Broken Law

Indigenous communities are often invited to participate in the conversation about access to their sacred sites but rarely do their interests prevail. Time and again, their input is received and yet made subordinate to competing interests from corporate powers, scientific pursuits, and even recreation. Michalyn Steele joins Lindsay Langholz to discuss how the law could be changed to reorder existing values and give greater weight to Indigenous interests in sacred sites. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Michalyn Steele, Marion G. Romney Professor of Law, BYU Law Link: The Native American Graves Protection and Repatriation Act as a Model of Cultural Sovereignty for Protecting Indigenous Sacred Sites, by Michalyn Steele Link: Rethinking Protections For Indigenous Sacred Sites, by Stephanie Hall Barclay and Michalyn Steele Link: Indigenous Resilience, by Michalyn Steele Link: Supreme Court spurns Native American religious claim over copper mine on sacred land, by Lawrence Hurley Link: Native American Rights Fund Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

President Trump is currently remodeling a house that he does not seem keen to move out of when his lease is up. Donald Sherman of CREW joins Lindsay Langholz to discuss the threat of Trump seeking a third term, and why in spite of clear constitutional text, history cautions us to take the threat seriously. They examine the clear text of the 22nd Amendment, the fight over ratification in the states, and why that all matters now. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Donald Sherman, Executive Director and Chief Counsel, CREW Link: 2 presidential terms, 41 states: the ratification of the 22nd Amendment, CREW Link: Remarks of Rep. Jennings, Congressional Record (852-853) Link: A Third Trump Term Is Not the Charm, by Jamelle Bouie Link: Presidential Term Limits in American History, by Michael Korzi Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

Right-wing operatives continue to target diversity, equity, and inclusion programs. Through a growing web of hostile executive orders, state bans, and private lawsuits, enemies of diversity are using law to chill discussion of race, gender, sexuality, and other "divisive" concepts. In the face of these attacks, diversity defenders are turning to the First Amendment — and in many cases, they are winning. Taonga Leslie is joined by practitioners from across the country to explore strategies for using First Amendment principles and precedent to strengthen DEI programs going forward and highlight recent wins. Join the Progressive Legal Movement Today: ACSLaw.org Host: Taonga Leslie, Director of Policy and Program for Racial Justice Guest: Katy Youker, Director, Economic Justice Project, Lawyers' Committee for Civil Rights Under Law (Chicago Women in Trades v. Trump) Guest: Lawrence Lustberg, Director, John J. Gibbons Fellowship in Public Interest & Constitutional Law, Gibbons P.C. (Saadeh v. New Jersey State Bar Association) Guest: Robert McDuff, Director of the George Riley Impact Litigation Initiative, Mississippi Center for Justice (Jackson Federation of Teachers v. Fitch) Link: The First Amendment in Flux, ACS 2025-2026 Program Guide Link: Using the First Amendment to Uphold DEI Initiatives, by Christopher Lucca and Vanessa Huber Link: Protecting Our Purpose Link: The Legal DEI Project Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

In the midst of an all-out assault on the rule of law, many are seeking opportunities to get involved in their communities to fight for our democracy. We've heard from members of our network who are interested in running for office or are considering for the first time finding their way to elected service. Rebecca Dussich of Buckeye Justice Forum joins Lindsay Langholz to discuss the impact of downballot elected officials, particularly judicial officials, and what potential candidates should consider as they approach a possible run for office. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Rebecca Dussich, State Director, Buckeye Justice Forum Link: Running for Office, ACS Link: Buckeye Justice Forum Link: Find Your Ballot, Vote411 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

After a very active summer on the emergency docket, the Supreme Court is set to begin a new term. Christopher Wright Durocher and Taonga Leslie join Lindsay Langholz to break down several important cases on the Court's merits docket, including those focused on LGBTQ+ rights, free speech, immigration, voting rights, and more. 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 Guest: Taonga Leslie, Director of Policy and Program for Racial Justice, ACS Link: Brief of Amici Curiae National Women's Law Center and 51 Additional Organizations, B.P.J. v. West Virginia State Bd. of Ed. (4th Cir.) Link: The First Amendment in Flux, ACS 2025-2026 Program Guide Link: Episode 180: The Voting Rights Act at 60 Link: Concurring Opinion, Hilo Bay Marina v. State of Hawai'i Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

