Executive Officer of the Leadership Conference on Civil and Human Rights, Wendy Weiser, Director of the Democracy Program at the Brennan Center for Justice at NYU School of Law, Thomas Saenz, President and General Counsel of the Mexican American Legal Defense and Educational Fund, and Joseph J. Salvo, Director of the NYC Department of Planning's Population Division, to unpack the many questions and challenges of the upcoming census. They will spotlight work that litigators are doing to bolster the health of the census and ensure the decisions that will impact our society in political and economic ways are made are based on honest and accurate calculations. Vanita Gupta, President and Chief Executive Officer, Leadership Conference on Civil and Human Rights Thomas Saenz, President and General Counsel, Mexican American Legal Defense and Educational Fund Joseph J. Salvo, Director, Population Division of the NYC Department of Planning Wendy Weiser, Director, Democracy Program at the Brennan Center for Justice at NYU School of Law