Broken Law
Ever feel like the law is stacked against you? It probably is. Broken Law speaks truth to power in discussing how our laws and legal system serve the few at the expense of the many. This is where law meets real life. Hosted by the staff of the American Constitution Society, we reckon with the origins of our legal system, interview people on the frontlines of the progressive legal movement, and chat about necessary legal reforms to restore our democratic legitimacy and improve the lives of all people.
Episode 173: The First 100 Days
President Trump's first 100 days of his second term have been unlike any other in the modern American presidency. The ACS Programs Team joins to discuss the major actions taken by the Administration in its opening weeks, shine a light on some of the actions Trump has taken that have slipped under the radar, and reflect on how the federal courts have responded.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Christopher Wright Duroocher, Vice President of P...
Episode 172: A "Bloodless Coup" Underway in North Carolina
Over five months after voters cast their ballots to elect a North Carolina Supreme Court Justice, the election remains uncertified. The losing candidate has taken to the courts in an attempt to change the rules of the contest long after Election Day and, so far, two state courts have been willing to do so. Lindsay Langholz joins Christopher Wright Durocher to discuss the legal case at the heart of this election contest, the courts who have and will be hearing the case, and what it could mean for the rest of the country.
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Episode 171: Taking DOGE to Court
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.Â
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Kate Huddleston, Senior Legal Counsel, Campaign Legal Center
Link: Litigation Tracker: Legal Challenges to Trump Administration Actions
Link: CL...
Episode 170: Public Policy and Religious Exemptions Collide Again, and Again, at SCOTUS
The Court is entering its final stretch of oral arguments for the 2024-2025 term and they will be hearing four important cases with significant First Amendment implications, particularly when it comes to the separation of church and state. Hirsh Joshi joins Lindsay Langholz to discuss the tension between public policy goals and religiously motivated exemptions in each of these cases.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Hirsh Joshi, Attorney and Patrick O’Reiley Legal Fellow, Fre...
Episode 169: We Are in a Constitutional Crisis
More than 950 law scholars from around the country have signed on to a bipartisan letter decrying President Trump’s slew of illegal executive orders and actions. Christopher Wright Durocher talks with principal author and coordinator of the letter Kent Greenfield about what prompted these scholars to speak out and where this crisis may lead.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law SchoolÂ
...
Episode 168: Confronting the War on Immigrants
Perhaps more than any other issue, harsh immigration enforcement has defined President Trump’s political career. Since returning to office, the President has moved to end birthright citizenship, authorized ICE to raid schools and churches, and announced plans for mass detention centers on Guantanamo. Professors Ana Raquel Minian and Amanda Frost join Taonga Leslie to help us make sense of the raft of anti-immigrant actions and what they mean for our civil and constitutional rights more broadly.
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Host: Taonga Leslie, Director of Policy an...
Episode 167: TikTok, Adult Content, and the First Amendment's Big Month at the Court
The Supreme Court recently heard two cases that could have significant implications for the way we live our lives online. Gautam Hans joins Lindsay Langholz to reflect on the arguments made to the Court, how to interpret the TikTok v. Garland decision and chaotic aftermath, and why we should all care about broad restrictions on adult content websites.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Gautam Hans, Clinical Professor of Law and Director of the Civil R...
Episode 166: What's Next for DEI?
From the first Trump Administration's executive order restricting equity and inclusion discussions across the federal government to the Supreme Court's decision in Students for Fair Admissions, the last few years have seen significant legal attacks on diversity, equity, and inclusion (DEI) programs. David Glasgow joins Taonga Leslie to discuss the historical context of DEI, the current state of play as we enter a second Trump Administration, and potential opportunities for individuals and companies to be doing more.
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Host: Taonga Leslie, Director of Policy a...
Episode 165: Judging the Failure of Constitutional Theory
What is constitutional theory and do judges actually need one? Mark Tushnet joins Christopher Wright Durocher to discuss his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory, and how reasoned judgment can lead the way forward.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law School
Link: Who Am I to Judge? Judicial Craft Versus Constitutional Theory, by...
