Broken Law

With the Supreme Court's new term underway as of October 2, the ACS team sat down to discuss the biggest trends and cases on the Court's docket. Is the term going to bring all bad news or might there be reason for (cautious and select) optimism? The team weighs in. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy Guest: Lindsay Langholz, ACS Sr Director of Policy and Program Guest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice Guest: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice Link: ACS Supreme Court Preview Program Link: "Landmark Texas, Florida social media cases added to Supreme Court term," by Ann E. Marimow and Cat Zakrzewski Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.

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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.