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 123: Are Our Elections Ready for AI?

AI is becoming increasingly widespread and that includes in the electoral space. Elizabeth Binczik speaks this week with Lisa Gilbert (Public Citizen) about the threat of AI to our elections, from deepfakes to "astroturfing," and how we can reduce that risk as we look ahead to the 2024 election cycle.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Lisa Gilbert, Executive Vice President, Public Citizen

Link: "Generative Artificial Intelligence: The Impact on Democracy," by Public Citizen

Visit the Podcast Website: Broken Law Podcast

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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enSeptember 26, 2023

Episode 122: Lessons from FDR's Court

This week, Jeanne Hruska speaks with Cliff Sloan about his new book, "The Court at War: FDR, His Justices, and the World They Made." They discuss the enduring impact of key Supreme Court decisions issued during WWII and the lessons that we should be heeding from FDR and his justices in thinking about today's Supreme Court.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Cliff Sloan, Professor, Georgetown Law

Link: "The Court at War," by Cliff Sloan

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

Episode 121: The Strife Over a Single State Supreme Court Seat

Earlier this year, the most expensive judicial race in U.S. history saw Janet Protasiewicz elected to the Wisconsin Supreme Court. On this episode, Jeanne Hruska speaks with Craig Mastantuono about the impact of Justice Protasiewicz's election and Republican legislators' threat of impeaching her. They also discuss the role of judicial selection committees and how listeners can engage on state courts.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Craig Mastantuono, Partner, Mastantuono, Coffee & Thomas

Link: "Why Republicans Could Impeach a Liberal Judge Before She’s Heard a Case," by Reid J. Epstein

Link: "Liberal judge’s Wisconsin supreme court race win shows a shake-up in US politics," by Sam Levine

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

Episode 120: Hot Labor Summer!

This summer, we've seen high profile strikes in Hollywood, an overwhelming vote to ratify the Teamsters' agreement with UPS, and renewed energy in the labor movement. On this episode, Elizabeth Binczik speaks with Professor Diana Reddy about what is behind this "hot labor summer" and whether the promising trends are here to stay.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Diana Reddy, Professor of Law, UC Berkeley

Link: "After the Law of Apolitical Economy: Reclaiming the Normative Stakes of Labor Unions," by Diana Reddy

Link: “There Is No Such Thing as an Illegal Strike: Reconceptualizing the Strike in Law and Political Economy," by Diana Reddy:

Link: On Labor

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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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enSeptember 05, 2023

Episode 119: Can the Law Keep Up with Climate Science?

This summer has seen no shortage of extreme weather events, bringing more attention to climate change. For the legal community, it's highlighted the question, can the law keep up with climate science? Elizabeth Binczik speaks with Michael Burger about climate change litigation and how courts are handling this growing field. They discuss the recent victory by youth litigants in a climate case against the state of Montana.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Michael Burger, Executive Director, Sabin Center for Climate Change Law

Link: Global Climate Litigation Report: 2023 Status Review

Link: Sabin Center's Climate Change Litigation Databases

Link: "Montana Lawsuit Confronts States’ Responsibility for Climate Change," by Michael Burger

Link: "The Law and Science of Climate Change Attribution," by Michael Burger, Jessica Wentz, Radley Horton

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Broken Law: About the law, who it serves, and who it doesn’t.
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enAugust 29, 2023

Episode 118: When Does Criticism Become Witness Tampering?

With former President Trump now facing four indictments, Jeanne Hruska catches up with Barbara McQuade about some of the issues arising from the legal proceedings. Specifically, they delve into concerns that Trump's commentary about the cases could cross over into witness tampering or tainting the jury pool. What tools do the judges overseeing the different proceedings have to respond and how does Trump being a presidential candidate impact the analysis?

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Barbara McQuade, Professor, University of Michigan Law School

Link: "Trump’s habitual line-stepping on witness tampering" by Aaron Blake

Link: ACS Condemns Threats and Verbal Attacks Against Judge Chutkan and Fulton County Grand Jury Members

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Broken Law: About the law, who it serves, and who it doesn’t.
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enAugust 22, 2023

Episode 117: Where Is the Free Speech Breaking Point?

In the wake of his second federal indictment, former President Donald Trump and his legal team are claiming the First Amendment protects against charges of fraud, conspiracy to violate civil rights, obstruction of an official proceeding and conspiracy to do so. Lindsay Langholz speaks with Nora Benavidez about this claim and the broader issue of how social media is impacting our elections and our democracy.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Nora Benavidez, Senior Counsel/Director, Digital Justice & Civil Rights, Free Press

Link: Pen America Media Literacy Toolkit

Link: Poynter Media Wise

Visit the Podcast Website: Broken Law Podcast

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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enAugust 15, 2023

Episode 116: Watch These Spaces

Today is a double feature! Jeanne Hruska speaks first with Lindsay Langholz about an unusual August election in Ohio and why the cynical ploy could be decisive for abortion rights in the state. Jeanne then speaks with Russ Feingold about President Biden falling behind his predecessor’s pace in judicial confirmations and the implications going forward.

