American Constitution Society
Broken Law
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.
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American Constitution Society
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Podcast website
Latest episode
Jul 7, 2026
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Episodes
Episode 179: "Active Participants in Our Own Liberation" 22.07.2025 26:03
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. Joi...
Episode 178: 'Irreparable Harm': A Supreme Court Term Review 08.07.2025 1:09:52
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 Pre...
Episode 177: The Legal System's Role in Political Violence 24.06.2025 56:33
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...
Episode 176: Checks and Balances Upside Down 10.06.2025 52:12
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 h...
Episode 175: Defending Academic Freedom 27.05.2025 1:01:53
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&apos...
Episode 174: The New Civil War Over Reproduction 13.05.2025 32:16
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...
Episode 173: The First 100 Days 29.04.2025 1:03:23
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 Move...
Episode 172: A "Bloodless Coup" Underway in North Carolina 15.04.2025 36:22
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...
Episode 171: Taking DOGE to Court 01.04.2025 27:41
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...
Episode 170: Public Policy and Religious Exemptions Collide Again, and Again, at SCOTUS 18.03.2025 48:39
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 Pro...
Episode 169: We Are in a Constitutional Crisis 04.03.2025 38:38
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 Ho...
Episode 168: Confronting the War on Immigrants 18.02.2025 41:51
Perhaps more than any other issue, harsh immigration enforcement has defined President Trump’s political career. Since returning to office, the President has moved to end birthright citizenship, authorized ICE to raid schools and churches, and announced plans for mass detention centers on Guantanamo. Professors Ana Raquel Minian and Amanda Frost join Taonga Leslie to help us make sense of the raft...
Episode 167: TikTok, Adult Content, and the First Amendment's Big Month at the Court 04.02.2025 42:52
The Supreme Court recently heard two cases that could have significant implications for the way we live our lives online. Gautam Hans joins Lindsay Langholz to reflect on the arguments made to the Court, how to interpret the TikTok v. Garland decision and chaotic aftermath, and why we should all care about broad restrictions on adult content websites. Join the Progressive Legal Movement Today: AC...
Episode 166: What's Next for DEI? 21.01.2025 38:53
From the first Trump Administration's executive order restricting equity and inclusion discussions across the federal government to the Supreme Court's decision in Students for Fair Admissions, the last few years have seen significant legal attacks on diversity, equity, and inclusion (DEI) programs. David Glasgow joins Taonga Leslie to discuss the historical context of DEI, the current...
Episode 165: Judging the Failure of Constitutional Theory 07.01.2025 40:36
What is constitutional theory and do judges actually need one? Mark Tushnet joins Christopher Wright Durocher to discuss his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory , and how reasoned judgment can lead the way forward. Join the Progressive Legal Movement Today: ACSLaw.org Host: Christopher Wright Durocher, Vice President of Policy and Program Guest: Mark Tushnet ,...
Episode 164: Holiday Reading Wishlist 24.12.2024 33:41
If you are doing some last minute holiday shopping or resolving to read more books in 2025, we have got you covered. Lindsay Langholz and Christopher Wright Durocher share what books are on their wishlist this holiday season, and Valerie Nannery speaks with Joshua Perry about his novel, Seraphim . Join the Progressive Legal Movement Today: ACSLaw.org Host: Lindsay Langholz, Senior Director of Pol...
Episode 163: Ch-Ch-Ch-Changes: How Trump Will Move To Roll Back Protections Under Federal Law 10.12.2024 50:56
Bethany Davis Noll, Executive Director of The State Energy & Environmental Impact Center, joins Valerie Nannery to talk about how a second Trump Administration will move to roll back federal regulations, how he harnessed previously low-profile tools to roll back regulations during his first term in office, and how this changed the way the Biden Administration approached regulatory changes. Joi...
Episode 162: The Threat of a National Abortion Ban in All but Name 26.11.2024 31:18
How might a Trump administration effectively ban abortion without actually signing a national abortion ban into law? Abortion advocates are sounding the alarm over a 1873 law known as the Comstock Act. Lindsay Langholz joins Christopher Wright Durocher to take a critical look at this zombie law - why it was passed, how it has historically been used, and how an incoming Trump administration might...
Episode 161: Can’t Stop. Won’t Stop. Judicial Confirmations Post-Election 12.11.2024 21:49
The 2024 presidential election is behind us. Now, the second Trump administration looks poised to pick up where the first left off in its effort to reshape the federal judiciary in the conservative legal movement’s image. ACS President and former U.S. Senator Russ Feingold joins Christopher Wright Durocher to discuss prospects for the current Senate to confirm President Biden’s remaining judicial...
Episode 160: What to Expect When You're Expecting Election Results 29.10.2024 41:22
In the days after Election Day 2020, mis- and disinformation over how votes are counted, verified, and results certified fueled political violence and the birth of the Big Lie. Ahead of Election Day 2024, Jonathan Diaz joins Lindsay Langholz to discuss what election law experts are actually focused on once the polls close and what is just noise. Join the Progressive Legal Movement Today: ACSLaw.o...
Episode 159: The Relationship Between Guns and Democracy 15.10.2024 58:28
From the January 6th attack on the Capitol to recent assassination attempts on former President Donald Trump, political violence and intimidation pose a growing threat to our democracy. Taonga Leslie brings an excerpt from a recent ACS program co-hosted by Giffords Law Center and March for Our Lives featuring a discussion among advocates and legal scholars on the causes of rising political violenc...
Episode 158: The Start of a New SCOTUS Term and the End of the 2024 Election 01.10.2024 1:04:10
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 La...
Episode 157: The Case for Court Reform 17.09.2024 39:35
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,...
Episode 156: Protecting Workers on Labor Day and Every Day 03.09.2024 57:51
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 Nan...
Episode 155: Livin' On a Prayer As States Push Church Into Classrooms 20.08.2024 57:31
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 Prog...
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