Passing Judgment

In this episode of Passing Judgment, we explore the latest legal bombshell dropped by the Supreme Court. With an unanimous ruling, the Court determined that states do not have the power to enforce section 3 of the 14th Amendment, which deals with the eligibility of federal candidates. Join us as Jessica dissects the details and disagreements within the Court's opinion and explores its potential impact on future elections and congressional power.

Here are three key takeaways you don't want to miss:

1️⃣ The Supreme Court Ruling: The Colorado Supreme Court's decision was overturned unanimously by the Supreme Court, which held that the state exceeded its authority in determining a federal candidate's eligibility under a specific constitutional amendment.

2️⃣ Implementation and Implications of Section 3: The court's opinion was delivered per curiam, representing the entire bench, with the conservative and liberal justices offering differing perspectives on how Section 3 of the 14th Amendment can be enforced.

3️⃣ Disagreement Between Conservative and Liberal Justices: The ruling highlights the fracture lines within the court, with disagreement on the extent to which Congress can exclude an individual from holding office based on Section 3.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we explore the recent oral arguments in two cases concerning social media, state laws, and the First Amendment. We walk through the complexities of the justices' struggle to establish a legal framework for addressing content moderation by social media platforms, highlighting the unprecedented nature of these issues in the context of constitutional law. Tune in for an informative discussion on the ever-changing landscape of law and the profound impact it has on our lives.

Here are three key takeaways you don't want to miss:

1️⃣  Big Supreme Court News: The Supreme Court's decision to hear the case regarding a former president's immunity from criminal prosecution has significant implications. This case raises critical questions about the constitutionality of immunity for a former president and the potential impact on future legal proceedings.

2️⃣  Cases Involving Internet, First Amendment, and Social Media: The recent oral arguments on state laws attempting to regulate social media platforms' content moderation choices brought to the forefront the absence of a clear constitutional framework and precedents for addressing such modern technological issues. The Justices' struggle to fit these cases within existing legal categories highlights the need for new frameworks to address emerging technology-related legal concerns.

3️⃣  Role of Congress: The lack of national standards from Congress further complicates the situation, leaving the Justices in a dilemma about who should be making decisions regarding the regulation of social media content moderation.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we dive into the high-profile defamation cases filed by journalist E. Jean Carroll against former President Donald Trump. Our guest for today is Erica Orden, a reporter for Politico, who was at the forefront of the courtroom proceedings. Join us as we explore the legal intricacies of the case, the jury's decision, the behavior of the involved parties, and the impact of Trump's presence during the trial.

Here are three key takeaways you don't want to miss:

1️⃣ Trump's Behavior: Trump's conduct in the courtroom likely influenced the jurors' decision in the second trial. It raises questions about his ability to comply with court etiquette and handle upcoming criminal trials where his presence is mandated.

2️⃣ Judge Kaplan's Firm Hand: Judge Kaplan's strict demeanor and rules within the courtroom shed light on the tension and emotion present during key testimonies, and provide insights into the judiciary's handling of complex legal battles.

3️⃣ Attorney Roberta Kaplan's Effort: Renowned for her pivotal legal battles, Roberta Kaplan's role in advocating for her client, E. Jean Carroll, demonstrates the significance of a well-prepared and experienced legal team in navigating high-stakes trials.

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On Threads: @LevinsonJessica

In this week's gripping episode of "Passing Judgment," host Jessica Levinson and esteemed guest, Lawrence Hurley of NBC News, unpack the complexities of Trump's request for immunity and the potential consequences for our legal system. Join them as they dive into the mechanics of our judicial system, and the razor's edge upon which current events balance. ⚖️

Here are three key takeaways you don't want to miss:

1️⃣ Supreme Court Decisions: How upcoming Supreme Court rulings could reshape the election landscape and set precedents on presidential immunity.

2️⃣ Separation of Powers: The implications of the DC Circuit's stance against absolute immunity and what it means for the checks and balances of our system.

3️⃣ Legal Uncertainty and Timeline: The potential paths the Trump-related cases might take and the associated uncertainties that could affect the trial and election timelines.

