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 212: Previewing the New SCOTUS Term
In recent years, the Roberts Court has fundamentally reshaped constitutional law. This Term, the Court will take up cases that could have profound implications for civil rights, public safety, and the health of our democracy. A panel of constitutional and legal experts joins Lindsay Langholz to discuss how far the Court might go to further transform voting rights, access to the courts to pursue accountability for law enforcement abuses, protections for gender and sexual minorities, gun violence prevention efforts, and other civil and constitutional rights.
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Episode 211: Truth and Reconciliation? Transitional Justice in the Trump Era and Beyond
Insiders likened aspects of Trump’s proposed “anti-weaponization fund” to a truth and reconciliation commission—a key transitional justice process—to legitimize the corrupt mechanism. Yet, the Trump Administration’s use of transitional justice terms to address supposed abuses of the past brings up important questions about what transitional justice mechanisms might be needed to address rights violations occurring during Trump’s term. Diane Furstenau is joined by Lisa Dicker, Assistant Professor of Law and Associate Director of the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law, to discuss Trump’s use of transitional ju...
Episode 210: What’s at Stake in State AG Elections
State attorneys general have been in the news a lot lately. But many people don’t fully understand what the job of state attorney general entails, and voters too often skip these races on their ballot because they don’t know anything about the office or the candidates. With 30 states and the District of Columbia holding elections for their attorneys general this November, understanding the role of your state attorney general is important to being an informed voter. Former New Jersey Attorney General Matt Platkin joins Broken Law to talk about what the job of a state AG is and...
Episode 209: Protecting the Vote
The first ballots of this year's midterms have been sent out, and with that, it is officially election season. Katie Waldo of We the Action and Nicholas Gothard of the Lawyers' Committee for Civil Rights Under Law join Ashley Erickson to discuss ways that lawyers and law students can get involved in election protection efforts in 2026.
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Host: Ashley Erickson, Senior Director of Network Advancement
Guest: Katie Waldo, Managing Director, We the Action
Guest: Nicholas Gothard, S...
Episode 208: For the United States: Rebuilding Independence at the Department of Justice
The Department of Justice is in crisis. The bedrock principle of non-interference, once held sacrosanct by administrations of both parties, has been jettisoned. The Attorney General has directed the Department to represent the President and his agenda above all else. Thousands of attorneys and professionals have left or been forced out as leadership pursues personal and political grudges at the President’s open direction. What reforms can be instituted to restore the department’s independence? What can be done by Congress or outside organizations to bring oversight to the abuses taking place within the department? What can future administrations do t...
Episode 207: Puerto Rico: A Part of but Apart from the U.S.
Nine years after Hurricane Maria and ten years after a fiscal control board was imposed on Puerto Rico, the second Trump Administration is now using the island for its own aims while neglecting the needs of the island's citizens. In this episode, Dr. Marisol LeBrón joins Valerie Nannery to dig into Puerto Rico’s colonial status, how it effects the everyday lives of Puerto Ricans, and how it enables the Trump Administration’s reinvigorated Monroe Doctrine.
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Host: Valerie Nannery, Senior Director of Polic...
Episode 206: Pink Crime
In the wake of recent SCOTUS decisions like Dobbs and Skrmetti, the bodies and actions of queer people, mothers, and pregnant people have been increasingly criminalized. Lindsay Langholz is joined by Valena Beety to discuss her new book, Pink Crime: Fighting Against the Criminalization of Motherhood, Pregnancy, and Queer Identity, and how women and queer people are being punished for crimes that never occurred at all.Â
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Valena Beety, Robert H...
Episode 205: Civil Society Under Attack
In backsliding democracies around the world, civil society organizations have consistently been targeted by government actors in order to stifle dissent and pluralism. ACS Director of Policy and Program Diane Furstenau joins Lindsay Langholz to discuss this pattern and what lessons we can learn from other countries' experiences as we face similar threats at home.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Diane Furstenau, Director of Policy and Program, ACS
Link: Monitor: T...
Episode 204: The Imperial Presidency
Checks on executive power have become fully unbalanced, with boundaries and guardrails overrun daily. Congressional leadership unwilling to challenge a president of their own party and an enabling Court have thus far proven largely uninterested in reining in a president who openly defies constitutional and legal constraints on his power. A recent panel at ACS's 2026 National Convention tackles the question of what can be done now to curb executive power and rebalance our branches of federal government?
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Host: Lindsay Langholz, Vice President of...
