XXceedingly Persuasive

In the first part of a miniseries on voting, election law, and pre-midterm desperation, public interest lawyer Mackenzie Joy Brennan talks about voting in a two-party, federalist system; harm reduction strategies; and our short-term versus long-term goals when we go to the ballot box.

In reproductive rights pt 2, we're piecing together the lineage n legal framework of the right to choose: from the Framers' regard for natural rights (like the right to privacy), to Roe v. Wade and Planned Parenthood v. Casey using the due process liberty interest, to the current Supreme Court's disregard for these rights and precedents. Plus, a whirlwind tour debunking abortion misconceptions (no pun intended). Tune in to our repro stream with Jackie Zebrowski & Dr. Jordan at twitch.tv/ohnoitsjackie May 17 at 8 pm PST/11 pm EST! Find citations, reproductive services, or learn more at mkzjoybrennan.com

Roe & Casey's reproductive protections have been all but scrapped by the US Supreme Court (with honorable mention to Texas). Let's arm ourselves w/ medical facts, stats, precedent, and other paper bullets of the brain! In part 1, we're talking about the realities of abortion procedures and reproductive rights. In part 2, we'll dig into the jurisprudential and constitutional-interpretive history from the framers to the present. Cites and other repro' resources at mkzjoybrennan.com

Justice Stephen Breyer has announced that he's stepping down from the US Supreme Court. While he's far from the first Justice to retire, Breyer is responding to mounting pressure for the Court's older, liberal members to leave while Democrats control the Senate and Presidency. Political influence on the Court has been mounting ever since Reagan's controversial nomination of Robert Bork in 1987, and has carried through to the constitutional violations and nomination battles that shaped current SCOTUS. (Watch this ep as a two-part video on mkzjoybrennan.com !)

The baby on the album cover of Nirvana's "Nevermind" has re-filed his lawsuit against the band after his initial complaint was dismissed last month. The baby (now-adult Spencer Elden) claims what, you ask? CHILD PORN. Child porn is a reprehensible scourge on human existence but Nirvana's album cover depicting a naked baby swimming is not, per se, pornographic (in the opinion of this humble description writer)... Will this lawsuit hold water?!

In the early 2000s, everyone was certain Scott Peterson had murdered his pregnant wife Laci. We all “knew,” thanks to sordid & relentless media coverage, that there was no doubt in his guilt. BUT almost everything we heard on the news was incorrect, the investigation was flawed, the facts don't add up, and the trial was rife with misconduct. Scott Peterson is now appealing his conviction and death sentence n I'm parsing through it (thanks to the A&E docuseries, "The Murder of Laci Peterson" on Hulu)

Kyle Rittenhouse killed two & wounded another with an AR-15 style gun he brought to a protest over the killing of an unarmed black man, Jacob Blake. Rittenhouse's acquittal has raised questions about self defense claims by armed aggressors, judicial bias, and unequal outcomes in the criminal justice system.

In the 3rd installment on free speech, we examine first amendment struggles with new media. Social media-- unchecked, internet speech on private platforms where, often, nobody is held liable-- is the obvious, pressing example. BUT it's still Halloween-adjacent, so we're taking a lighter look at the War of the Worlds radio broadcast in 1938, too.

Hate speech & beyond! This is Free Speech Part 2 from our Youtube-originating miniseries, Judicial Revue. This time, we hit some of the categories of speech with limited protection and tricky definitions-- in a lot of them (like hate speech), legality can depend heavily on the speaker's intention. To watch this as the good lord intended (via video), including extra cat content, search Mackenzie Brennan or "Judicial Revue" on Youtube (or, link in show description)!

Welcome to Judicial Revue, our side-series on the constitutional amendments! We're skipping over the articles for now and starting with one of the five rights in the First Amendment-- free speech. More specifically, the guarantee that "Congress shall make no law...abridging the right to free speech," which is a little different than what some folks assume the clause guarantees. To watch this as the good lord intended (via video), including extra cat content, check out Judicial Revue on Youtube!

This Pride Month also marks 40 years since the first AIDS diagnoses: On the one hand, the LGBTQ+ community has come so far; on the other, the US Supreme Court has just ruled against same-sex couples' freedom to adopt from religious organizations. We discuss progress, corporatized pride, and re-work last year's interview with John Ascher, who lost his partner Stewart Joy to AIDS in 1988. John tells us about the stigma and heartbreak, the Reagan Administration's failure to act, and public health response in an epidemic.

We're talking decarbonization with environmental lawyer Rich Kassel, who's worked with the EPA, the UN, and the NRDC (to name a few) to craft and reform global climate policy. Rich gives a few examples of decarbonization methods & policies that are feasible and efficient enough to make a significant difference fast (rather than waiting 'til 2040). He also says that after working in this field for 30 years, he's never felt more optimistic. So, hey, that's a refreshing thing to hear these days!