This week on Broken Law, we are circling back on stories we've previously covered, providing updates you may have missed before we head into a new SCOTUS term and a new academic year. Lindsay Langholz and Christopher Wright Durocher bring you the latest on Harvard's lawsuit against the Trump Administration, Federal Reserve Governor Lisa Cook's purported termination, the conservative majority's continuing and egregious misuse of the Supreme Court emergency docket, and how the federal government and states are handling death row cases. 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 Link: Harvard College v. HHS (D. Mass.) Link: Appeals court judges publicly admonish Supreme Court justices: ‘We’re out here flailing,' by Josh Gerstein and Kyle Cheney Link: Judge temporarily blocks Trump's firing of Federal Reserve governor Lisa Cook, by Steve Kopack Link: Noem v. Vasquez Perdomo Link: Mid-Year Review 2025: New Death Sentences Remain Low Amidst Increase in Executions, Death Penalty Information Center Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

The Trump administration has sought to advance its extreme and often unlawful agenda through the strategic use and abuse of the law and legal system, including Executive Orders targeting law firms and litigation and misconduct complaints against district court judges. While some lawyers and courts are holding the administration accountable, others are quick to capitulate. Mark Lemley joins Christopher Wright Durocher to talk about the administration’s abuse of the law and legal system and what can be done to stop it. Join the Progressive Legal Movement Today: ACSLaw.org Host: Christopher Wright Durocher, Vice President of Policy and Program Guest: Mark Lemley, William H. Neukom Professor of Law and Director of the Program in Law, Science and Technology, Stanford Law School; Partner, Lex Lumina, LLP Link: Amicus Brief of 676 Law Professors in Support of Plaintiff, WilmerHale v. U.S. Dep’t of Just., 25-cv-917 (Apr. 11, 2025) Link: As July 4 Approaches, Supreme Court Signs Away American Democracy, by Mark Lemley Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

Over the past few years, no technological development has been more discussed than the rise of artificial intelligence and machine learning. AI is changing how we work, how we make art, and even how we access healthcare. Jennifer Oliva joins Taonga Leslie to explore the ways AI and algorithms are being used to restrict access to healthcare nationwide and how lawyers and patients can advocate for greater fairness and transparency. Join the Progressive Legal Movement Today: ACSLaw.org Host: Taonga Leslie, Director of Policy and Program for Racial Justice Guest: Jennifer Oliva, Professor of Law and Val Nolan Faculty Fellow, Indiana University Maurer School of Law Link: Jennifer Oliva, How Artificial Intelligence Controls Your Health Insurance Coverage, The Conversation, (June 20, 2025). Link: T. Christian Miller, et al., Not Medically Necessary”: Inside the Company Helping America’s Biggest Health Insurers Deny Coverage for Care, ProPublica (Oct. 23, 2024). Link: Benefits Tech Advocacy Hub Link: TechTonic Justice Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

Sixty years ago, Lyndon B. Johnson signed into law one of the most transformative bills in United States history - the Voting Rights Act of 1965. Michael Li joins Lindsay Langholz to take stock of the VRA's impact on American democracy, the real wins pro-democracy advocates are still able to achieve in spite of an increasingly hostile Supreme Court, and what the future holds for this critical law. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Guest: Michael Li, Senior Counsel, Brennan Center for Justice Link: Growing Racial Disparities in Voter Turnout, 2008–2022, Brennan Center for Justice Guest: A New Cycle of Texas Gerrymandering: Your Questions Answered, Bolts Magazine Guest: The Supreme Court Just Signaled Something Deeply Disturbing About the Next Term, by Rick Hasen Guest: The John R. Lewis Voting Rights Advancement Act Fact Sheet, The Brennan Center for Justice Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