Episode 203: The Trump Admin's Multifaceted Attacks on Legal Education
Since retaking office, the Trump Administration has put the legal profession in the crosshairs through executive orders, administrative rules, and public pressure campaigns targeting lawyers, law firms, and judges. In a recent wave of attacks, the Administration has set its sights on law schools and law students. Amanda Fuchs Miller joins Ashley Erickson to discuss the various levers of federal power being pulled by the Administration to target legal education and what can be done about it.
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Host: Ashley Erickson, Senior Director of...
Episode 202: SCOTUS Term Refresher
In the final weeks of the 2025-2026 term, the Supreme Court will issue over two dozen decisions in key cases. Before this final stretch, we return to ACS's Supreme Court Preview event to refresh our collective memories on those cases still outstanding and as an opportunity to reflect on what the term has yielded thus far.
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Host: Valerie Nannery, Senior Director of Policy and Program
Guest: Mark Joseph Stern, Senior Writer, Slate Magazine
Guest: Carlos A...
Episode 201: Corruption of and Through the Pardon Power
Recent reporting suggests the President is flirting with issuing more blanket pardons for political allies and those willing to court his favor. Liz Oyer joins Lindsay Langholz to discuss how the president's pardon power has been used (and abused) in recent years and to understand just how far outside the norms we have strayed.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Liz Oyer of Lawyer Oyer, Former United States Pardon Attorney
Link: J...
Episode 200: Never Give Up
It has been a tough few weeks for democracy. The US Supreme Court's recent demolition of what remained of the Voting Rights Act, the Virginia Supreme Court's decision to trump the express will of Virginia voters to redraw congressional lines, and southern state legislatures racing to the bottom to strip Black voters of political power have weighed heavily on us all. For our 200th episode, Joyce Vance joins Valerie Nannery to discuss her book, Giving Up Is Unforgivable: A Manual for Keeping a Democracy, and what it will take from all of us to save our democracy.
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Episode 199: Democracy Needs Heroes
As ACS staff prepares for our 2026 National Convention in Washington, DC, we invite you to revisit two highlights of our 2024 convention for a little inspiration and encourage you to join us for this year's event if you are able. Judge Carlton Reeves (S.D. Miss.) and then-New Jersey Attorney General Matt Platkin delivered remarks on the legacy of Brown v. Board of Education, the role attorneys and law students can play as social engineers, and being a hero for democracy.
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Host: Lindsay Langholz, V...
Episode 198: The Fight to Free DC
Since January 2025, the District of Columbia and its more than 700,000 residents have been under near-constant attack by both the Executive and Legislative branches of the federal government. The federal officials attempting to control the District through legislative action and physical force are not elected by D.C. residents and are not accountable to them. Keya Chatterjee joins Broken Law to describe what has been happening, why everyone should care, and how people are fighting for the right of the people of D.C. to govern themselves.
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<...Episode 197: People v. The Court
The Roberts Court has recently used its docket to indulge in growing antidemocratic tendencies, collecting power for itself as it shuts the courthouse doors on those seeking to vindicate their constitutional rights and uphold checks and balances. David Sloss joins Lindsay Langholz to discuss his new book, People v. The Court: The Next Revolution in Constitutional Law, and how power might be rebalanced through a change in judicial review standards.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest:
Episode 196: Politicized Mergers as a Threat to the Rule of Law
What trust remains in antitrust enforcement under the Second Trump Administration? Diana Moss joins Lindsay Langholz to discuss the Nexstar-Tegna merger, what impact the deal would have on consumers, and why the politicization of regulatory bodies like the FCC threatens due process and the rule of law.
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Host: Lindsay Langholz, Vice President of Policy and Program
Guest: Dr. Diana Moss, Vice President and Director of Competition Policy, Progressive Policy Institute
Link: The Nexstar-Tegna Merger Will R...
Episode 195: Bringing the Constitution to the Classroom
Katie Gima and Jess Zalph join Ashley Erickson to discuss ACS's Constitution in the Classroom program, including a look at newly released curriculum entitled "Separation of Church and State and the U.S. Constitution" and how to bring this important piece of civic education to a classroom near you.
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Host: Ashley Erickson, Senior Director of Network Advancement
Guest: Katie Gima, Senior Director of Legal Programs & Networking, Americans United for Separation of Church and State
Guest:...
Episode 194: How Close to Autocracy Are We?
Kim Lane Scheppele joins Valerie Nannery to discuss how America’s slide into autocracy is similar to and different from autocratic shifts around the world, how far America is on the path to autocracy, and what we can all do to stop the descent.Â
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Host: Valerie Nannery, Senior Director of Policy and Program
Guest: Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs & Director of the Program in Law and Normative Thinking at the University Center for...