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On Threads: @LevinsonJessica

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On Threads: @LawrenceHurley

In this episode of Passing Judgment, we're delving into the Colorado Supreme Court's recent ruling on whether former president and potential 2024 candidate, Donald Trump, can appear on the state's primary election ballot. We'll break down the legal arguments, the potential implications, and why this decision may land in the hands of the U.S. Supreme Court. Join us as we analyze the constitutional issues at play and examine the political dynamics surrounding this case.

Here are three key takeaways you don't want to miss:

1️⃣ Section 3 of the 14th Amendment: The Colorado State Supreme Court relied on this little-known section to justify its ruling. This section, which was implemented after the Civil War, aims to prevent individuals who engaged in an insurrection or provided aid or comfort to insurrectionists from serving in federal office.

2️⃣ An Uncertain Future: The case presents a complex legal and political dilemma, raising questions about the role of the Supreme Court in determining the eligibility of presidential candidates.

3️⃣ The Supreme Court Conundrum: The episode delves into the possible paths the Supreme Court could take, the political pressure at play, and the potential ramifications of the Court's decision.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, Jessica Levinson dives into a thought-provoking discussion with guest, novelist and essayist, Stephen Marche. Together, they dissect the corrosive impact of money in American politics, the flaws in the electoral college system, and the urgent need for profound electoral reforms.

Here are 3 key takeaways from the episode:

1️⃣ Money in Politics: The conversation delves into the damaging effects of unlimited corporate spending in elections, the influence of dark money mechanisms, and how fundraising can shape politicians' priorities and actions.

2️⃣ Flaws in the Electoral College System: We discuss the significant flaws in the electoral college system and express concern about its potential collapse, leading to an illegitimate government.

3️⃣ Necessity for Electoral Reforms: From the limitation of campaign spending and donations to open primaries, it's clear that significant changes are needed to address corruption, ensure the legitimacy of the political system, and empower a more representative democracy.

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On X formerly known as Twitter: @StephenMarche

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On X formerly known as Twitter: @LevinsonJessica

In this episode of Passing Judgment, we discuss the upcoming presidential election with Professor Michael Genovese, President of the Global Policy Institute at Loyola Marymount University. Join us as we delve into the complexities of presidential politics, and examine the impact of media sensationalism, the challenges of giving up power, and the qualities critical for a great president.

Here are three key takeaways you don't want to miss:

1️⃣ The Impact of Political Spectacle: The political landscape has become dominated by spectacle, with the media and public more focused on personalities and entertainment rather than policy.

2️⃣ Leadership Qualities: Drawing from historical perspectives on leadership, such as George Washington and Abraham Lincoln, the conversation underscores the significance of leaders prioritizing the welfare of the people and the country over personal ego.

3️⃣ Presidential Elections and Political Dynamics: The episode delves into the dynamics of presidential elections and the influence of political tribalism; touching on scenarios where leaders may resist relinquishing power and the role of the media and public in shaping political narratives.

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On Threads: @LevinsonJessica

In this week's episode of Passing Judgment, host Jessica Levinson delves into the aftermath of the recent Supreme Court decision in the Dobbs case, and the upcoming landmark abortion rights case in April. Join us as we discuss the current state of abortion rights, the legal landscape, and the upcoming significant Supreme Court cases that are poised to shape the future of reproductive healthcare in the United States.

Here are three key takeaways you don't want to miss:

1️⃣ The fallout from the Dobbs decision: The Supreme Court's decision to overturn Roe v Wade and the upcoming case dealing with abortion rights demonstrates a fundamental question about pregnant women's entitlement to full protection under the law.

2️⃣ Legal battle over pregnant women's access to abortions: The Supreme Court will address the conflict between a federal law entitling all people to emergency medical care and state laws in Idaho and Texas that severely restrict abortions, leaving pregnant women with limited options for care.

3️⃣ Impact of judicial appointments on abortion laws: The new makeup of the federal judiciary, particularly lower court judges appointed by President Trump, has had significant effects on abortion rights, leading to near outright bans on abortions in some states.

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On Threads: @LevinsonJessica

In this week's episode of the Passing Judgment podcast, host Jessica Levinson engages in a compelling discussion with guest Dean Baker, co-founder of the Center for Economic and Policy Research, on the state of the economy and associated governance challenges. Join us as we cover a range of crucial economic issues, shedding light on several key takeaways for you listeners.