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: "An Attempt to Disempower Ohio Voters," by Russ Feingold and Lee Fisher

Link: Text of OH Ballot Initiative on Abortion Rights

Link: "President Biden Has Fallen Behind His Predecessor on Judicial Confirmations," by Zachary Gima

Visit the Podcast Website: Broken Law Podcast

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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enAugust 08, 2023

Episode 115: They Are Practicing Rewriting the Constitution

If you were planning to rewrite the U.S. Constitution, it would only make sense to practice. On this week's episode, Jeanne Hruska speaks with ACS President Russ Feingold about how a far-Right organization is doing just that, convening their third-known practice session on how to drastically rewrite the Constitution. They discuss the danger of this pursuit and why more people need to pay attention.

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: "Warning: A 'Convention of States' Is Practicing to Rewrite the Constitution," by Russ Feingold

Link: "The Constitution in Jeopardy," by Russ Feingold and Peter Prindiville

Link: Article V of the U.S. Constitution

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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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enAugust 01, 2023

Episode 114: Are You Being Surveilled at Work?

Building off episode 101, about the rise of AI chatbots, we delve into the rise of AI-powered worker surveillance on this episode. Jeanne Hruska speaks with Dr. Ifeoma Ajunwa about the use of automated hiring processes, the risk of automated discrimination, and surveillance in the workplace. Should employers have to disclose surveillance programs? Can workers refuse to be surveilled - and stay employed?

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Dr. Ifeoma Ajunwa, AI. Humanity Professor of Law, Emory Law

Link: The Quantified Worker, by Ifeoma Ajunwa

Link: "Limitless Worker Surveillance," by Ifeoma Ajunwa, Kate Crawford, and Jason Schultz

Link: ACS Book Club Summer Reading List

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJuly 25, 2023

Episode 113: Packed, Partisan, and Supremely Powerful

With the U.S. Supreme Court now on summer holiday, Jeanne Hruska catches up with Elie Mystal about his new podcast, the politics and urgency of Supreme Court reform, and his concluding thoughts on the packed Court's recent term.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Elie Mystal, Justice Correspondent, The Nation

Link: Contempt of Court Podcast

Link: "The Supreme Court Has Kicked the Door Wide Open to Jim Crow–Style Bigotry," by Elie Mystal

Link: "The Most Baffling Argument a Supreme Court Justice Has Ever Made," by Adam Serwer

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJuly 18, 2023

Episode 112: SCOTUS Greenlights Discrimination

On the last day of Pride Month, the U.S. Supreme Court opened the door for businesses to discriminate against LGBTQ+ folks. Christopher Wright Durocher speaks with Professor Elizabeth Sepper about 303 Creative v. Elenis, the impact of the decision for LGBTQ+ rights, and what it could mean for non-discrimination protections more broadly.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Elizabeth Sepper, Professor of Law, UT Austin School of Law

Link: SCOTUS decision in 303 Creative v. Elenis

Link: "With its 303 Creative decision, the Supreme Court opens the door to discrimination," by Elizabeth Sepper

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJuly 11, 2023

Episode 111: What Comes After Affirmative Action?

The U.S. Supreme Court's conservative supermajority has banned affirmative action in higher education. On this BONUS episode, Taonga Leslie speaks with Bethany Li, Brianna McBride, and David Lewis, leaders in the battle to expand access to opportunity in higher education. They discuss the recent SCOTUS decisions and delve into what comes next and how we maintain hope in the fight for a more equitable future.

Join the Progressive Legal Movement Today: ACSLaw.org

Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice

Guest: Bethany Li, Legal Director, AALDEF

Guest: Brianna McBride, Community Builder

Guest: David Lewis, Co-Lead, Affirmative Action Coalition

Link: SCOTUS decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, and Students for Fair Admissions, Inc. v. University of North Carolina

Link: "Being race-conscious is a necessary and effective tool to address racism and discrimination — including for Asian Americans," by Bethany Li

Link: "Texas Students for DEI create petition in support of inclusive policies in higher education," by Ireland Blouin

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJuly 06, 2023

Episode 110: SCOTUS Keeps the Innocent Incarcerated

We cover a buffet of Supreme Court cases on this episode. Christopher Wright Durocher speaks with Professor Alexis J. Hoag-Fordjour about an array of criminal legal cases decided this term and the Court's persistent indifference to potential innocence. He later speaks with Lindsay Langholz about the Court's decision in Moore v. Harper, regarding the so-called independent state legislature theory.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Alexis J. Hoag-Fordjour, Assistant Professor of Law and Co-Director of the Center for Criminal Justice, Brooklyn Law School

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

Link: SCOTUS decision in Jones v. Hendrix

Link: SCOTUS decision in Cruz v. Arizona

Link: "After 29 Years on Death Row, Barry Jones Was Dumped at a Bus Station. But He Was Finally Free," by Lilana Segura

