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Ever feel like the law is stacked against you? It probably is. Broken Law speaks truth to power in discussing how our laws and legal system serve the few at the expense of the many. This is where law meets real life. Hosted by the staff of the American Constitution Society, we reckon with the origins of our legal system, interview people on the frontlines of the progressive legal movement, and chat about necessary legal reforms to restore our democratic legitimacy and improve the lives of all people.
Total 163 episodes
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06/07/2023

Episode 111: What Comes After Affirmative Action?

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: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
40m
04/07/2023

Episode 110: SCOTUS Keeps the Innocent Incarcerated

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: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
45m
20/06/2023

Episode 108: Part Indictment, Part Voting Rights

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: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
1h 4m
30/05/2023

Episode 105: TN Rep. Pearson and Our 2023 Mid-Year Review

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: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
1h 25m
28/02/2023

Episode 91: The Supreme Court Has an Ethics Problem

There are nine judges in our federal judiciary who are not bound by a code of ethics, and they just so happen to be the nine most powerful judges in the country.  Jeanne Hruska speaks with Mark Joseph Stern (Slate) and Chris Kang (Demand Justice) about the U.S. Supreme Court's "just trust us" approach to ethics, the problems this continues to create, and what a code of ethics for our highest court might look like.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, Sr Advisor for Communications and Strategy Guest: Chris Kang, Chief Counsel, Demand Justice Guest: Mark Joseph Stern, Senior writer at Slate Link: "Why the Supreme Court Doesn’t Want You to Hear Its Opinion Announcements Live,"  by Dahlia Lithwick and Mark Joseph Stern Link: "Former Anti-Abortion Leader Alleges Another Supreme Court Breach," by Joki Kantor and Jo Becker Link: "The Supreme Court Can’t Even Agree on a Code of Ethics for Itself," by Elie Mystal Link: Statement by Russ Feingold re: “Undue Influence: Operation Higher Court and Politicking at SCOTUS” Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
56m
21/02/2023

Episode 90: Pulling the Curtain Back on the Anti-Abortion Movement

This week, Lindsay Langholz speaks with Jessica Mason Pieklo from Rewire News Group to pull the curtain back on the anti-abortion movement. They discuss the pending lawsuit in federal district court that could result in abortion pills being banned, the concerted effort to target hormonal birth control, and much more. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, Senior Director for Policy and Program Guest: Jessica Mason Pieklo, Senior Vice President and Executive Editor, Rewire News Group Link: "Biden administration braces for ruling that could ban abortion pills,"  by Alice Miranda Ollstein and Adam Cancryn Link: "Is the Right to Birth Control Next on the Chopping Block?" by Thalia Charles, Rewire News Group Link: "‘Crisis Pregnancy Centers’ Are Deceptive. Why Aren’t There More Alternatives?" by Garnet Henderson Link: "Childbirth Is Deadlier for Black Families Even When They’re Rich, Expansive Study Finds," by Claire Cain Miller, Sarah Kliff, and Larry Buchanan Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
56m
14/02/2023

Episode 89: Section 230 Goes to the Supreme Court

Passed in the infancy of the world wide web, Section 230 of the 1996 Communications Decency Act has been called the “26 words that created the internet.” On February 21, the U.S. Supreme Court will hear oral arguments in Gonzalez v. Google, the Court's first case about Section 230 and the immunity it confers on providers of interactive computer services. Christopher Wright Durocher speaks with Dariely Rodriguez and David Brody from the Lawyer's Committee for Civil Rights Under the Law about the lawsuit and its potential impact on civil rights protection and censorship of people of color.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Christopher Wright Durocher, Vice President of Policy and Program Guest: Dariely Rodriguez, Deputy Chief Counsel, Lawyers’ Committee for Civil Rights Under Law Guest: David Brody, Managing Attorney,  Lawyers’ Committee for Civil Rights Under Law Link: Brief of the Lawyers' Committee for Civil Rights Under Law and Five Civil Rights Organizations as Amici Curiae in Support of Neither Party Link: "A Supreme Court Case Could Decide the Fate of the Modern Internet," by Lizzie O'Leary Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
43m
06/12/2022

Episode 79: What the Crypto?

Recent weeks witnessed the complete collapse of FTX, a cryptocurrency exchange. Treasury Secretary Janet Yellen referred to FTX’s downfall as a “Lehman moment” for cryptocurrency, referring to Lehman Brothers' collapse in the 2008 financial crisis. On this episode, Jeanne Hruska speaks with Professor Yesha Yadav of Vanderbilt University and Aaron Klein of the Brookings Institution to discuss this “Lehman moment,” its consequences for crypto more broadly, and whether FTX's downfall could push crypto-specific regulations across the finish line. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, Sr. Advisor for Communications and Strategy Guest: Yesha Yadav, Professor of Law, Vanderbilt University Law School Guest: Aaron Klein, Senior Fellow, Brookings Institution Link: "Don’t Let FTX Executives Off the Hook Like Bankers in 2008," by Aaron Klein Link: "It's Time to Regulate Crypto," The Weeds Podcast Link: Transcript of Sam Bankman-Fried’s Interview at the NYT DealBook Summit Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
1h 14m
15/11/2022