Here are three key takeaways you don't want to miss:

1️⃣ Economic Perception vs. Reality: Despite public perception of a negative economy, the data tells a different story. With low unemployment rates, high workplace satisfaction, and real wage gains, the economy is showing positive signs.

2️⃣ The Influence of Pessimism on Economic Behavior: While people may feel negatively about the economy, high levels of consumer spending, particularly on non-essential items, suggest that behavior does not always align with perception.

3️⃣ The Tension Between Expertise and Politics: Issues like combatting global warming, altering prescription drug research financing, implementing a financial transactions tax, and addressing CEO pay are key priorities, but there are structural government challenges hindering progress.

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On X formerly known as Twitter: @DeanBaker13

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we explore the legal question of whether former President Trump is immune from criminal prosecution for actions taken while in office. With two federal cases pending against Trump, one involving election interference, the stakes are high! Tune in as we navigate the legal landscape surrounding this case and explore the implications of presidential immunity on criminal prosecution.

Here are three key takeaways you don't want to miss:

1️⃣ Presidential immunity shields the president from civil suits for official actions. This doctrine aims to allow presidents to function without fear of frivolous suits and to protect sensitive discussions involving national security.

2️⃣ The Supreme Court has not definitively ruled on whether a president can be criminally prosecuted for acts taken while in office, but guidance from past cases gives us insight into this complex legal issue.

3️⃣ The recent ruling by district court judge Chutkan states that there is no presidential immunity in Trump's case, as his alleged attempts to interfere with the election were considered nonofficial acts. The case now awaits a decision from the DC Circuit Court.

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On Threads: @LevinsonJessica

In our latest episode of Passing Judgment, host Jessica Levinson breaks down the recent decision by the Colorado Supreme Court regarding the eligibility of former President Donald Trump to appear on the state's 2024 primary election ballot. She delves into the reasons behind her belief that the verdict might be overturned and discusses why she thinks the case will ultimately end up at the US Supreme Court.

Here are three key takeaways you don't want to miss:

1️⃣ Colorado Supreme Court's Decision: The court relied on section 3 of the 14th Amendment to conclude that Donald Trump is constitutionally barred from appearing on the state's 2024 primary election ballot.

2️⃣ Implications for the US Supreme Court: This case is likely to head to the US Supreme Court for resolution, and the decision could have significant political implications.

3️⃣ Potential Outcome: While the host believes that the US Supreme Court will overturn the Colorado decision, the case presents complex legal and political considerations that will require careful navigation.

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On Threads: @LevinsonJessica

Join us in a thought provoking conversation about the Republican Party's transformation and the potential impacts of court decisions on elections and politics. We're joined by Dr. Norm Ornstein; senior fellow emeritus at the American Enterprise Institute, as he provides eye-opening insights offering a perspective on the potential emergence of a figure with Trump-like views in the party's future.

Here are three key takeaways you don't want to miss:

1️⃣ The Republican Party's journey from a traditional problem-solving entity to a more right-leaning stance, influenced by historical struggles with authoritarians and tribalism, presents significant implications for the country's political trajectory.

2️⃣ Thought-provoking discussions on the influence of money in politics, ethical concerns within the court system, and the impact of individual decisions on significant outcomes, such as Supreme Court decisions.

3️⃣ The potential scenarios for the next 4 years in the U.S., including the implications of potential executive appointments, structural problems in the Senate, and concerns about the electoral college's impact on the legitimacy of elections.

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On Threads: @NormOrnstein

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On Threads: @LevinsonJessica

Want to know more about the intersection of AI and the law? Check out this week's episode of Passing Judgment podcast with Congressman Ted Lieu. He shares his expertise on the benefits and potential detriments of AI and discusses its implications for healthcare, national security, and the upcoming election season.

Here are 3 key takeaways from the episode:

1️⃣ Protecting ourselves from deepfake technology: Congressman Lieu highlights the proliferation of deepfake videos and audios. He emphasized the importance of skepticism, industry-led initiatives for content authority, and legislation for disclosure of social media ads to mitigate the impact of deepfakes on public perception.

2️⃣ Ensuring equitable AI outcomes: We delved into the potential biases in AI algorithms and how the government and private sector can work together to promote diversity, equity, and inclusion initiatives in AI programs. Congressman Lieu emphasized the importance of auditing, validation, testing, and leveraging existing legal frameworks for addressing discriminatory AI practices, particularly in hiring decisions.