Link: SCOTUS decision in Moore v. Harper

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJuly 04, 2023

Episode 109: A Win for Tribal Sovereignty

This week, Lindsay Langholz speaks with Professor Wenona T. Singel to debrief the Supreme Court's decision in Haaland v. Brackeen about the constitutionality of the Indian Child Welfare Act (ICWA), long considered the "gold standard" of child welfare policies. The episode delves into the statute's history, the details of the case, and the sweeping impact of the Supreme Court upholding ICWA, for now.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Wenona T. Singel, Director, Indigenous Law & Policy Center at Michigan State College of Law

Link: "Lawyering the Indian Child Welfare Act," by Wenona T. Singel and Matthew L.M. Fletcher"

Link: National Indian Child Welfare Association

Link: The National Native American Boarding School Healing Coalition

Link: SCOTUS decision in Haaland v. Brackeen

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJune 27, 2023

Episode 108: Part Indictment, Part Voting Rights

Two episodes in one! This week, Jeanne Hruska speaks with Barbara McQuade about the federal indictment and arraignment of former President Trump. Additionally, Lindsay Langholz speaks with Jonathan Diaz to debrief the Supreme Court's decision in Allen v. Milligan and how it relates to Shelby County v. Holder and the status of the Voting Rights Act.

Join the Progressive Legal Movement Today: ACSLaw.org

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

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

Guest: Barbara McQuade, Professor, University of Michigan Law School

Guest: Jonathan Diaz, Director, Voting Advocacy and Partnerships, Campaign Legal Center

Link: "New indictment proves Trump is a triple threat to national security," by Barbara McQuade

Link: "Victory: Supreme Court Rejects Voting Map That Drowns Out Black Voices," by Paul Smith, CLC

Link: SCOTUS decision in Allen v. Milligan

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJune 20, 2023

Episode 107: SCOTUS Strikes a Blow to Workers' Rights

In its recent decision in Glacier Northwest, Inc v. Teamsters, the U.S. Supreme Court favored employers over workers. Elizabeth Binczik speaks with Professor Charlotte Garden about the resulting impact on labor law and whether the decision will deter some unions from exercising the right to strike.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Charlotte Garden, Professor of Law, Minnesota Law

Link: Brief of Amici Curiae Professors Matthew Bodie, Catherine Fisk, and Charlotte Garden et al. in support of respondent

Link: "Glacier Northwest Could Have Been Worse, But it’s Still Bad," by Andrew Strom

Link: ACS Statement about Glacier decision

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJune 13, 2023

Episode 106: SCOTUS Trashes the Clean Water Act

The U.S. Supreme Court struck a devastating blow to the Clean Water Act in its recent decision in Sackett v. EPA. Elizabeth Binczik speaks with Patrice Simms and Sam Sankar from EarthJustice about the nonsensical decision and its potentially catastrophic impact on environmental protection going forward.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Patrice Simms, Vice President of Litigation for Healthy Communities, EarthJustice

Guest: Sam Sankar, Senior Vice President of Programs, EarthJustice

Link: "Supreme Court Catastrophically Undermines Clean Water Protections," by EarthJustice

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Broken Law: About the law, who it serves, and who it doesn’t.
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enJune 06, 2023

Episode 105: TN Rep. Pearson and Our 2023 Mid-Year Review

Recorded live at our 2023 ACS National Convention, Jeanne Hruska speaks first with TN State Rep. Justin J. Pearson about his and Rep. Justin Jones' expulsion from the TN state legislature and how we mobilize to advance the promise of democracy. She then speaks with Donald Sherman (CREW) and Mark Joseph Stern (Slate) about the biggest legal developments thus far in 2023 and what to expect in the second half of the year.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Rep. Justin J. Pearson, Tennessee State Representative, 86th District

Guest: Donald Sherman, Senior Vice President and Chief Counsel, CREW

Guest: Mark Joseph Stern, Senior Writer, Slate

Link: "Mommy, What If I Die When I Go Back to School?" by Rep. Justin J. Pearson

Link: "Justice Thomas must resign," Citizens for Responsibility and Ethics in Washington

Link: "The 5th Circuit Is Furious That the Supreme Court Put It in Timeout," by Mark Joseph Stern

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Broken Law: About the law, who it serves, and who it doesn’t.
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enMay 30, 2023

Episode 104: BONUS EPISODE - Debt Crisis

As our country races towards a financial cliff known as the debt limit, there is growing talk of President Biden invoking the 14th Amendment to defy the debt limit statute and continue to pay our nation's bills. Garrett Epps and Peter Shane join Jeanne Hruska to discuss the 14th Amendment and what could be the least worst option for the country.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Garrett Epps, ACS Board of Directors

Guest: Peter Shane, ACS Board of Directors

Link: "Biden Can Raise the Debt Ceiling Without Congress," by Garrett Epps

Link: "Our National Debt 'Shall Not Be Questioned,' the Constitution Says," by Garrett Epps

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