ACS recently completed our 2025 National Convention Series, taking a deep dive into states' responses to the pressing issues of immigration, democracy and voting, economic and racial justice, and transgender rights. This week, we bring you brief excerpts from that series, highlighting perspectives from a diverse set of experts on the stakes of this moment and what we can do in response. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Guest: Aura Bogado, Senior Reporter, Injustice Watch Guest: Alina Das, James Weldon Johnson Professor & Co-Director of the Immigrant Rights Clinic, New York University School of Law Guest: Marina Multhaup, Senior Associate, Barnard Iglitzin, & Lavitt LLP (Counsel for Starbucks United) Guest: Kylar W. Broadus, Diversity, Equity & Inclusion, Public Speaker, Strategist, Legislative, Policy, Management Guest: William McGinty, Assistant Attorney General, Washington State Office of the Attorney General Guest: Dawn Blagrove, Executive Director, Emancipate NC Link: Then They Came for Me: Protecting Our Neighbors and Ourselves Link: Resisting Oligarchy + Building Power Link: Combatting a Campaign of Erasure: Upholding the Rights of Trans People to Exist and Thrive Link: Power Plays Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

The Supreme Court recently wrapped up its 2024-2025 term and the ACS Policy and Program team is here to break down the headline cases, those that may have slipped under your radar, and several that came and went via the shadow docket. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Guest: Christopher Wright Durocher, Vice President of Policy and Program Guest: Taonga Leslie, Director of Policy and Program for Racial Justice Guest: Valerie Nannery, Senior Director of Policy and Program Link: John Roberts’ Anti-Trans Opinion Is a Garbled Mess. It’s Easy to See Why., by Mark Joseph Stern Link: Supreme Court Rules Some Americans Have a Constitutional Right to Insist on Theocracy, by Heidi Li Feldman Link: Don’t Let Trump Erase Immigrants from the Citizenship Clause, by Taonga Leslie Link: SCOTUS allows Trump admin to deport people to random countries with no notice, by Chris Geidner Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

The country has recently experienced a series of escalating instances of political violence, perpetrated by individuals as well as state actors wielding governmental power. Christopher Wright Durocher is joined by Lindsay Langholz to discuss the ways in which our legal system is being weaponized against disfavored groups and the toll that political violence takes on our rights and our communities. Join the Progressive Legal Movement Today: ACSLaw.org Host: Christopher Wright Durocher, Vice President of Policy and Program Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS Link: When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller, by Joseph Blocher and Reva Siegel Link: Episode 159: The Relationship Between Guns and Democracy Link: Proud Boys’ lawsuit is legally weak — but Trump’s DOJ will likely just surrender, by Shan Wu Link: Good Trouble Lives On - July 17th Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

In these first months of his second term, President Trump has fired or attempted to fire thousands upon thousands of federal workers. Notable among those affected by this unprecedented flexing of executive authority are leaders of independent agencies. Peter Shane joins Lindsay Langholz to discuss two recent cases that have significant implications on our system of checks and balances and just how far the president is allowed to go when it comes to control over independent agencies. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Guest: Peter Shane, Distinguished Scholar in Residence and Adjunct Professor of Law, New York University School of Law; Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at The Ohio State University Moritz College of Law. Link: Litigation Tracker: Legal Challenges to Trump Administration Actions, Just Security Link: Lawfare Link: Does Evidence Matter? Originalism and the Separation of Powers, by Cass Sunstein Link: The Supreme Court's Fed Carveout: An Initial Assessment, by Lev Menand Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

In recent weeks, the Trump Administration has escalated intimidation efforts against Harvard University and other private colleges, by canceling billions in federal funding and threatening to revoke tax-exempt status unless the schools make major changes to their hiring and teaching practices. Andrew Manuel Crespo joins Taongal Leslie to discuss the legal strategies behind the administration's attacks on higher education and how the academy can defend its independence. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Guest: Andrew Manuel Crespo, Morris Wasserstein Public Interest Professor of Law at Harvard University and General Counsel of AAUP-Harvard Faculty Chapter Link: Complaint, AAUP-Harvard v. United States Dept. of Justice Link: Federal Workers Legal Defense Network Link: ACS National Convention Series Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Bluesky | 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 2025.