CONTENT WARNINGS: Abuse, gun violence and death. After breaking down Phil Spector's history and the death of Lana Clarkson in the last episode, we're joined again by No Dogs In Space's Carolina Hidalgo to talk about the trial and the evidence in favor of (and against) conviction.

In our detour into trials & social-grappling-with music producers, we’re visiting the recently departed Phil Spector. With some added musical & cultural insight from Carolina Hidalgo, we talk about the late producer, his mistrial and second trial, and how public opinion and evidentiary omissions influenced his murder conviction. Part 1 of 2!

We're joining forces with Natalie, Holden, and Jackie from the Page 7: Pop History podcast to talk about the ongoing legal battle between Kesha and producer Dr. Luke. Almost since Kesha became a pop star, she has been contractually obligated to work with her alleged abuser, Dr. Luke. The multiple trials over sexual assault, defamation, and when and how Kesha can make music have been ongoing for years, and a final decision is still pending. For more about Kesha's history and career, check out Page 7: Pop History's Kesha Part 1 on Spotify!

Forced motherhood in Venezuela has become one of many unintended consequences of the Maduro regime, and of the international sanctions designed to oppose Maduro. The combo of Maduro's domestic policy and the Trump administration's foreign policy has made access to abortion, reproductive healthcare, birth control, and even condoms nearly impossible in Venezuela. We discuss the best international responses to dangerous domestic policies elsewhere.

While in Part One, we discussed the legal history and constitutionality of the death penalty, in this episode we bring on political writer Kat Timpf to discuss the moral implications and whether government should have the ability to carry out executions. Patreon: https://www.patreon.com/XXceedinglyPersuasive

The US federal government carried out a record number of executions under the Trump Administration (which pushed the last one through just days before President Biden’s inauguration). The current Supreme Court lifted multiple stays to allow these executions to go forward. With a new President, the same Court, and global attitudes shifting away from capital punishment, is the death penalty "cruel & unusual" punishment?

This week, we discuss Trump's second impeachment. Big guy now holds half of the presidential impeachments in our nation's history! In relation to the new impeachment charge AND upcoming inauguration, we examine when angry speech becomes incitement to violence, and what federal crimes the rioters might be facing. (Sorry for technical difficulties with the first posting-- corrected now!)

After Trump supporters' attempted coup and invasion of the Capitol this week, we discuss the attack's significance, the rhetoric that led to it, and the response from both law enforcement and government. We touch on what this (and the newly 'blue' Senate after the Georgia run-off election) means for the transition of executive power and the incoming Biden administration. Also, can Trump pardon himself...? For bonus content & more, join our Patreon at patreon.com/XXceedinglyPersuasive !

With the Dept. of Justice suing Walmart over pharmacy practices during the opioid crisis, and the Sackler family testifying before Congress, we diagnose the actual systemic problems in our healthcare framework. While politicians and corporations try to implement symbolic, ineffective hurdles after-the-fact, we'll see patients struggle to access prescriptions, and providers and pharmacists struggle to provide adequate treatment. The real fix is to take private industry control out of healthcare. Bonus episode on Pharma Bro Martin Shkreli coming soon to Patreon.com/XXceedinglyPersuasive Happy Georgia election day-- get out and knock 'em dead, Georgians!

Brooke and MacKenzie discuss the rollout of the three new COVID vaccines, the effect of the anti-vax movement on public reception, the danger of conspiracy theories surrounding the vaccine and the possibility of a state mandate requiring Americans who are able to be vaccinated.

With news of ICE Detainees going on hunger strike to protest being held in ICE facilities despite the risk of COVID, we discuss the balancing and international law around hunger strikes and forced feedings. We start with the most famous prisoner hunger strikes: the 10 IRA members who died in British custody during The Troubles. Also, we condemn eating eggs on planes. (Please note that this episode includes descriptions of eating disorders, so be aware of that & gentle with yourself!) Give to our new patreon at patreon.com/XXceedinglyPersuasive !

Biden won, Trump lost. What comes next, with recounts, lawsuits, and refusals to concede? This feels like the last scene in The Graduate.

To help distract from the presidential (+) election currently raging around us we are delving into a different potential crisis: reproductive rights and abortion access after Amy Coney Barrett's approval to the Supreme Court. Many, many things are on the chopping block with her unprecedented appointment, and Roe & Casey's protections are top of the list. We discuss the medical realities, legal standard, and what-ifs of abortion. Stay safe & go vote, if you haven't! (Mkz apologizes for her mic quality- the good one broke- we hope you'll still listen on an important topic with the promise she will fix it by next time!)