Episode 164: Holiday Reading Wishlist
If you are doing some last minute holiday shopping or resolving to read more books in 2025, we have got you covered. Lindsay Langholz and Christopher Wright Durocher share what books are on their wishlist this holiday season, and Valerie Nannery speaks with Joshua Perry about his novel, Seraphim.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Host: Christopher Wright Durocher, Vice President of Policy and Program, ACS
Host: Valerie Nannery, Senior Director of Policy a...
Episode 163: Ch-Ch-Ch-Changes: How Trump Will Move To Roll Back Protections Under Federal Law
Bethany Davis Noll, Executive Director of The State Energy & Environmental Impact Center, joins Valerie Nannery to talk about how a second Trump Administration will move to roll back federal regulations, how he harnessed previously low-profile tools to roll back regulations during his first term in office, and how this changed the way the Biden Administration approached regulatory changes.
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Host: Valerie Nannery, Senior Director of Policy and Program at American Constitution Society
Guest: Bethany Davis Noll, Executive Director, State Energy...
Episode 162: The Threat of a National Abortion Ban in All but Name
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.Â
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Host: Christopher Wright Durocher, Vice President of Policy and...
Episode 161: Can’t Stop. Won’t Stop. Judicial Confirmations Post-Election
The 2024 presidential election is behind us. Now, the second Trump administration looks poised to pick up where the first left off in its effort to reshape the federal judiciary in the conservative legal movement’s image. ACS President and former U.S. Senator Russ Feingold joins Christopher Wright Durocher to discuss prospects for the current Senate to confirm President Biden’s remaining judicial nominees to mitigate the damage of more Trump-appointed judges and to discuss what progressives can do about the courts right now and over the next four years.
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Episode 160: What to Expect When You're Expecting Election Results
In the days after Election Day 2020, mis- and disinformation over how votes are counted, verified, and results certified fueled political violence and the birth of the Big Lie. Ahead of Election Day 2024, Jonathan Diaz joins Lindsay Langholz to discuss what election law experts are actually focused on once the polls close and what is just noise.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Jonathan Diaz, Director of Voting Advocacy and Partnerships, Campaign Legal Center
Episode 159: The Relationship Between Guns and Democracy
From the January 6th attack on the Capitol to recent assassination attempts on former President Donald Trump, political violence and intimidation pose a growing threat to our democracy. Taonga Leslie brings an excerpt from a recent ACS program co-hosted by Giffords Law Center and March for Our Lives featuring a discussion among advocates and legal scholars on the causes of rising political violence, the stakes of the 2024 election, and how progressives can support positive change.
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Host: Taonga Leslie, Director of Policy and Program...
Episode 158: The Start of a New SCOTUS Term and the End of the 2024 Election
In this supersized episode, Christopher Wright Durocher joins Lindsay Langholz to discuss what to expect from the imminent start to the 2024-2025 Supreme Court Term. Then, Sylvia Albert and Eyricka Geneus of Common Cause join Ashley Erickson to dig in on volunteer opportunities in this final stretch of the 2024 election cycle.
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Host: Lindsay Langholz, Senior Director of Policy and Program csacas
Guest: Christopher Wright Durocher, Vice President of Policy and Program at ACS
Guest: Ashley E...
Episode 157: The Case for Court Reform
The Roberts Court has spent years ignoring precedent, norms, and judicial restraint in pursuit of concentrated power. Chris Kang joins Taonga Leslie to discuss the problems this power grab has caused and many of the reform proposals currently on the table.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Chris Kang, Co-Founder and Former Chief Counsel, Demand Justice
Link: "To Save Democracy, We Must Expand the Court," by Christopher Kang <...
Episode 156: Protecting Workers on Labor Day and Every Day
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.Â
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Host: Valerie Nannery, Senior Director of Policy and Program at American Constitution Society
Guest: Terri Gerstein, Director, NYU Wagner Labor Initiative, NYU Wagner Graduate School of Public Se...
Episode 155: Livin' On a Prayer As States Push Church Into Classrooms
Two recent Supreme Court decisions have dramatically eroded the separation of church and state when it comes to our public schools. As students head back for another school year, Elizabeth Cavell joins Lindsay Langholz to look at the impact the Court's decisions have had on public school classrooms and how Christian nationalists are attempting to push the boundary even further.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Elizabeth Cavell, Deputy Legal Director, Freedom from Religion Foundation
Episode 154: The Court's Breaking Point
In less than four years, President Biden has gone from a skeptic to proponent of significant reforms to the Supreme Court. Christopher Wright Durocher joins Lindsay Langholz to discuss how the Court’s recent decisions have played into the growing calls for reform and what proposals may be gaining traction. We also bring you excerpts of ACS’s 2023-2024 Supreme Court Review to better understand just how aggressive the Court has become in delivering wins for the conservative legal movement and accumulating power for itself.