Episode 193: Navigating The Maze of Our Immigration System
Lindsay Langholz is joined by ACS San Diego Lawyer Chapter leaders Kevin Gregg and Emily Howe to discuss immigration cases making their way through federal courts, who gets to decide who is an American, what protection citizenship or legal status provides, and what it is like to be on the front lines of defending American democracy.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Kevin Gregg, Partner, Kurzban Kurzban Tetzeli & Pratt, P.A. and ACS San Diego...
Episode 192: One Year of Trump's Chokehold on Free Speech
The rights protected by the First Amendment to the U.S. Constitution are essential for the proper functioning of a responsive democracy. As we mark the end of the first year of the Second Trump Administration, Nora Benavidez joins Lindsay Langholz to take stock of the effects of a year-long assault on free speech and discuss her recent report, Chokehold: Donald Trump's War on Free Speech & the Need for Systemic Resistance.
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Host: Lindsay Langholz, Senior Director of Policy and Program
G...
Episode 191: New Year, New Leadership at ACS
Introducing ACS's New President! Phil Brest joins Lindsay Langholz to discuss his background in judicial nominations, the perspective he brings to his new role, and the political moment we all find ourselves in as he takes the helm at ACS.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Phil Brest, President of ACS
Link: ACS National Convention 2026Â
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Episode 190: Defending Immigrant Speech
From detaining student protesters to threatening to deport rival politicians, President Trump has weaponized the immigration system to suppress dissent. Professor Alina Das and advocate Ramya Krishnan join Taonga Leslie to discuss how these attacks chill speech across the board, examine the unique challenges of defending free speech in the immigration context, and describe how lawyers can resist efforts to silence non-citizens and citizens alike.
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
Guest: Alina Das...
Episode 189: 'Stand Up Now': Lessons Learned on the Ground in Chicago
This fall, the Department of Homeland Security descended on the Greater Chicago area as part of an aggressive immigration enforcement campaign targeting Democratic-run cities. Scott Sakiyama joins Lindsay Langholz to discuss his experiences organizing and engaging in efforts to combat authoritarian tactics used by federal agents, what activists in other cities can learn from Chicago, and the importance of taking action now.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest: Scott Sakiyama, Oak Park, Ill. Attorney and A...
Episode 188: Carrying the Day: Reordering Legal Values Toward Indigenous Rights in Sacred Sites
Indigenous communities are often invited to participate in the conversation about access to their sacred sites but rarely do their interests prevail. Time and again, their input is received and yet made subordinate to competing interests from corporate powers, scientific pursuits, and even recreation. Michalyn Steele joins Lindsay Langholz to discuss how the law could be changed to reorder existing values and give greater weight to Indigenous interests in sacred sites.
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Host: Lindsay Langholz, Senior Director of Policy and Program
G...
Episode 187: Trump's Threats of a Third Term and the 22nd Amendment
President Trump is currently remodeling a house that he does not seem keen to move out of when his lease is up.  Donald Sherman of CREW joins Lindsay Langholz to discuss the threat of Trump seeking a third term, and why in spite of clear constitutional text, history cautions us to take the threat seriously. They examine the clear text of the 22nd Amendment, the fight over ratification in the states, and why that all matters now.
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Host: Lindsay Langholz, Senior Director of Po...
Episode 186: DEI and the First Amendment
Right-wing operatives continue to target diversity, equity, and inclusion programs. Through a growing web of hostile executive orders, state bans, and private lawsuits, enemies of diversity are using law to chill discussion of race, gender, sexuality, and other "divisive" concepts. In the face of these attacks, diversity defenders are turning to the First Amendment — and in many cases, they are winning. Taonga Leslie is joined by practitioners from across the country to explore strategies for using First Amendment principles and precedent to strengthen DEI programs going forward and highlight recent wins.
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Episode 185: So You're Thinking of Running for Office...
In the midst of an all-out assault on the rule of law, many are seeking opportunities to get involved in their communities to fight for our democracy. We've heard from members of our network who are interested in running for office or are considering for the first time finding their way to elected service. Rebecca Dussich of Buckeye Justice Forum joins Lindsay Langholz to discuss the impact of downballot elected officials, particularly judicial officials, and what potential candidates should consider as they approach a possible run for office.
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Episode 184: On the Merits - A Preview of the 2025-2026 SCOTUS Term
After a very active summer on the emergency docket, the Supreme Court is set to begin a new term. Christopher Wright Durocher and Taonga Leslie join Lindsay Langholz to break down several important cases on the Court's merits docket, including those focused on LGBTQ+ rights, free speech, immigration, voting rights, and more.
