Broken Law

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: 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 SecurityLink:  LawfareLink: Does Evidence Matter? Originalism and the Separation of Powers, by Cass SunsteinLink: The Supreme Court's Fed Carveout: An Initial Assessment, by Lev MenandVisit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube -----------------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 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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Andrew Manuel Crespo, Morris Wasserstein Public Interest Professor of Law at Harvard University and General Counsel of AAUP-Harvard Faculty ChapterLink: Complaint, AAUP-Harvard v. United States Dept. of JusticeLink: Federal Workers Legal Defense NetworkLink: ACS National Convention SeriesVisit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube -----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2025.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis School of LawLink: Personhood: The New Civil War over Reproduction, by Mary ZieglerLink: Trump's New Abortion Pill Decision Was a Big Surprise. Here's What It Really Means., by Mary ZieglerLink: Pregnancy JusticeVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------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'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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Christopher Wright Duroocher, Vice President of Policy and Program, ACSGuest: Valerie Nannery, Senior Director of Policy and Program, ACS Guest: Taonga Leslie, Director of Policy and Program for Racial Justice, ACSGuest: Senger Joseph, Associate, ACSLink: Litigation Tracker: Legal Challenges to Trump Administration ActionsLink: Rise Up Federal Worker Legal Defense NetworkLink: ACS Notice and Comment ProjectLink: May Day 2025 EventsVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------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 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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and Program Guest: Lindsay Langholz, Senior Director of Policy and Program, ACSLink: Griffin v. State Board of Elections Case Tracker, State Court ReportLink: Justice Earls' Opinion, Griffin v. State Board of ElectionsLink: North Carolina's ongoing descent into authoritarianism, by Melissa Price KrommVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2025.

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. Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Kate Huddleston, Senior Legal Counsel, Campaign Legal CenterLink: 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 QuadriLink: Cases and Actions: Japanese American Citizens League v. Musk, Campaign Legal CenterVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------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 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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Hirsh Joshi, Attorney and Patrick O'Reiley Legal Fellow, Freedom From Religion FoundationLink: Episode 155: Livin' On a Prayer As States Push Church Into Classrooms featuring Elizabeth CavellLink: We Dissent Podcast Link: Brief of the Freedom From Religion Foundation as Amicus Curiae in Catholic Charities Bureau v. Wisconsin Labor & Industry Review CommissionVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: 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 AliVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Ana Raquel Minian, Associate Professor of History, Stanford UniversityGuest:  Amanda Frost, David Lurton Massee, Jr., Professor of Law, University of Virginia School of LawLink: Immigrant Defense Project Link: Welcome.USLink: How to Talk About Immigration in Divisive Times, by Beth HallowellVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Gautam Hans, Clinical Professor of Law and Director of the Civil Rights and Civil Liberties Clinic, Cornell Law SchoolLink: Brief of First Amendment and Internet Law Professors, TikTok v. GarlandLink: How Samuel Alito got canceled from the Supreme Court social media majority, by Joan BiskupicLink: ACS Supreme Court Preview 2024-2025Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: David Glasgow, Executive Director, Meltzer Center for Diversity, Inclusion, and BelongingLink: 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 EducationLink:  American Pride RisesVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law SchoolLink: 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 KendeVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramHost: Christopher Wright Durocher, Vice President of Policy and Program, ACSHost: Valerie Nannery, Senior Director of Policy and Program, ACSGuest: Joshua Perry, Author and Former Connecticut Solicitor GeneralLink: 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 KreisLink: The Court v. The Voters, by Joshua Douglas Link: Seraphim, by Joshua PerryLink: Vision: A Memoir of Blindness and Justice, by Hon. David TatelLink: Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, by Rachel BarkowLink: Who Am I to Judge?: Judicial Craft versus Constitutional Theory, by Mark TushnetVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Valerie NanneryGuest: Bethany Davis Noll, Executive Director, State Energy & Environmental Impact Center, NYU School of LawLink: Regulation in Transition, by Bethany Davis Noll and Richard L. Revesz Link: Presidential Transitions: The New Rules, by Bethany Davis Noll and Richard L. ReveszLink: Tired of Winning: Judicial Review of Regulatory Policy in the Trump Era, by Bethany Davis NollLink: Special Solicitude" or "Special Hostility?": Where State Standing in Environmental Litigation Stands 17 Years After Massachusetts V. EPA, by Michael J. Myers and Turner SmithLink: ACS's Notice & Comment ProjectVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2024.