3️⃣ Regulating AI: Congressman Lieu provided insights into the regulatory approach to AI, emphasizing the need for careful scrutiny of AI applications in critical sectors such as transportation and employment, along with the importance of mitigating discriminatory biases in AI programs.

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On X formerly known as Twitter: @TedLieu

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On X formerly known as Twitter: @LevinsonJessica

In our latest episode of Passing Judgment, we had the pleasure of hosting Juliette Kayyem, a prominent figure in the fields of homeland security and crisis management. With an extensive background, Juliette brought a wealth of insights about current world events with a focus on the situation in Israel and the implications for disaster management and preparedness.

Here are 3 key takeaways from the episode:

1️⃣ Family Unification: In a crisis, prioritize locating your loved ones and ensuring their safety. Educate your children on what to do in an emergency to prepare them for unexpected situations.

2️⃣ Situational Awareness: Stay informed about real-time developments through various sources, such as apps and social media. Being aware of what's happening around you can help you make informed decisions during a crisis.

3️⃣ Personal Preparedness: Take steps to ensure you have the necessary provisions, such as water, food, and medications, to sustain yourself and your family for up to 72 hours. Being self-sufficient in the immediate aftermath of a disaster can bring peace of mind and reduce the strain on public safety resources.

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On X formerly known as Twitter: @JulietteKayyem

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On X formerly known as Twitter: @LevinsonJessica

This week's episode of the Passing Judgment podcast we have a riveting discussion with special guest Hugo Lowell, a prominent political investigations reporter for The Guardian. As he joins our host, Jessica Levinson, together they tackle the intriguing and complex case surrounding former President Donald Trump 🤔.

Here are 3 key takeaways from the episode:

1️⃣ Judge Eileen Cannon's relationship with prosecutors and deference to the Trump team has raised eyebrows. Her insistence on classified discovery being produced in a skiff in the district where the case is brought and her concerns about potential collisions of criminal cases involving Trump have been questioned. Will the special counsel team challenge her actions?

2️⃣ Trump's legal team seems to be banking on delaying the trials past the 2024 election to avoid criminal liability. The introduction of classified information and the unconventional application of the Classified Information Procedures Act (CEPA) by Judge Cannon are contributing factors.

3️⃣ A separate federal case involving election interference on January 6th highlights a judge with little patience for delay tactics. The obstruction case using the 15/12 statute is strong, and prosecutors do not necessarily have to prove that Trump knew he had lost the election to make their case. Will this federal case have an impact on the overall legal battle?

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On X formerly known as Twitter: @HugoLowell

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On X formerly known as Twitter: @LevinsonJessica

This week's episode of the Passing Judgment podcast, host Jessica Levinson, breaks down the significance of the Supreme Court's code of ethics. While it may come as a surprise to some, this is actually the first time in our nation's history that such a code has been implemented for Supreme Court justices. And while the introduction of the code is a step in the right direction, it is important to note that it lacks an enforcement mechanism🧑‍⚖️.

Here are 3 key takeaways from the episode:

1️⃣ Code of Ethics: The Supreme Court has adopted a code of ethics for the first time in the nation's history. This code emphasizes the importance of fairness, impartiality, and the proper administration of justice.

2️⃣ Lack of Enforcement: While this code of conduct is a step in the right direction, it is notable that there is no enforcement mechanism in place. This limits its effectiveness in ensuring accountability for ethical violations.

3️⃣ Public Pressure Matters: The adoption of the code of ethics is believed to be a response to ongoing criticism and ethics scandals involving Supreme Court justices. It highlights the significance of public scrutiny and the impact it can have on our judiciary.

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On X formerly known as Twitter: @LevinsonJessica

In the latest episode of the Passing Judgment podcast our host, Jessica Levinson delves into a significant Supreme Court case involving gun control. The case, US versus Rahimi, has sparked discussions about the court's position on gun control measures and their constitutionality. Tune in to gain insights into the legal intricacies of this case and the potential implications for future gun control regulations.

Here are three key takeaways from the episode:

1️⃣ The Supreme Court is reevaluating a 2022 landmark decision regarding the constitutionality of gun control measures, indicating potential shifts in the conservative stance.