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Host: Lindsay Langholz, Senior Director of Policy and Program
Guest:Â Christopher Wright Durocher, Vice President of Policy and Program
Guest: Taonga Leslie, Director of...
Episode 183: Circling Back
This week on Broken Law, we are circling back on stories we've previously covered, providing updates you may have missed before we head into a new SCOTUS term and a new academic year. Lindsay Langholz and Christopher Wright Durocher bring you the latest on Harvard's lawsuit against the Trump Administration, Federal Reserve Governor Lisa Cook's purported termination, the conservative majority's continuing and egregious misuse of the Supreme Court emergency docket, and how the federal government and states are handling death row cases.
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Host: L...
Episode 182: Waging Lawfare Against Democracy
The Trump administration has sought to advance its extreme and often unlawful agenda through the strategic use and abuse of the law and legal system, including Executive Orders targeting law firms and litigation and misconduct complaints against district court judges. While some lawyers and courts are holding the administration accountable, others are quick to capitulate. Mark Lemley joins Christopher Wright Durocher to talk about the administration’s abuse of the law and legal system and what can be done to stop it.Â
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Host: Chr...
Episode 181: AI and Health Equity
Over the past few years, no technological development has been more discussed than the rise of artificial intelligence and machine learning. AI is changing how we work, how we make art, and even how we access healthcare. Jennifer Oliva joins Taonga Leslie to explore the ways AI and algorithms are being used to restrict access to healthcare nationwide and how lawyers and patients can advocate for greater fairness and transparency. Â
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Host: Taonga Leslie, Director of Policy and Program for Racial Justice
...
Episode 180: The Voting Rights Act at 60
Sixty years ago, Lyndon B. Johnson signed into law one of the most transformative bills in United States history - the Voting Rights Act of 1965. Michael Li joins Lindsay Langholz to take stock of the VRA's impact on American democracy, the real wins pro-democracy advocates are still able to achieve in spite of an increasingly hostile Supreme Court, and what the future holds for this critical law.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Michael L...
Episode 179: "Active Participants in Our Own Liberation"
ACS recently completed our 2025 National Convention Series, taking a deep dive into states' responses to the pressing issues of immigration, democracy and voting, economic and racial justice, and transgender rights. This week, we bring you brief excerpts from that series, highlighting perspectives from a diverse set of experts on the stakes of this moment and what we can do in response. Â
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Aura Bogado, Senior Reporter, Injustice Watch
Episode 178: 'Irreparable Harm': A Supreme Court Term Review
The Supreme Court recently wrapped up its 2024-2025 term and the ACS Policy and Program team is here to break down the headline cases, those that may have slipped under your radar, and several that came and went via the shadow docket.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Taonga Leslie, Director of Policy and Program for Racial Justice
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Episode 177: The Legal System's Role in Political Violence
The country has recently experienced a series of escalating instances of political violence, perpetrated by individuals as well as state actors wielding governmental power. Christopher Wright Durocher is joined by Lindsay Langholz to discuss the ways in which our legal system is being weaponized against disfavored groups and the toll that political violence takes on our rights and our communities.
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Host: Christopher Wright Durocher, Vice President of Policy and Program
Guest: Lindsay Langholz, Senior Director of Policy and Program, A...
Episode 176: Checks and Balances Upside Down
In these first months of his second term, President Trump has fired or attempted to fire thousands upon thousands of federal workers. Notable among those affected by this unprecedented flexing of executive authority are leaders of independent agencies. Peter Shane joins Lindsay Langholz to discuss two recent cases that have significant implications on our system of checks and balances and just how far the president is allowed to go when it comes to control over independent agencies.
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Host: Lindsay Langholz, Senior Director of Po...
Episode 175: Defending Academic Freedom
In recent weeks, the Trump Administration has escalated intimidation efforts against Harvard University and other private colleges, by canceling billions in federal funding and threatening to revoke tax-exempt status unless the schools make major changes to their hiring and teaching practices. Andrew Manuel Crespo joins Taongal Leslie to discuss the legal strategies behind the administration's attacks on higher education and how the academy can defend its independence.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Andrew M...
Episode 174: The New Civil War Over Reproduction
Far from satisfied with Dobbs, the antiabortion movement is energized and taking aim at their next objective - fetal personhood. Mary Ziegler, author of Personhood: The New Civil War over Reproduction, joins Lindsay Langholz to discuss the antiabortion movement’s historical aims, where they are focused three years after the fall of Roe v. Wade, and how President Trump’s second term factors into those plans.
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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS
Guest: Mary Ziegler, Marti...
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...
