Broken Law

In this supersized episode, Christopher Wright Durocher joins Lindsay Langholz to discuss what to expect from the imminent start to the 2024-2025 Supreme Court Term. Then, Sylvia Albert and Eyricka Geneus of Common Cause join Ashley Erickson to dig in on volunteer opportunities in this final stretch of the 2024 election cycle. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program csacas Guest: Christopher Wright Durocher, Vice President of Policy and Program at ACS Guest: Ashley Erickson, Senior Director of Network Advancement at ACS Guest: Sylvia Albert, Director of Voting and Elections at Common Cause Guest: Eyricka Geneus, Election Protection Field Coordinator at Common Cause Link: ACS National Supreme Court Preview 2024-2025 Link: The Shadow Docket by Stephen Vladeck Link: ProtectTheVote Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

The Roberts Court has spent years ignoring precedent, norms, and judicial restraint in pursuit of concentrated power. Chris Kang joins Taonga Leslie to discuss the problems this power grab has caused and many of the reform proposals currently on the table. Join the Progressive Legal Movement Today: ACSLaw.org Host: Taonga Leslie, Director of Policy and Program for Racial Justice Guest: Chris Kang, Co-Founder and Former Chief Counsel, Demand Justice Link: "To Save Democracy, We Must Expand the Court," by Christopher Kang Link: "Supreme Court Term Limits," Brennan Center for Justice Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

This Labor Day Weekend marks the unofficial end to an historically hot summer. Terri Gerstein returns to Broken Law to talk with Valerie Nannery about legal protections for workers -- including from record heats but also from non-compete provisions, child labor exploitation, and more -- and the people who enforce those laws. Join the Progressive Legal Movement Today: ACSLaw.org Host: Valerie Nannery, Senior Director of Policy and Program at American Constitution Society Guest: Terri Gerstein, Director, NYU Wagner Labor Initiative, NYU Wagner Graduate School of Public Service Link: How Noncompete Agreements Stifle Workers, University of Maryland Robert H. Smith School of Business Link: Broken Law Episode 98: Unpacking the Child Labor Crisis Link: NYU Wagner Labor Initiative Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

Two recent Supreme Court decisions have dramatically eroded the separation of church and state when it comes to our public schools. As students head back for another school year, Elizabeth Cavell joins Lindsay Langholz to look at the impact the Court's decisions have had on public school classrooms and how Christian nationalists are attempting to push the boundary even further. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Elizabeth Cavell, Deputy Legal Director, Freedom from Religion Foundation Link: Christian nationalism on the march by Russell Contreras, Axios Link: Praying coach's actions do not alter the Constitution by Elizabeth Cavell, Seattle Times Link: We Dissent Podcast Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

In less than four years, President Biden has gone from a skeptic to proponent of significant reforms to the Supreme Court. Christopher Wright Durocher joins Lindsay Langholz to discuss how the Court’s recent decisions have played into the growing calls for reform and what proposals may be gaining traction. We also bring you excerpts of ACS’s 2023-2024 Supreme Court Review to better understand just how aggressive the Court has become in delivering wins for the conservative legal movement and accumulating power for itself. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Christopher Wright Durocher, Vice President of Policy and Program, ACS Link: Full Video: ACS National Supreme Court Review (2023-2024) Link: My Plan to Reform the Supreme Court and Ensure No President Is Above the Law by Joe Biden, Washington Post Link: Judicial Nominations, ACS Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

In less than 100 days, voters all over the country will start heading to the polls as early voting begins in most states. Lindsay Langholz is joined by ACS’s Ashley Erickson and Power the Poll’s Marta Hanson to cut through the noise of the presidential race and talk about one concrete thing that can be done to help protect democracy this year and help restore faith in our election system long-term. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Marta Hanson, National Program Manager, Power the Polls Guest: Ashley Erickson, Senior Director of Network Advancement, ACS Link: Become A Poll Worker Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024. ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

Artificial intelligence has burst onto the scene at a fragile time for our democracy, leading to many questions about how such a powerful tool can be harnessed to empower voters and election administrators while exposing vulnerabilities in our democratic structures. Taonga Leslie speaks with Spencer Overton about the potential racial harms and upsides of AI on our democracy. Join the Progressive Legal Movement Today: ACSLaw.org Host: Taonga Leslie, Director of Policy and Program for Racial Justice Guest: Spencer Overton, The Patricia Roberts Harris Research Professor of Law and Faculty Director of the Multiracial Democracy Project, George Washington University Link: Overcoming Racial Harms to Democracy from Artificial Intelligence by Spencer Overton Link: Multiracial Democracy Project, George Washington University Link: A political consultant faces charges and fines for Biden deepfake robocalls by Shannon Bond, NPR Link: Trump supporters target Black voters with faked AI images by Marianna Spring, BBC Link: AI and Elections, Brennan Center for Justice Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

As we approach the end of another Supreme Court term where originalism has dominated opinion after opinion in furtherance of an extremist conservative ideology, a question once again arises - how should progressives interpret the Constitution? Madiba Dennie joins Valerie Nannery to discuss her new book, The Originalism Trap, and how progressives can reclaim what the Constitution means. Join the Progressive Legal Movement Today: ACSLaw.org Host: Valerie Nannery, Senior Director of Policy and Program Guest: Madiba Dennie, Author of "The Originalism Trap" Link: The Originalism Trap by Madiba Dennie Link: How Originalism Ate the Law, Slate Link: Path to the Bench, ACS Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

