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 83: The Jan. 6th Select Committee Is Done. Now What?

The January 6^th Select Committee held its last public hearing, released its final report, and officially wrapped up its investigation in December. What should we make of the 800-page report, the Committee's criminal referrals, and the pages and pages of transcripts from the Committee’s interviews? Jeanne Hruska speaks with Joyce Vance about the Committee's imapct and what we should expect from here.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Joyce Vance, Distinguished Professor of the Practice of Law, the University of Alabama Law School

Link: Final Report of the January 6th Select Committee

Link: "Trump’s obstruction of justice criminal referral matters. And prosecutors know it," by Joyce Vance

Link: "White House to Jim Jordan, James Comer: Sorry, but you have to restart your oversight requests," by Heidi Przybyla

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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 03, 2023

Episode 82: Dobbs and Judges, Summing Up 2022

So much happened this year that it can be hard to recall it all and even harder to make sense of it all. Thankfully, our two guests do that for us on this week's episode. Jeanne Hruska speaks with Professor Khiara M. Bridges and Sr Politics Reporter Jennifer Bendery about the biggest takeaways from 2022 and what to expect in 2023.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Khiara M. Bridges, Professor, UC Berkeley School of Law

Guest: Jennifer Bendery, Senior politics reporter, HuffPost

Link: Video of Senate Judiciary Committee hearing, "A Post-Roe America"

Link: "Inside Chuck Schumer's Long Game On Judges," by Jennifer Bendery

Link: ‘"I Bawled’: A Congresswoman’s 18-Month Fight For A Neglected Tribal School Just Paid Off," by Jennifer Bendery

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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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enDecember 27, 2022

Episode 81: Pitting the First Amendment Against LGBTQ+ Rights

The Supreme Court recently heard oral argument in 303 Creative LLC v. Elenis, a case billed as the sequel to the 2018 case Masterpiece Cakeshop. Both cases involve businesses wanting to discriminate against LGBTQ+ couples in defiance of Colorado’s Anti-Discrimination law. On this episode, Christopher Wright Durocher speaks with Professor Kent Greenfield about the oral argument in 303 Creative and the nefarious effort to use the First Amendment to justify discrimination.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Kent Greenfield, Professor and Dean's Distinguished Scholar at Boston College Law School

Link: Supreme Court oral argument in 303 Creative LLC v. Elenis

Link: Brief of Professor Kent Greenfield as Amicus Curiae in support of neither party

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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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enDecember 20, 2022

Episode 80: A Radical Legal Fiction

Recently, the Supreme Court heard oral arguments in a case that is equal parts baffling and dangerous: Moore v. Harper. On paper, it is about partisan gerrymandering. In reality, it's about a radical legal fiction that could upend constitutional law as we know it. Lindsay Langholz speaks with Allison Riggs from the Southern Coalition for Southern Justice, a member of the legal team representing the non-state respondents in Moore, about the case and this radical legal fiction known as the independent state legislative theory.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Allison Riggs, Co-Executive Director, Chief Counsel for Southern Coalition for Social Justice

Link: SCOTUS oral argument in Moore v. Harper

Link: MooreHarper.org

Link: Annotated Guide to the Amicus Briefs in Moore v. Harper, Brennan Center

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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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enDecember 13, 2022

Episode 79: What the Crypto?

Recent weeks witnessed the complete collapse of FTX, a cryptocurrency exchange. Treasury Secretary Janet Yellen referred to FTX’s downfall as a “Lehman moment” for cryptocurrency, referring to Lehman Brothers' collapse in the 2008 financial crisis. On this episode, Jeanne Hruska speaks with Professor Yesha Yadav of Vanderbilt University and Aaron Klein of the Brookings Institution to discuss this “Lehman moment,” its consequences for crypto more broadly, and whether FTX's downfall could push crypto-specific regulations across the finish line.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Yesha Yadav, Professor of Law, Vanderbilt University Law School

Guest: Aaron Klein, Senior Fellow, Brookings Institution

Link: "Don’t Let FTX Executives Off the Hook Like Bankers in 2008," by Aaron Klein

Link: "It's Time to Regulate Crypto," The Weeds Podcast

Link: Transcript of Sam Bankman-Fried’s Interview at the NYT DealBook Summit

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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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enDecember 06, 2022

Episode 78: Election Debrief, Part II

Today’s episode picks up where we left off last week, with Part II of our election debrief. First, Lindsay Langholz and Jeanne Hruska take a look at the ballot measures that voters weighed in on in 2022 and the potential for future progressive wins using this powerful tool. Second, Lindsay speaks with Marcia Johnson-Blanco and Anna Chu on election protection efforts. Given the wave of voter suppression laws passed in 2021 and 2022, election protection experts had their work cut out for them, and we hear how it went.

