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.

enAmerican Constitution Society144 Episodes

Episodes (144)

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.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Lindsay Langholz

Guest: Julie Suk, Hon. Deborah A. Batts Distinguished Research Scholar and Professor of Law, Fordham University School of Law

Link: 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 Carroll

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Email the Show: Podcast@ACSLaw.org

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Broken Law: About the law, who it serves, and who it doesn’t.
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enMarch 05, 2024

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.

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Today's Host: Taonga Leslie

Guest: Marcus Hunter, Scott Waugh Endowed Chair in the Division of the Social Sciences, UCLA

Link: Radical Reparations: Healing the Soul of a Nation by Marcus Hunter

Link: The Case for Reparations by Ta-Nehisi Coates

Link: 40 Acres and a Mule

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Broken Law: About the law, who it serves, and who it doesn’t.
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enFebruary 20, 2024

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.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program

Guest: Alexander Keyssar, Harvard Kennedy School

Link: Why Do We Still Have the Electoral College? by Alexander Keyssar

Link: Why the Electoral College is Bad for America by George C. Edwards III

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Broken Law: About the law, who it serves, and who it doesn’t.
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enFebruary 06, 2024

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.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic Justice

Guest: Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law

Link: SCOTUS Oral Argument in Relentless, Inc. v. Department of Commerce

Link: SCOTUS Oral Argument in Loper Bright Enterprises, Inc. v. Raimondo

Link: Yale Journal of Regulation

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Email the Show: Podcast@ACSLaw.org

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJanuary 23, 2024

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.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy

Guest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice

Link: Oral Argument in Campos-Chaves v. Garland

Link: Oral Argument in Wilkinson v. Garland

Link: "Beyond Crisis Narratives," by Monika Y. Langarica

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJanuary 16, 2024

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 70 judges in 12 months.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy

Guest: Lindsay Langholz, ACS Sr Director of Policy and Program

Guest: Russ Feingold, ACS President

Link: "To Do List for 2024: 70 Judges in 12 Months" by Russ Feingold

Link: "Red Courts, Blue Courts," by Mark A. Lemley

Link: "Supreme Court to Hear Momentous Case on Whether Trump Can Hold Office," by Adam Liptak

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJanuary 09, 2024

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.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy

Guest: Lindsay Langholz, ACS Sr Director of Policy and Program

Link: "Court won’t expedite ruling on Trump’s immunity claim," by Robert Barnes

Link: Master Calendar of Trump Court Dates: Criminal and Civil Cases, by Just Security

Link: "Court to weigh in on scope of law used in Jan. 6 prosecutions," by Amy Howe

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJanuary 02, 2024

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.

Join the Progressive Legal Movement Today: ACSLaw.org

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 Attorney, Office of the Harris County Attorney

Link: Support ACS

Link: "Wisconsin leader pivots, says impeachment of state Supreme Court justice over redistricting unlikely," by Scott Bauer

Link: Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration Law

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Broken Law: About the law, who it serves, and who it doesn’t.
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enDecember 26, 2023

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.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice

Guest: 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 Barco

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Broken Law: About the law, who it serves, and who it doesn’t.
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enDecember 19, 2023

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.

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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enDecember 12, 2023

Episode 133: Taking Up Section 3 of the 14th Amendment

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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enDecember 05, 2023

Optional Ethics

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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enNovember 28, 2023

Episode 131: How to Advance Workplace DEI Post SFFA

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"

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Broken Law: About the law, who it serves, and who it doesn’t.
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enNovember 21, 2023

Episode 130: SCOTUS Confronts a Mess of Its Own Making

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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enNovember 14, 2023

Episode 129: One Year Out from Election Day 2024

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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enNovember 07, 2023

Episode 128: How Campaign Funding Affects Judicial Decision Making

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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enOctober 31, 2023

Episode 127: The Persecution of a State Supreme Court Justice

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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enOctober 24, 2023

Episode 126: Why We Should All Be Space Lawyers

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

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Broken Law: About the law, who it serves, and who it doesn’t.
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Production House: Flint Stone Media

enOctober 17, 2023

Episode 125: The Psychological Torture of the Death Penalty

In honor of World Day Against the Death Penalty (October 10), Christopher Wright Durocher speaks with Professor John Bessler about why the death penalty should be considered an act of torture. They discuss how the death penalty is classified under international human rights law and how the U.S. Supreme Court consistently gets death penalty cases wrong by ignoring the psychological torture involved.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program

Guest: John Bessler, Professor of Law, University of Baltimore School of Law

Link: "The Death Penalty's Denial of Fundamental Human Rights," by John Bessler

Link: "A Torturous Practice," by John Bessler

Link: "Taking Psychological Torture Seriously," by John Bessler

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Broken Law: About the law, who it serves, and who it doesn’t.
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Production House: Flint Stone Media

enOctober 10, 2023

Episode 124: Previewing the New SCOTUS Term

With the Supreme Court's new term underway as of October 2, the ACS team sat down to discuss the biggest trends and cases on the Court's docket. Is the term going to bring all bad news or might there be reason for (cautious and select) optimism? The team weighs in.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy

Guest: Lindsay Langholz, ACS Sr Director of Policy and Program

Guest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice

Guest: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice

Link: ACS Supreme Court Preview Program

Link: "Landmark Texas, Florida social media cases added to Supreme Court term," by Ann E. Marimow and Cat Zakrzewski

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