Antitrust has escaped the business section and become a major topic of conversation in households across America. If you plan to attend a summer concert, buy groceries, or even listen to this episode on your phone, antitrust could have a real impact on your day-to-day life. Recent high-profile cases and notable agency actions have garnered commentary from supporters and skeptics alike. Elizabeth Binczik speaks with Sandeep Vaheesan of Open Markets Institute about the competing views on the FTC’s and DOJ’s recent actions and what this period means for antitrust. Join the Progressive Legal Movement Today: ACSLaw.org Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice Guest: Sandeep Vaheesan, Legal Director, Open Markets Institute Link: Assistant Attorney General Jonathan Kanter Delivers Remarks at New York City Bar Association’s Milton Handler Lecture, US Dept. of Justice Link: Federal Trade Commission Link: Dara Kerr & Alina Selyukh, DOJ, FTC double down on their antitrust strategy, NPR Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

The Biden Administration recently released a new rule that provides critical updates to Title IX. Lindsay Langholz and ACS Law Fellow Claire Comey speak with Anya Marino and Shiwali Patel about this important federal civil rights law, the contours of this new regulation, and the work still to be done to protect students of all gender identities on campus. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz - Senior Director of Policy and Program Co-Host: Claire Comey Guest: Anya Marino - Director of LGBTQI Equality, National Women's Law Center Guest: Shiwali Patel - Director of Safe and Inclusive Schools Link: Education and Title IX, National Women's Law Center Link: Hélène Barthélemy, How Men’s Rights Groups Helped Rewrite Regulations on Campus Rape, The Nation Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

Christopher Wright Durocher is joined by Professor Elisabeth Semel to talk about her recently released report, Guess Who’s Coming to Jury Duty? They discuss how too many courts don’t adequately track prospective jurors’ race and ethnicity and how the failure to take a race-conscious approach to jury selection and service results in the perpetuation of implicit, explicit, and institutional racial bias in our criminal legal system. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Christopher Wright Durocher, Vice President of Policy and Program Featured Speaker: Elisabeth Semel, Chancellor’s Clinical Professor of Law and Co-Director of the Death Penalty Clinic, Berkeley Law Link: Guess Who's Coming to Jury Duty? Berkeley Law Death Penalty Clinic Link: Whitewashing the Jury Box, Berkeley Law Death Penalty Clinic Link: Batson v. Kentucky Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

This week on Broken Law, we revisit two moving speeches from ACS's 2023 National Convention. Oren Nimni and Sherrilyn Ifill explore the complicity of lawyers in maintaining our unjust legal system and the special responsibility we bear in creating a more just future. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Featured Speaker: Oren Nimni, Litigation Director, Rights Behind Bars Featured Speaker: Sherrilyn Ifill, Former President and Director Counsel, NAACP LDF; Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights, Howard University Link: Register for ACS's 2024 National Convention Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

Florida and Arizona state courts recently green lit restrictive abortion bans and the Supreme Court hears two cases that will have significant implications for how doctors and pregnant people navigate the post-Dobbs chaos. Elizabeth Binczik and Lindsay Langholz discuss the latest abortion news and how these developments are interacting with this year's elections. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Elizabeth Binczik Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS Link: Former Arizona Gov. Doug Ducey says the abortion ruling from justices he chose goes too far by Mead Gruver Link: Mississippi Keeps the Door Firmly Shut on Ballot Initiatives by Daniel Nichanian Link: The Shadow Medical Community Behind the Attempt to Ban Medication Abortion by Jordan Smith Link: After Roe Fell: Abortion Laws by State Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

The Supreme Court has taken up three cases that arise out of litigants seeking accountability for the violent events of January 6th. This month, the Court will hear arguments on former president Trump's presidential immunity claim and take a look at whether the law used to prosecute many January 6th participants was validly applied in one such prosecution. Lindsay Langholz speaks with Donald Sherman of CREW about what the Court's decision in Trump v. Anderson, the ballot disqualification case, means for this ongoing pursuit of accountability. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program Guest: Donald Sherman, Executive Vice President and Chief Counsel, CREW Link: American Historians' Brief Link: Childrens' Rights Legal Scholars and Advocates Brief Link: Colorado lawsuit enforcing Donald Trump's unconstitutional disqualification, CREW Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

Artificial Intelligence has the potential to affect how work is performed across industries and, in particular, within media and entertainment. Elizabeth Binczik speaks with Sarah Fowler of SAG-AFTRA to get her thoughts on how AI could impact performers’ work, the current state of the law, and how we might protect performers and people in general from AI’s risks without sacrificing AI’s benefits. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice for ACS Guest: Sarah Luppen Fowler, Senior Deputy General Counsel, SAG-AFTRA (affiliation included for identification purposes only) Link: Human Artistry Campaign Link: CES Tech Talk: SAG-AFTRA Strike's Impact on AI and Hollywood's Future Link: "Senators draft policy aimed at deep fakes of Drake, Tom Hanks and noncelebrities" by Brian Contreras Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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, ACS Sr Director of Policy and Program 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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. Join the Progressive Legal Movement Today: ACSLaw.org 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Broken Law: About the law, who it serves, and who it doesn’t. ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.