Join the Progressive Legal Movement Today: ACSLaw.org

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

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

Guest: Marcia Johnson-Blanco, Co-Director, Lawyers’ Committee’s Voting Rights Project

Guest: Anna Chu, Executive Director of We the Action

Link: "What wins for Medicaid and the minimum wage mean for the future of ballot initiatives," by Dylan Scott

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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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enNovember 29, 2022

Episode 77: Post Election Debrief, Part I

Now that Election Day has come and gone, we are going to take a look at what worked, what didn’t, and what to keep an eye on looking ahead to 2023 and 2024. There is so much to debrief that we will be covering this in two episodes. On Part I of our debrief, Lindsay Langholz speaks with Jessica Huseman about democracy being on the ballot and to debrief on how our election infrastructure and administrators came through the midterms.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Jessica Huseman, Editorial Director Votebeat

Link: "Ultimately, things were fine on Election Day. Here’s what we’re watching now," by Jessica Huseman

Link: "How this Texas election official keeps the peace with right-wing voting activists," by Natalia Contreras

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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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enNovember 22, 2022

Episode 76: SCOTUS Threatens Much of Indian Law

The Indian Child Welfare Act (ICWA) has been a successful federal law since it was enacted in 1978 and is considered by many experts to be the gold standard of child welfare practices. And yet, decades later, a federal court ruled ICWA unconstitutional in a widely criticized 2021 decision. The case, Brackeen v. Haaland, is now before the Supreme Court, which could with its decision rewrite much of Indian Law as we know it. Lindsay Langholz is joined by Professor Matthew Fletcher to debrief the oral arguments in the case and discuss the implications of potential outcomes.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Matthew Fletcher, Harry Burns Hutchins Collegiate Professor of Law, Michigan Law

Link: Brief of Indian Law Professors as Amici Curiae in Support of Federal and Tribal Defendants

Link: SCOTUS oral argument in Haaland v. Brackeen

Link: "The Story of Baby O—and the Case That Could Gut Native Sovereignty," by Rebecca Nagle

Link: This Land podcast, hosted by Rebecca Nagle

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Email the Show: Podcast@ACSLaw.org

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enNovember 15, 2022

Episode 75: Packed SCOTUS Takes Aim at Race-Conscious Laws, Again

This week, we are going to break down the epic 5+ hour long oral arguments that the Supreme Court heard in two related cases about affirmative action in higher education. It seems, yet again, even well-established precedent is open for re-examination by this packed Court. Lindsay Langholz is joined by Professor Vinay Harpalani to break down the oral arguments and discuss what we should expect when the Court issues its decisions next year.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Vinay Harpalani, Professor of Law, University of New Mexico School of Law

Link: Brief for Legal Scholars Defending Race-Conscious Admissions as Amici Curiae in Support of Respondents

Link: Challenge to Harvard’s use of affirmative action was designed by a conservative to reach a friendly Supreme Court, by Joan Biskupic, CNN

Link: SCOTUS oral argument in Students for Fair Admissions v. University of NC

Link: SCOTUS oral argument in Students for Fair Admissions v. President and Fellows of Harvard

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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enNovember 08, 2022

Episode 74: Health Justice after Covid

We are reportedly “post-COVID.” And yet, just recently, the National Assessment of Educational Progress reported steep declines in math and reading scores amongst U.S. fourth and eighth graders, compared to tests taken pre-COVID. This begs the question, what are ignoring or accepting when we claim we are post-COVID. This week, Jeanne Hruska is joined by Yael Cannon, Associate Professor of Law at Georgetown Law, to discuss health equity and justice, how they impact the conversation about being post-Covid, and the pivotal role that lawyers can play in achieving them.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Yael Cannon, Associate Professor of Law, Georgetown Law

Link: "Unmet Legal Needs as Health Injustice," by Yael Cannon

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Broken Law: About the law, who it serves, and who it doesn’t.
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enNovember 01, 2022

Episode 73: Dear Voters, Don't Sleep on These Races

While much attention is being paid this election cycle on which party will control Congress come January, there are several down ballot races that will also have profound effects on our fundamental rights and on the legitimacy of our democracy. These include races for State Attorney General, Secretary of State, state court judges, and district attorneys. On this episode, we provide a rapid overview of these races and the topline selling points for why voters should vote their full ballot.