2️⃣ The case in question, "US versus Rahimi," involves the constitutionality of a law prohibiting individuals under domestic violence restraining orders from possessing guns. This raises complex questions about historical tradition and the Second Amendment.

3️⃣ Justice Sonia Sotomayor's powerful statement highlights the critical role of gun control measures in protecting individuals, especially in cases of domestic violence.

Explore the MSNBC column authored by our host and Loyola Law School professor, Jessica Levinson, for a comprehensive overview of the Supreme Court and its ruling🗣!

https://www.msnbc.com/opinion/msnbc-opinion/supreme-court-gun-control-ruling-rahimi-rcna124289

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On X formerly known as Twitter: @LevinsonJessica

In today's episode of the Passing Judgment podcast, we explore the intricacies of the legal realm and examine the most recent developments in the ongoing civil case against the former president. Our guest is Elie Honig, a CNN senior analyst and the bestselling author of 'Hatchet Man.' Together, we delve into the allegations of fraud, witness tampering, and their potential implications for our justice system. From analyzing the judge's ruling to questioning the validity of guilty pleas, this episode leaves no stone unturned. We also delve into the power dynamics, legal strategies, and potential solutions within this captivating case, which could have significant, far-reaching consequences.

Here are three key takeaways from the episode:

1️⃣ The judge's summary judgment ruling in favor of the attorney general has raised concerns about bias and prematurely determining the case's outcome without considering genuine disputes of material facts.

2️⃣ Gag orders can limit speech and expression, but they are important tools to ensure a fair trial. Maybe it's time to rebrand them to be less restrictive while maintaining their purpose.

3️⃣ Powerful individuals often pay for co-defendants' legal representation, making it harder for them to cooperate with authorities. These dynamics can complicate prosecutions, highlighting the need for DOJ policies that discourage such practices.

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On X formerly known as Twitter: @ElieHonig

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On X formerly known as Twitter: @LevinsonJessica

In today's episode of the Passing Judgment podcast, host Jessica Levinson discusses the recent lawsuits filed by over 3 dozen states against Meta for allegedly promoting addictive behavior and pushing harmful content to minors.

Here are three key takeaways from the episode:

1️⃣ Congress's inaction has led to a dangerous vacuum when it comes to protecting children and teens on social media. The absence of federal legislation has prompted states to sue Meta, seeking to hold them accountable for their alleged violations of privacy and consumer protection laws.

2️⃣ Evidence shows a strong link between time spent on social media and increased depression, anxiety, and self-esteem issues among kids and teens. Cyberbullying and exposure to harmful content have even been linked to the death of minors. It's crucial that we address these issues and prioritize the mental health of our younger generations.

3️⃣ While Meta has made some reforms and safety improvements, more needs to be done. Content moderation, algorithm changes, and increased privacy protections are essential to mitigate the harm faced by minors. Without federal legislation, lawsuits filed by the states may serve as a means to push for change in the absence of proactive action.

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On X formerly known as Twitter: @LevinsonJessica

Today, we have an exciting new episode of the Passing Judgment podcast where we're joined by Dahlia Lithwick, senior legal correspondent at Slate and author of the book "Lady Justice". In this episode, we explore a range of intriguing topics, from the court's centrist decisions and its challenges to regulatory agencies, to the crucial cases that will shape the future of the First Amendment and technology. And don't miss out on our exploration of Georgia legends Sally Yates and Stacey Abrams, their divergent paths in the legal system, and the disparities in access that still persist today.

Here are three key takeaways from the episode:

1️⃣ The episode highlights the impactful work of Stacey Abrams, who fought against voter suppression and created a successful model for other states. This is a reminder that grassroots efforts are integral in shaping our democracy.

2️⃣ We explore the incredible legacy of Pauli Murray, a constitutional hero who played a pivotal role in shaping the thinking about the 14th Amendment. Murray's contribution often goes unrecognized, underscoring the importance of acknowledging the work of unrecognized individuals who fight tirelessly for equality and justice. It's a reminder that progress is driven by nameless heroes.

3️⃣ We discussed the impact of prominent lawyers like Roberta Kaplan, whose high-profile lawsuits have brought about significant legal victories.

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On X formerly known as Twitter: @DahliaLithwick.

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On X formerly known as Twitter: @LevinsonJessica