-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.  Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Lindsay Langholz, Senior Director of Policy and Program, ACSLink: 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 ValentiLink: Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It, by Reva Siegel and Mary ZieglerVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Russ Feingold, ACS PresidentLink: Judicial Nominations, ACS Link: On the Bench: Tracking President Biden's Judicial Nominations, ACSLink: ACS Pledges to Continue Fight for Rule of Law and Progressive CommunityVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media 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. Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Jonathan Diaz, Director of Voting Advocacy and Partnerships, Campaign Legal CenterLink: Find Your Polling Place, Vote.org Link:  Everything You Need to Vote, Vote.orgVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Joseph Blocher, Lanty L. Smith '67 Distinguished Professor of Law, Duke University School of LawGuest: Makennan McBryde, Legal Project Manager, Giffords Law CenterGuest: Mary McCord, Executive Director, Institute for Constitutional Advocacy and Protection, Georgetown University Law CenterGuest: Yvin Shin, Legal Associate, March for Our LivesLink: "Guided By History: Protecting the Public Sphere From Weapons Threats Under Bruen," by Joseph Blocher and Reva Siegel Link: Become a Poll WorkerLink: Election Protection Sign-UpLink: Election Official Legal Defense Network Sign-UpVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program csacasGuest: Christopher Wright Durocher, Vice President of Policy and Program at ACSGuest: Ashley Erickson, Senior Director of Network Advancement at ACSGuest: Sylvia Albert, Director of Voting and Elections at Common CauseGuest: Eyricka Geneus, Election Protection Field Coordinator at Common CauseLink: ACS National Supreme Court Preview 2024-2025Link: The Shadow Docket by Stephen VladeckLink: ProtectTheVoteVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Chris Kang, Co-Founder and Former Chief Counsel, Demand JusticeLink: "To Save Democracy, We Must Expand the Court," by Christopher Kang Link: "Supreme Court Term Limits," Brennan Center for Justice Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.  Join the Progressive Legal Movement Today: ACSLaw.orgHost: Valerie Nannery, Senior Director of Policy and Program at American Constitution SocietyGuest: Terri Gerstein, Director, NYU Wagner Labor Initiative, NYU Wagner Graduate School of Public ServiceLink: 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 Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Elizabeth Cavell, Deputy Legal Director, Freedom from Religion FoundationLink: 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 Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Christopher Wright Durocher, Vice President of Policy and Program, ACSLink: 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 PostLink: Judicial Nominations, ACSVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Marta Hanson, National Program Manager, Power the PollsGuest: Ashley Erickson, Senior Director of Network Advancement, ACS  Link: Become A Poll Worker  Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2024.-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgHost:  Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Spencer Overton, The Patricia Roberts Harris Research Professor of Law and Faculty Director of the Multiracial Democracy Project, George Washington UniversityLink: Overcoming Racial Harms to Democracy from Artificial Intelligence by Spencer Overton Link: Multiracial Democracy Project, George Washington UniversityLink: 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 Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost:  Valerie Nannery, Senior Director of Policy and ProgramGuest: 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 Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost:  Elizabeth Binczik, Director of Policy and Program for Economic JusticeGuest: 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, NPRVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgHost:  Lindsay Langholz - Senior Director of Policy and ProgramCo-Host: Claire Comey Guest: Anya Marino - Director of LGBTQI Equality, National Women's Law CenterGuest: Shiwali Patel - Director of Safe and Inclusive SchoolsLink: Education and Title IX, National Women's Law CenterLink: Hélène Barthélemy, How Men's Rights