Far from satisfied with Dobbs, the antiabortion movement is energized and taking aim at their next objective - fetal personhood. Mary Ziegler, author of Personhood: The New Civil War over Reproduction, joins Lindsay Langholz to discuss the antiabortion movement’s historical aims, where they are focused three years after the fall of Roe v. Wade, and how President Trump’s second term factors into those plans. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Guest: Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis School of Law Link: Personhood: The New Civil War over Reproduction, by Mary Ziegler Link: Trump’s New Abortion Pill Decision Was a Big Surprise. Here’s What It Really Means., by Mary Ziegler Link: Pregnancy 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 2025.

President Trump's first 100 days of his second term have been unlike any other in the modern American presidency. The ACS Programs Team joins to discuss the major actions taken by the Administration in its opening weeks, shine a light on some of the actions Trump has taken that have slipped under the radar, and reflect on how the federal courts have responded. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program, ACS Guest: Christopher Wright Duroocher, Vice President of Policy and Program, ACS Guest: Valerie Nannery, Senior Director of Policy and Program, ACS Guest: Taonga Leslie, Director of Policy and Program for Racial Justice, ACS Guest: Senger Joseph, Associate, ACS Link: Litigation Tracker: Legal Challenges to Trump Administration Actions Link: Rise Up Federal Worker Legal Defense Network Link: ACS Notice and Comment Project Link: May Day 2025 Events 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 2025.

Over five months after voters cast their ballots to elect a North Carolina Supreme Court Justice, the election remains uncertified. The losing candidate has taken to the courts in an attempt to change the rules of the contest long after Election Day and, so far, two state courts have been willing to do so. Lindsay Langholz joins Christopher Wright Durocher to discuss the legal case at the heart of this election contest, the courts who have and will be hearing the case, and what it could mean for the rest of the country. Join the Progressive Legal Movement Today: ACSLaw.org Host: Christopher Wright Durocher, Vice President of Policy and Program Guest: Lindsay Langholz, Senior Director of Policy and Program, ACS Link: Griffin v. State Board of Elections Case Tracker, State Court Report Link: Justice Earls' Opinion, Griffin v. State Board of Elections Link: North Carolina’s ongoing descent into authoritarianism, by Melissa Price Kromm 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 2025.

There have been over 100 lawsuits challenging many of the early actions of the second Trump Administration. Kate Huddleston joins Lindsay Langholz to discuss the details of one, Campaign Legal Center's recently filed lawsuit challenging the Department of Government Efficiency's power grab. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Kate Huddleston, Senior Legal Counsel, Campaign Legal Center Link: Litigation Tracker: Legal Challenges to Trump Administration Actions Link: CLC Sues to Stop Elon Musk and DOGE’s Lawless, Unconstitutional Power Grab, Kate Huddleston & Maha Quadri Link: Cases and Actions: Japanese American Citizens League v. Musk, Campaign Legal Center 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 2025.

The Court is entering its final stretch of oral arguments for the 2024-2025 term and they will be hearing four important cases with significant First Amendment implications, particularly when it comes to the separation of church and state. Hirsh Joshi joins Lindsay Langholz to discuss the tension between public policy goals and religiously motivated exemptions in each of these cases. Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Policy and Program Guest: Hirsh Joshi, Attorney and Patrick O’Reiley Legal Fellow, Freedom From Religion Foundation Link: Episode 155: Livin' On a Prayer As States Push Church Into Classrooms featuring Elizabeth Cavell Link: We Dissent Podcast Link: Brief of the Freedom From Religion Foundation as Amicus Curiae in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission 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.

More than 950 law scholars from around the country have signed on to a bipartisan letter decrying President Trump’s slew of illegal executive orders and actions. Christopher Wright Durocher talks with principal author and coordinator of the letter Kent Greenfield about what prompted these scholars to speak out and where this crisis may lead. Join the Progressive Legal Movement Today: ACSLaw.org Host: Christopher Wright Durocher, Vice President of Policy and Program Guest: Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law School Link: More than 950 Law Scholars Sound Alarm on Constitutional Crisis Link: “We Believe We Are in a Constitutional Crisis”: Law Professors and Law Teachers Stand Against Administration's Illegal and Unconstitutional Actions Link: Why Shouldn’t the President Be Able to Fire Who He Wants in the Executive Branch?, by Shirin Ali 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.