Episode 76: SCOTUS Threatens Much of Indian Law

The Indian Child Welfare Act (ICWA) has been a successful federal law since it was enacted in 1978 and is considered by many experts to be the gold standard of child welfare practices. And yet, decades later, a federal court ruled ICWA unconstitutional in a widely criticized 2021 decision. The case, Brackeen v. Haaland, is now before the Supreme Court, which could with its decision rewrite much of Indian Law as we know it. Lindsay Langholz is joined by Professor Matthew Fletcher to debrief the oral arguments in the case and discuss the implications of potential outcomes. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program Guest: Matthew Fletcher, Harry Burns Hutchins Collegiate Professor of Law, Michigan Law Link: Brief of Indian Law Professors as Amici Curiae in Support of Federal and Tribal Defendants Link: SCOTUS oral argument in Haaland v. Brackeen Link: "The Story of Baby O—and the Case That Could Gut Native Sovereignty," by Rebecca Nagle Link: This Land podcast, hosted by Rebecca Nagle Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
46m
08/11/2022

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

This week, we are going to break down the epic 5+ hour long oral arguments that the Supreme Court heard in two related cases about affirmative action in higher education. It seems, yet again, even well-established precedent is open for re-examination by this packed Court. Lindsay Langholz is joined by Professor Vinay Harpalani to break down the oral arguments and discuss what we should expect when the Court issues its decisions next year. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, ACS Senior Director of Policy and Program Guest: Vinay Harpalani, Professor of Law, University of New Mexico School of Law Link: Brief for Legal Scholars Defending Race-Conscious Admissions as Amici Curiae in Support of Respondents Link: Challenge to Harvard’s use of affirmative action was designed by a conservative to reach a friendly Supreme Court, by Joan Biskupic, CNN Link: SCOTUS oral argument in Students for Fair Admissions v. University of NC Link: SCOTUS oral argument in Students for Fair Admissions v. President and Fellows of Harvard Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
51m
25/10/2022

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

While much attention is being paid this election cycle on which party will control Congress come January, there are several down ballot races that will also have profound effects on our fundamental rights and on the legitimacy of our democracy. These include races for State Attorney General, Secretary of State, state court judges, and district attorneys. On this episode, we provide a rapid overview of these races and the topline selling points for why voters should vote their full ballot.   Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy Guest: Lindsay Langholz, ACS Senior Director of Policy and Program Guest: Zack Gima, ACS Vice President of Strategic Engagement Guest: Valerie Nannery, ACS Senior Director of Policy and Program Guest: Christopher Wright Durocher, ACS Vice President of Policy and Program Link: "Your Guide to All 35 States Deciding Their Next Secretary of State," by Bolts Magazine Link: "Your State-by-State Guide to the 2022 Supreme Court Elections," by Bolts Magazine Link: "An Office You Cannot Afford to Ignore on Your Ballot," by Valerie Nannery Link: "The Role(s) of the State Attorney General in a Post-Dobbs Landscape," by Carolyn Shapiro Link: "Dobbs and Trump Bring Focus to Prosecutorial Discretion," by David Toscano Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] 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.
34m
06/09/2022

Episode 66: Dear Senate, Please Prioritize Judges

This is a call to action! The U.S. Senate is back in session this month, and inevitably it has competing priorities between now and the end of the year. That's where this episode comes in. Jeanne Hruska speaks with Russ Feingold, President of ACS, and Zack Gima, Vice President of Strategic Engagement at ACS, about why the Senate should prioritize judicial nominations, how it can do that, and how listeners can help ensure it happens. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy Guest: Russ Feingold, ACS President Guest: Zack Gima, ACS Vice President of Strategic Engagement Link: U.S. Senate switchboard: 202-224-3121. Link: Senate Judiciary Committee members Link: Contact ACS about our Path to the Bench Project: [email protected] Link: ACS's Tracker of Federal Judicial Nominations Link: Diversity of the Federal Bench Link: "It’s Time for Democrats to Play Hardball to Thwart Mitch McConnell," by Russ Feingold Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.  -----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
55m
23/08/2022

Episode 64: Dobbs, Kansas, and Emerging Abortion Trends

It has been nearly two months since the Supreme Court released its decision in Dobbs v. Jackson Women’s Health, overturning Roe v. Wade and throwing the issue of abortion rights to the states. On this episode, Lindsay Langholz speaks with Professor Mary Ziegler about how the aftermath of Dobbs is playing out in the states. What does Kansas say about how abortion might fare in other states and what are the emerging trends as more lawsuits are filed and state courts deliberate over old and new state laws? Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, Director of Policy and Program Guest: Mary Ziegler, Martin Luther King Jr Professor of Law, UC Davis Link: "Dollars for Life," by Mary Ziegler Link: "Anti-Abortion Groups Once Portrayed Women as Victims. That’s Changing." by Mary Ziegler Link: "Opinion: The coming state-federal showdown over abortion," by Mary Ziegler and Elizabeth Sepper Link: "No, Justice Alito, Reproductive Justice Is in the Constitution," by Michele Goodwin Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.  -----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
51m
16/08/2022

Episode 63: The ADA Takes on Voter Suppression

People with disabilities are the largest minority group in the United States and represent a vital voting constituency that is often overlooked. In recent years, several states have enacted voter suppression measures in the name of "election integrity," which disproportionately impact people with disabilities. Evan Monod speaks with Lia Sifuentes Davis, Clinical Professor at the University of Texas at Austin School of Law, about how the Americans with Disabilities Act (ADA) is being used to challenge these restrictive state voting laws and what it means to make democracy accessible. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Evan Monod, ACS Law Fellow Guest: Lia Sifuentes Davis, Clinical Professor, University of Texas at Austin School of Law Link: The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities Link: “New Texas Voting Law Brings on Federal Lawsuit Asserting Violation of ADA and More” Link: “Court Strikes Down Texas Law Restricting Voter Assistance” Link: “Disability and Voting Accessibility in the 2020 Elections” Link: VIDEO: "Voting and the Disability Community: Progress Made and Needed” Visit the Podcast Website: Broken Law Podcast Email the Show: [email protected] Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2022.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
54m