Groups Helped Rewrite Regulations on Campus Rape, The NationVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Christopher Wright Durocher, Vice President of Policy and ProgramFeatured Speaker: Elisabeth Semel, Chancellor's Clinical Professor of Law and Co-Director of the Death Penalty Clinic, Berkeley LawLink: Guess Who's Coming to Jury Duty? Berkeley Law Death Penalty Clinic Link: Whitewashing the Jury Box, Berkeley Law Death Penalty ClinicLink: Batson v. KentuckyVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay Langholz, Senior Director of Policy and Program, ACSFeatured Speaker: Oren Nimni, Litigation Director, Rights Behind BarsFeatured Speaker:  Sherrilyn Ifill, Former President and Director Counsel, NAACP LDF; Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights, Howard UniversityLink: Register for ACS's 2024 National ConventionVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik Guest: Lindsay Langholz, Senior Director of Policy and Program, ACSLink: 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 StateVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Donald Sherman, Executive Vice President and Chief Counsel, CREWLink: American Historians' Brief Link: Childrens' Rights Legal Scholars and Advocates Brief Link: Colorado lawsuit enforcing Donald Trump's unconstitutional disqualification, CREWVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice for ACSGuest: Sarah Luppen Fowler, Senior Deputy General Counsel, SAG-AFTRA (affiliation included for identification purposes only)Link:  Human Artistry CampaignLink: 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 Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay LangholzGuest: Julie Suk, Hon. Deborah A. Batts Distinguished Research Scholar and Professor of Law, Fordham University School of LawLink: 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 CarrollVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Taonga LeslieGuest: Marcus Hunter, Scott Waugh Endowed Chair in the Division of the Social Sciences, UCLALink: Radical Reparations: Healing the Soul of a Nation by Marcus HunterLink: The Case for Reparations by Ta-Nehisi CoatesLink: 40 Acres and a MuleVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic JusticeGuest: Alexander Keyssar, Harvard Kennedy SchoolLink: Why Do We Still Have the Electoral College? by Alexander KeyssarLink: Why the Electoral College is Bad for America by George C. Edwards III  Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic JusticeGuest: Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental LawLink:  SCOTUS Oral Argument in Relentless, Inc. v. Department of CommerceLink:  SCOTUS Oral Argument in Loper Bright Enterprises, Inc. v. RaimondoLink: Yale Journal of RegulationVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice Link:  Oral Argument in Campos-Chaves v. GarlandLink:  Oral Argument in Wilkinson v. GarlandLink: "Beyond Crisis Narratives," by Monika Y. LangaricaVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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.  Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Russ Feingold, ACS PresidentLink: "To Do List for 2024: 70 Judges in 12 Months" by Russ FeingoldLink:  "Red Courts, Blue Courts," by Mark A. LemleyLink: "Supreme Court to Hear Momentous Case on Whether Trump Can Hold Office," by Adam LiptakVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Lindsay Langholz, ACS Sr Director of Policy and ProgramLink: "Court won't expedite ruling on Trump's immunity claim," by Robert BarnesLink: Master Calendar of Trump Court Dates: Criminal and Civil Cases, by Just SecurityLink: "Court to weigh in on scope of law used in Jan. 6 prosecutions," by Amy HoweVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.  Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Craig Mastantuono, Partner, Mastantuono, Coffee & ThomasLink: Neal Sarkar, Special Assistant County Attorney, Office of the Harris County Attorney Link: Support ACSLink: "Wisconsin leader pivots, says impeachment of state Supreme Court justice over redistricting unlikely," by Scott BauerLink: Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration LawVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic JusticeGuest: 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 BarcoVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn't.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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. Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.  Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.  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 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.  Join the Progressive Legal Movement Today: ACSLaw.org 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" Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.  Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.   Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.” Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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. Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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.   Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.