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Ho...
Episode 153: Powering the Polls
In less than 100 days, voters all over the country will start heading to the polls as early voting begins in most states. Lindsay Langholz is joined by ACS’s Ashley Erickson and Power the Poll’s Marta Hanson to cut through the noise of the presidential race and talk about one concrete thing that can be done to help protect democracy this year and help restore faith in our election system long-term.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Gu...
Episode 152: The Impact of AI on Elections and Multiracial Democracy
Artificial intelligence has burst onto the scene at a fragile time for our democracy, leading to many questions about how such a powerful tool can be harnessed to empower voters and election administrators while exposing vulnerabilities in our democratic structures. Taonga Leslie speaks with Spencer Overton about the potential racial harms and upsides of AI on our democracy.
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Host:Â Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Spencer Overton, The Patricia Roberts Harris Research Professor of L...
Episode 151: The Fraud of Originalism and a Progressive Alternative
As we approach the end of another Supreme Court term where originalism has dominated opinion after opinion in furtherance of an extremist conservative ideology, a question once again arises - how should progressives interpret the Constitution? Madiba Dennie joins Valerie Nannery to discuss her new book, The Originalism Trap, and how progressives can reclaim what the Constitution means.
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Host: Â Valerie Nannery, Senior Director of Policy and Program
Guest: Madiba Dennie, Author of "The Originalism Trap"
Episode 150: What’s All the Fuss About Antitrust?
Antitrust has escaped the business section and become a major topic of conversation in households across America. If you plan to attend a summer concert, buy groceries, or even listen to this episode on your phone, antitrust could have a real impact on your day-to-day life. Recent high-profile cases and notable agency actions have garnered commentary from supporters and skeptics alike. Elizabeth Binczik speaks with Sandeep Vaheesan of Open Markets Institute about the competing views on the FTC’s and DOJ’s recent actions and what this period means for antitrust.
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Episode 149: The Promise of Title IX
The Biden Administration recently released a new rule that provides critical updates to Title IX. Lindsay Langholz and ACS Law Fellow Claire Comey speak with Anya Marino and Shiwali Patel about this important federal civil rights law, the contours of this new regulation, and the work still to be done to protect students of all gender identities on campus.
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Host: Â Lindsay Langholz - Senior Director of Policy and Program
Co-Host: Claire ComeyÂ
Guest: An...
Episode 148: Uncovering the Truth About Discrimination in Jury Selection
Christopher Wright Durocher is joined by Professor Elisabeth Semel to talk about her recently released report, Guess Who’s Coming to Jury Duty? They discuss how too many courts don’t adequately track prospective jurors’ race and ethnicity and how the failure to take a race-conscious approach to jury selection and service results in the perpetuation of implicit, explicit, and institutional racial bias in our criminal legal system.
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Today's Host: Christopher Wright Durocher, Vice President of Policy and Program
Feat...
Episode 147: "Rightfully Complicit"
This week on Broken Law, we revisit two moving speeches from ACS's 2023 National Convention. Oren Nimni and Sherrilyn Ifill explore the complicity of lawyers in maintaining our unjust legal system and the special responsibility we bear in creating a more just future.
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Today's Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Featured Speaker: Oren Nimni, Litigation Director, Rights Behind Bars
Featured Speaker: Â Sherrilyn Ifill, Former President and Director Counsel, N...
Episode 146: Abortion, Courts, Elections, and You
Florida and Arizona state courts recently green lit restrictive abortion bans and the Supreme Court hears two cases that will have significant implications for how doctors and pregnant people navigate the post-Dobbs chaos. Elizabeth Binczik and Lindsay Langholz discuss the latest abortion news and how these developments are interacting with this year's elections.
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Today's Host: Elizabeth BinczikÂ
Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS
Link: Former Arizona Gov. Doug Ducey sa...