Brooke and MacKenzie are joined by documentary filmmaker Benjamin Boult to discuss the story of officer Ken Williams, who says he was pushed out of his department in Brockton, Massachusetts after he helped the victim of an unlawful arrest file a complaint against a fellow officer. Beyond the Blue Wall film: https://www.bluewallfilm.com/ Benjamin Boult's work: https://www.benjaminboult.com/

MacKenzie and Brooke talk to Vanity Fair writer Caleb Ecarma about the prosecution of journalist Maria Ressa and Rodrigo Duterte's growing war on the press and freedom of speech in the Philippines. They also discuss the first few days of the Supreme Court confirmation hearing of Judge Amy Coney Barrett.

We pay tribute to Justice Ruth Bader Ginsburg- the lawyer and jurist, the woman and human being. Justice Ginsburg decision in a case about gender equality at the Virginia Military Institute, or VMI, and its “exceedingly persuasive” standard is particularly dear to our hearts. We also acknowledge, reluctantly, what her vacancy from the bench means for the Supreme Court, along with all existing precedent and future judicial interpretation...

Those who don’t remember the past are doomed to repeat it, baby, yet here we are. The response to the last major epidemic, HIV/AIDS, was a cautionary tale in public health policy. Timely response, regard for medical science, and rhetoric from the President were far from ideal, and thousands of lives were lost as a result. As the COVID crisis rages on, we talk to John Ascher, who cared for his partner, Mackenzie’s uncle Stewart Joy, until Stewart’s death from AIDS in 1988. Next week’s episode will be a heavily reluctant farewell to Justice Ginsburg.

In the second part of our talk about SESTA/FOSTA and criminal justice reform regarding sex work, we chat with sex worker, sex educator, and relationship-and-intimacy coach Xandra (@XandraDzw). We discuss what the new law did (and how it might violate the Constitution), where it failed at its professed goal of protecting victims and sex workers alike, and how it has instead pushed providers into more dangerous positions. We also consider what regulations or systemic changes might be the most beneficial to the community.

With Joe Biden's recent announcement of CA Senator Kamala Harris-- a woman of mixed black-and-Indian descent, and a former prosecutor-- as his running mate, we discuss some of the criticisms leveled at the new, potential VP: the good, the bad, and the ugly. Then, we segue from Harris' record on sex work into the start of our two-part "series" the SESTA-FOSTA legislation's effects on sex workers. (Thanks for bearing with our choppy audio quality while we keep navigating this record-from-home business!)

Brooke and MacKenzie are joined by the Page 7: Pop History crew, Jackie Zebrowski, Holden McNeely and Natalie Jean, to discuss the #FreeBritney movement and the fraught legal and cultural battle over the conservatorship of Britney Spears, including the standard for conservatorship, along with some of the protections and procedure under the law, whether it applies to Britney’s case given what we know (plus possible alternatives), and if it does apply, what powers should be given, and who should serve as conservator.

Portland. The Trump Administration has sent federal troops to intervene in civilian protests on the streets of Portland, Oregon-- at least, that's what we've pieced together with the limited information released by the Trump Admin. or the officers themselves. This week, we discuss where state and federal jurisdiction begin and end, how much protection the First Amendment provides protestors, and what law enforcement needs to (legally) detain protestors.

MacKenzie and Brooke bid adieu to the 2020 SCOTUS term by breaking down some of the Court's notable decisions, including protection for LGBTQ workers under Title VII. They also discuss the difference between textualism and originalism, and MacKenzie makes Brooke promise to watch Hamilton.

Brooke and MacKenzie lay out the history of qualified immunity and how it protect officers accused of misconduct and break down the messy resignation of US Attorney Geoffrey Berman, who was ousted by Attorney General William Barr. They also discuss the deaths of Dominique "Rem'mie" Fells, Riah Milton, Elijah McClain and the ramifications of being too quick to call the police.

MacKenzie and Brooke discuss the deaths of Ahmaud Arbery, Breonna Taylor, George Floyd, Tony McDade, David McAtee, James Scurlock and Dion Johnson and the lack of accountability in cases of police brutality against the Black community. The conversation also addresses the recent curfews and the First Amendment rights to free speech and assembly, the "knock-and-announce" requirement when law enforcement enters a residence, and the charge of "felony murder" brought against some perpetrators. Nonprofits and bail funds: https://linktr.ee/donationresourceshere National Bail Out: https://secure.actblue.com/donate/freeblackmamas2020 LGBTQFund: https://www.lgbtqfund.org/ The Okra Project: https://www.theokraproject.com/ Black Trans Travel Fund: https://www.blacktranstravelfund.com/ The Loveland Foundation: https://thelovelandfoundation.org/ Therapy for Black Men: https://therapyforblackmen.org/ National Lawyers Guild (for protesters): https://www.nlg.org/ Anti-racist resources doc: https://docs.google.com/document/d/1BRlF2_zhNe86SGgHa6-VlBO-QgirITwCTugSfKie5Fs/preview?pru=AAABcqnfhsM*BwkzhwIRvCJi0nctIm8scw Anti-racist reading list by Layla Saad: https://www.theguardian.com/books/booksblog/2020/jun/03/do-the-work-an-anti-racist-reading-list-layla-f-saad

