Broken Law

The Electoral Count Act (ECA) played a prominent role in the legal fictions clung to by those who orchestrated the January 6th Insurrection. With another presidential election before us, Lindsay Langholz joins Jeanne Hruska to discuss the updates made to the ECA since 2021 and whether we should have faith in the ECA this election cycle. They also recap end-of-year SCOTUS news.   Join the Progressi...

With 2023 nearly over, Craig Mastantuono and Neal Sarkar join Jeanne Hruska to discuss the good, the bad, and the terrifying from the past year and to look ahead to the mammoth year that is 2024. Craig and Neal also share the biggest 2023 takeaways from their respective states: Wisconsin and Texas.   Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska , ACS Sr Ad...

After a hot labor summer, we've continued to see positive developments on the labor front. On this episode, Elizabeth Binczik speaks with Professor Catherine Fisk about the combination of labor wins this year and what 2023 could mean for labor moving forward. They review the deals struck to end the Hollywood strikes and the ingenuity of the United Auto Worker strikes. Join the Progressive Leg...

Two topics for the price of one episode. Jeanne Hruska is joined by Professor Mark Lemley for a discussion on his recent article, “Red Courts, Blue Courts,” which explains how administrations are increasingly prioritizing district court vacancies in states that align with their party and the resulting consequences. In the second half of the episode, they delve into AI and the question of whether A...

There's been much conversation about Section 3 of the 14th Amendment and whether it can be used to keep people who engaged in the January 6th insurrection off the ballot. Lindsay Langholz speaks with Donald Sherman and Nikhel Sus from CREW  about their lawsuit aimed at keeping Donald Trump off the ballot in Colorado. They discuss the ruling of the trial court and look ahead to the December 6t...

The U.S. Supreme Court recently published a "Code of Conduct," signed by all nine justices.  Jeanne Hruska catches up with Russ Feingold, ACS President, to discuss how much weight, if any, to give this new Code. They also discuss the latest on judicial confirmations and look ahead to how voters can engage on the courts come election time.  Join the Progressive Legal Movement Today: ACSLa...

Since the U.S. Supreme Court largely outlawed affirmative action in higher education earlier this year, there's been discussion about what the decision could mean for the future of DEI practices in employment. Taonga Leslie speaks with Marcus Childress about the chilling effect that SFFA v. Harvard has had and how employers can continue to advance DEI in the wake of the decision.  Join the Pr...

The U.S. Supreme Court has an opportunity to rein in its disastrous 2nd Amendment decision in  NYSRPA v. Bruen  this term, or make it that much harder for states to prevent gun violence. Christopher Wright Durocher speaks with  Esther Sanchez-Gomez (Giff ords Law Center) about takeaways from the Court's oral argument in  U.S. v. Rahimi   and how the Court could clean up its own mess when it c...

One year out from the 2024 election, Lindsay Langholz checks in with Jessica Huseman from VoteBeat about the election issues that are consuming her attention and could shape the 2024 election space, including the growing obsession with hand counting ballots and the odd steps certain states are taking to "update" their voter registration lists.   Join the Progressive Legal Movement Today:...

As state judicial elections become more and more expensive, it's worth asking whether campaign funding impacts judicial decision making. On this episode, Jeanne Hruska speaks with Michael Kang and Joanna Shepherd about their new book, "Free to Judge: The Power of Campaign Money in Judicial Elections." According to Kang and Shepherd, “campaign money profoundly affects how judges do t...

An increasing number of state court judges and justices are being targeted by state officials for not advancing their interests. On this episode, Taonga Leslie speaks with Dawn Blagrove (Emancipate NC) about how Justice Anita Earls, the only Black justice on the North Carolina Supreme Court, is being targeted for factual remarks she made about the lack of diversity on the NC judiciary. They discus...

Recently, Dish Network became the first company to be fined by the Federal Communications Commission for littering in space. On this episode, Jeanne Hruska speaks with Professor Michelle Hanlon about why the fine was “a very big symbolic moment for debris mitigation,” and the challenges and urgency in regulating the increasing array of human-driven activities in space.   Join the Progressive Legal...

In honor of World Day Against the Death Penalty (October 10), Christopher Wright Durocher speaks with Professor  John  Bessler ab out why the death penalty should be considered an act of torture. They discuss how the death penalty is classified under international human rights law and how the U.S. Supreme Court consistently gets death penalty cases wrong by ignoring the psychological torture invol...

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 Communicatio...

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: Elizabe...

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 Tod...

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...

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:   A...

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...

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...

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...

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:   A...

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 atte...

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 emp...

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, Ju...