Join the Progressive Legal Movement Today: ACSLaw.org

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

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

Guest: Zack Gima, ACS Vice President of Strategic Engagement

Guest: Valerie Nannery, ACS Senior Director of Policy and Program

Guest: Christopher Wright Durocher, ACS Vice President of Policy and Program

Link: "Your Guide to All 35 States Deciding Their Next Secretary of State," by Bolts Magazine

Link: "Your State-by-State Guide to the 2022 Supreme Court Elections," by Bolts Magazine

Link: "An Office You Cannot Afford to Ignore on Your Ballot," by Valerie Nannery

Link: "The Role(s) of the State Attorney General in a Post-Dobbs Landscape," by Carolyn Shapiro

Link: "Dobbs and Trump Bring Focus to Prosecutorial Discretion," by David Toscano

Visit the Podcast Website: Broken Law Podcast

Email the Show: Podcast@ACSLaw.org

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enOctober 25, 2022

Episode 72: Cutting Through the Noise on Election Law

We are just a few weeks out from Election Day and in several states, voters are already going to the polls. Election laws, including voting rights laws, have undergone significant change in many states since the 2020 election. Lindsay Langholz speaks with Jonathan Diaz from the Campaign Legal Center about the good, the bad, and the alarming when it comes to our electoral system - and what listeners can do to support election security.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Jonathan Diaz, Senior Legal Counsel, Campaign Legal Center

Link: Election Protection Coalition

Link: "The Supreme Court’s Role in Undermining Democracy," by Campaign Legal Center

Link: Latest news and updates from Campaign Legal Center

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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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enOctober 18, 2022

Episode 71: The Voting Rights Act Is on Life Support

On October 4, the U.S. Supreme Court heard oral argument in Merrill v. Milligan, a case about Alabama's racially gerrymandered congressional map. The question looming over this case is whether the Supreme Court will destroy what remains of the Voting Rights Act. Lindsay Langholz speaks with Bradley Heard from the Southern Poverty Law Center about the case, take aways from the oral argument, and what to expect when the Court hands down its decision next year.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Bradley Heard, Deputy Legal Director, SPLC's Voting Rights Practice Group

Link: U.S. Supreme Court oral argument in Merrill v. Milligan

Link: ACS and SPLC Program on Merrill v. Milligan

Link: The Packed Supreme Court Threatens What Remains of the VRA, ACS statement

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Broken Law: About the law, who it serves, and who it doesn’t.
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enOctober 11, 2022

Episode 70: Bracing for the Supreme Court's New Term

The Supreme Court started its new term on October 3rd, and we are bracing for more cases where the Court could ignore precedent and judicial restraint, and eliminate safeguards to our civil rights and to our democracy. We preview several of the cases on the Court's docket and discuss their potential ramifications. These cases cover voting rights and gerrymandering, affirmative action, the death penalty, LGBTQ+ rights, and more.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Christopher Wright Durocher, Vice President of Policy and Program

Guest: Lindsay Langholz, Senior Director of Policy and Program

Link: ACS's National Supreme Court Preview 2022-2023

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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enOctober 04, 2022

Episode 69: An Unjust Bargain

In America, it is a fantasy to believe that people accused of a crime will have their case decided by a jury of their peers. The reality is that most convictions are achieved through plea bargains controlled by prosecutors. Is there a way to unwind this broken system of fast-tracked convictions? Christopher Wright Durocher speaks with Dan Canon, author of the book Pleading Out: How Plea Bargaining Creates a Permanent Criminal Class, about the unjust practice of plea bargaining and how we fix it.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Dan Canon, Author of "Pleading Out"

Link: "Pleading Out" by Dan Canon

Link: "Criminalizing Race: Racial Disparities in Plea-Bargaining," by Carlos Berdejó

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Broken Law: About the law, who it serves, and who it doesn’t.
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enSeptember 27, 2022

Episode 68: The Constitution Is in Jeopardy

On this episode, Jeanne Hruska is joined by the co-authors of the new book, "The Constitution in Jeopardy," Russ Feingold and Peter Prindiville to discuss a dangerous effort by factions of the Right to radically rewrite the U.S. Constitution. Russ and Peter explain why more attention needs to be paid to this effort and why we need a "new kind of Constitutional politics" in this country.