From our respective living rooms & with less-than-optimal levels of sanity, we're back! With the country in the second month of COVID-19 quarantine, we're discussing the balance of powers-- between individuals, state governments, and the federal government (then between the president and legislature therein)-- and how and when a public health emergency shifts that balance. We also talk about some of the societal and psychological effects of the virus and resulting policies. Stay healthy, and be gentle with yourself!

Brooke and MacKenzie discuss President Trump's recent pardons and commutations and Mike Bloomberg's late entrance to the Democratic primary race (and his unorthodox campaign tactics). MacKenzie breaks down the constitutionality of Stop & Frisk.

MacKenzie and Brooke give a rundown on the conviction of Roger Stone and Attorney General Barr’s interference in the case as well as President Trump’s peanut gallery commentary on Twitter. They also discuss the latest Democratic primary results and remind you to REGISTER TO VOTE.

What exactly happened in Iowa? MacKenzie and Brooke break down how the Iowa caucuses fell apart and answer listener questions about how caucuses work. They also discuss the acquittal of President Trump in the Senate and his surreal State of The Union.

WE ARE BACK AT IT! ...& catching up on the removal process advancing on now-impeached President Trump, new evidence, and the impending Senate trial. We also breathe a sigh of relief about narrowly dodging nuclear war with Iran and talk war powers: what can the President [legally] do without consulting Congress? When? Are we just living some hybrid plot between Wag the Dog and Dr. Strangelove?

Brooke and MacKenzie discuss Prince Andrew's far-fetched alibis and T.I.'s decision to take his teen daughter to the doctor to check the status of her virginity. They also break down the myths and magic of hymens, update listeners on the ongoing impeachment circus and discuss Roger Stone's guilty verdict and President Trump's clearing of three service members involved in war crime cases.

We host our friend Ben Kissel (of Abe Lincoln's Top Hat & Last Podcast on the Left) to discuss the start to public impeachment testimonies, the ongoing Roger Stone and Trump Tax trials, the spectrum from reaching across the aisle to befriending war criminals (lookin' at you, Ellen and GW Bush), and which Taco Bell entrees are fit for dog consumption

We're going through listener questions we got during the last Democratic debate! In doing so, we cover questions about the three front-runners (Warren, Biden, Sanders) and territory beyond the 2020 race, like how much the DNC favored Hillary Clinton in 2016, privately owned electronic voting machines, and fostering political involvement in your ambivalent friends.

MacKenzie and Brooke discuss President Trump's most recent attempt to violate the Emoluments Clause as well as House Democrats' impeachment inquiry and the murders of Botham Jean, Joshua Brown and Atatiana Jefferson.

We talk about President Trump's decision to withdraw US troops from areas held by the Kurds in Syria, the NBA's capitulation to China, Jacob Wohl's failed attempt to destroy Liz Warren's reputation and a law in Maine that has contributed to the deaths of three women.

This week, the impeachment process officially began, so we're buckling in and discussing the executive branch, interactions with Ukraine, and some procedural nonsense. We also commit ourselves to the cause of defending climate activist & wunderkind Greta Thunberg at all costs; and, after Jonathan Van Ness' announcement about being HIV+, we debunk some HIV stereotypes n stigma.

We talk about the history of money in politics & Citizens United; on this first anniversary of Dr. Blasey-Ford's testimony, we also discuss the new book about accusations against Justice Brett Kavanaugh, and Elizabeth Warren's standing in the polls...! (Things move pretty quickly: This episode was recorded on 9/20/19)

THE EMOLUMENTS CLAUSES. They seem remote & unsexy, but this is probably why Trump is able to flagrantly violate them with such ease. This week, we go through what the clauses mean, their honorable and elephant-heavy history, and who can challenge the Trump Administration's violations thereto. Happy 13th episode (and recent Friday)!

Opioids have truly become the opiate the people, from big cities to Mayberry, over the last decade; despite the fervor, we haven’t yet developed a workable plan. This week we discuss new liability for pharmaceutical companies—and panic legislation that has burdened healthcare professionals without distinguishing different patients’ needs or making alternative pain management accessible. We contrast these ham-fisted solutions with more effective & nuanced strategies like weaning schedules, research and healthcare funding, supervised injection& test strips.

We continue our conversation about gun violence and how the Second Amendment intersects with other rights and limitations-- Due Process, private online platforms, and when First Amendment speech meets extremism, hate speech, and threats.