Episode 145: Insurrection on the Docket
The Supreme Court has taken up three cases that arise out of litigants seeking accountability for the violent events of January 6th. This month, the Court will hear arguments on former president Trump's presidential immunity claim and take a look at whether the law used to prosecute many January 6th participants was validly applied in one such prosecution. Lindsay Langholz speaks with Donald Sherman of CREW about what the Court's decision in Trump v. Anderson, the ballot disqualification case, means for this ongoing pursuit of accountability.
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Episode 144: Protecting Performers in a New Age of AI
Artificial Intelligence has the potential to affect how work is performed across industries and, in particular, within media and entertainment. Elizabeth Binczik speaks with Sarah Fowler of SAG-AFTRA to get her thoughts on how AI could impact performers’ work, the current state of the law, and how we might protect performers and people in general from AI’s risks without sacrificing AI’s benefits.
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Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice for ACS
Guest...
Episode 143: Misogyny and the Law
International Women's Day will be celebrated on March 8th. It is a day to celebrate while also taking stock of women's rights here in the United States and abroad. This year, we see a number of countries making significant strides toward reproductive freedom for women while the United States slides backwards. Lindsay Langholz speaks with Julie Suk, author of "After Misogyny: How the Law Fails Women and What to Do About It," about how misogyny informs our legal system and our social structures.
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Today's
Episode 142: Radical Reparations
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.
...
Episode 141: The Electoral College's Past, Present, and Future (Part II of Episode 137 - Is the ECA Prepared for 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.
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Episode 140: The Relentless Attack on Government as We Know It
The Supreme Court recently heard oral arguments in Loper Bright Enterprises and Relentless, Inc., two cases that could see the Court overrule the Chevron doctrine, a 40-year-old precedent. Overruling Chevron could empower courts to redesign federal governance as we know it. Elizabeth Binczik speaks with Professor Andrew Mergen about what happened at the oral arguments, about the Chevron doctrine, and the sweeping consequences that could unfold if the Court opts to overrule it.
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Today's Host: Elizabeth Binczik , ACS Director of Policy...
Episode 139: Will SCOTUS Close the Courthouse Door to Immigrants?
The U.S. Supreme Court recently heard oral argument in the second of two big immigration cases this term. On this episode, Jeanne Hruska speaks with Taonga Leslie about the Supreme Court's track record on immigration, takeaways from the oral arguments in the relevant cases this term, and the potential impact on access to justice depending on how the Court rules.
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Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Taonga Leslie, ACS Director...
Episode 138: Two Big Ticket Items for 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 70Â judges in 12 months.Â
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Today's Host: Jeanne Hr...
Episode 137: Is the ECA Prepared for 2024? Part I
The Electoral Count Act (ECA) played a prominent role in the legal fictions clung to by those who orchestrated the January 6th Insurrection. With another presidential election before us, Lindsay Langholz joins Jeanne Hruska to discuss the updates made to the ECA since 2021 and whether we should have faith in the ECA this election cycle. They also recap end-of-year SCOTUS news.
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Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Sr D...
Episode 136: 2023 Wrap Up
With 2023 nearly over, Craig Mastantuono and Neal Sarkar join Jeanne Hruska to discuss the good, the bad, and the terrifying from the past year and to look ahead to the mammoth year that is 2024. Craig and Neal also share the biggest 2023 takeaways from their respective states: Wisconsin and Texas.
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Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Craig Mastantuono, Partner, Mastantuono, Coffee & Thomas
Guest: Neal Sarkar, Special Assistant County A...
Episode 135: What a Year for Labor!
After a hot labor summer, we've continued to see positive developments on the labor front. On this episode, Elizabeth Binczik speaks with Professor Catherine Fisk about the combination of labor wins this year and what 2023 could mean for labor moving forward. They review the deals struck to end the Hollywood strikes and the ingenuity of the United Auto Worker strikes.
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Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Guest: Catherine Fisk, Professor...
Episode 134: Red Courts, Blue Courts, and AI
Two topics for the price of one episode. Jeanne Hruska is joined by Professor Mark Lemley for a discussion on his recent article, “Red Courts, Blue Courts,” which explains how administrations are increasingly prioritizing district court vacancies in states that align with their party and the resulting consequences. In the second half of the episode, they delve into AI and the question of whether AI-generated content is protected by the First Amendment.
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Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Mark A. Lem...