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 and co-author of "The Constitution in Jeopardy"

Guest: Peter Prindiville, Non-Resident Fellow at the Stanford Constitutional Law Center and co-author of "The Constitution in Jeopardy"

Link: The Constitution in Jeopardy

Link: Article V of the Constitution

Link: "A Second Constitutional Convention? Some Republicans Want to Force One," by Carl Hulse, NYT

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enSeptember 20, 2022

Episode 67: Sex, Gender Identity, and the Constitution

On this episode, we discuss sex, gender identity, and the Constitution. That's because we are talking about the Equal Rights Amendment (ERA) and the argument that it is already the 28th Amendment to the Constitution. Lindsay Langholz is joined by Kate Kelly, author of "Ordinary Equality," to discuss the ERA’s long journey, the women and queer activists who kept the project going for so long, and why their work and their fight are still relevant today.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Kate Kelly, Author of Ordinary Equality

Link: Ordinary Equality, by Kate Kelly

Link: Russ Feingold's Letter to Congresswoman Maloney Regarding the ERA

Link: Columbia ERA Project

Link: "State-Level Equal Rights Amendments," by the Brennan Center

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enSeptember 13, 2022

Episode 66: Dear Senate, Please Prioritize Judges

This is a call to action! The U.S. Senate is back in session this month, and inevitably it has competing priorities between now and the end of the year. That's where this episode comes in. Jeanne Hruska speaks with Russ Feingold, President of ACS, and Zack Gima, Vice President of Strategic Engagement at ACS, about why the Senate should prioritize judicial nominations, how it can do that, and how listeners can help ensure it happens.

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

Guest: Zack Gima, ACS Vice President of Strategic Engagement

Link: U.S. Senate switchboard: 202-224-3121.

Link: Senate Judiciary Committee members

Link: Contact ACS about our Path to the Bench Project: PathtotheBench@acslaw.org

Link: ACS's Tracker of Federal Judicial Nominations

Link: Diversity of the Federal Bench

Link: "It’s Time for Democrats to Play Hardball to Thwart Mitch McConnell," by Russ Feingold

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enSeptember 06, 2022

Episode 65: The Intentional Effort to Toxify Public Education

As we head back to school and in honor of Labor Day, Lindsay Langholz speaks this week with Randi Weingarten, President of the American Federation of Teachers, AFL-CIO, about the myriad of new state laws censoring what teachers can say in the classroom, the resurgence of book bans by school districts, and the broader, purposeful effort to toxify public education.

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Randi Weingarten, President, American Federation of Teachers, AFL-CIO

Link: AFT's Take Action Resources

Link: "Who is Behind the Attacks on Educators and Public Schools?" by Edward Graham, NEA

Link: AFT Unveils Report on Teacher and School Staff Shortages

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Broken Law: About the law, who it serves, and who it doesn’t.
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enAugust 30, 2022

Episode 64: Dobbs, Kansas, and Emerging Abortion Trends

It has been nearly two months since the Supreme Court released its decision in Dobbs v. Jackson Women’s Health, overturning Roe v. Wade and throwing the issue of abortion rights to the states. On this episode, Lindsay Langholz speaks with Professor Mary Ziegler about how the aftermath of Dobbs is playing out in the states. What does Kansas say about how abortion might fare in other states and what are the emerging trends as more lawsuits are filed and state courts deliberate over old and new state laws?

Join the Progressive Legal Movement Today: ACSLaw.org

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

Guest: Mary Ziegler, Martin Luther King Jr Professor of Law, UC Davis

Link: "Dollars for Life," by Mary Ziegler

Link: "Anti-Abortion Groups Once Portrayed Women as Victims. That’s Changing." by Mary Ziegler

Link: "Opinion: The coming state-federal showdown over abortion," by Mary Ziegler and Elizabeth Sepper

Link: "No, Justice Alito, Reproductive Justice Is in the Constitution," by Michele Goodwin

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