Broken Law

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...

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...

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...

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...

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...

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,...

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...

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...

In less than four years, President Biden has gone from a skeptic to proponent of significant reforms to the Supreme Court. Christopher Wright Durocher joins Lindsay Langholz to discuss how the Court’s recent decisions have played into the growing calls for reform and what proposals may be gaining traction. We also bring you excerpts of ACS’s 2023-2024 Supreme Court Review to better understand just...

In less than 100 days, voters all over the country will start heading to the polls as early voting begins in most states. Lindsay Langholz is joined by ACS’s Ashley Erickson and Power the Poll’s Marta Hanson to cut through the noise of the presidential race and talk about one concrete thing that can be done to help protect democracy this year and help restore faith in our election system long-term...

Artificial intelligence has burst onto the scene at a fragile time for our democracy, leading to many questions about how such a powerful tool can be harnessed to empower voters and election administrators while exposing vulnerabilities in our democratic structures. Taonga Leslie speaks with Spencer Overton about the potential racial harms and upsides of AI on our democracy. Join the Progressive L...

As we approach the end of another Supreme Court term where originalism has dominated opinion after opinion in furtherance of an extremist conservative ideology, a question once again arises - how should progressives interpret the Constitution? Madiba Dennie joins Valerie Nannery to discuss her new book, The Originalism Trap , and how progressives can reclaim what the Constitution means. Join the P...

Antitrust has escaped the business section and become a major topic of conversation in households across America. If you plan to attend a summer concert, buy groceries, or even listen to this episode on your phone, antitrust could have a real impact on your day-to-day life. Recent high-profile cases and notable agency actions have garnered commentary from supporters and skeptics alike. Elizabeth B...

The Biden Administration recently released a new rule that provides critical updates to Title IX. Lindsay Langholz and ACS Law Fellow Claire Comey speak with Anya Marino and Shiwali Patel about this important federal civil rights law, the contours of this new regulation, and the work still to be done to protect students of all gender identities on campus. Join the Progressive Legal Movement Today:...

Christopher Wright Durocher is joined by Professor Elisabeth Semel to talk about her recently released report, Guess Who’s Coming to Jury Duty? They discuss how too many courts don’t adequately track prospective jurors’ race and ethnicity and how the failure to take a race-conscious approach to jury selection and service results in the perpetuation of implicit, explicit, and institutional racial b...

This week on Broken Law, we revisit two moving speeches from ACS's 2023 National Convention. Oren Nimni and Sherrilyn Ifill explore the complicity of lawyers in maintaining our unjust legal system and the special responsibility we bear in creating a more just future. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, Senior Director of Policy and Progra...

Florida and Arizona state courts recently green lit restrictive abortion bans and the Supreme Court hears two cases that will have significant implications for how doctors and pregnant people navigate the post- Dobbs chaos.  Elizabeth Binczik and Lindsay Langholz discuss the latest abortion news and how these developments are interacting with this year's elections. Join the Progressive Legal...

The Supreme Court has taken up three cases that arise out of litigants seeking accountability for the violent events of January 6th. This month, the Court will hear arguments on former president Trump's presidential immunity claim and take a look at whether the law used to prosecute many January 6th participants was validly applied in one such prosecution. Lindsay Langholz speaks with Donald...

Artificial Intelligence has the potential to affect how work is performed across industries and, in particular, within media and entertainment. Elizabeth Binczik speaks with Sarah Fowler of SAG-AFTRA to get her thoughts on how AI could impact performers’ work, the current state of the law, and how we might protect performers and people in general from AI’s risks without sacrificing AI’s benefits....

International Women's Day will be celebrated on March 8th. It is a day to celebrate while also taking stock of women's rights here in the United States and abroad.  This year, we see a number of countries making significant strides toward reproductive freedom for women while the United States slides backwards. Lindsay Langholz speaks with Julie Suk, author of "After Misogyny: How th...

Under the banner of "40 acres and a mule," the movement for reparations for slavery and Jim Crow has gained momentum in recent years, with diverse efforts underway from big states like California and New York to smaller communities like Evanston, Illinois and Asheville, North Carolina. Marcus Hunter, author of the recently published "Radical Reparations: Healing the Soul of a Nation...

The Electoral College has shown significant flaws since its inception. Twice in the 21st Century, the national popular vote winner has not ultimately been elected President. The undemocratic nature of the institution has many asking why our system is built the way it is and what can be done to fix it. In this follow-up to Episode 137 ("Is the ECA Prepared for 2024?"), Lindsay Langholz sp...

The Supreme Court recently heard oral arguments in Loper Bright Enterprises and Relentless, Inc. , two cases that could see the Court overrule the Chevron doctrine, a 40-year-old precedent. Overruling Chevron could empower courts to redesign federal governance as we know it. Elizabeth Binczik speaks with Professor Andrew Mergen about what happened at the oral arguments, about the Chevron doctrine,...

The U.S. Supreme Court recently heard oral argument in the second of two big immigration cases this term. On this episode, Jeanne Hruska speaks with Taonga Leslie about the Supreme Court's track record on immigration, takeaways from the oral arguments in the relevant cases this term, and the potential impact on access to justice depending on how the Court rules. Join the Progressive Legal Mov...

Welcome to 2024! We are covering two topics poised to shape the new year. First, Jeanne Hruska catches up with Lindsay Langholz for the latest developments in efforts to keep Donald Trump off the ballot in various states and whether SCOTUS will finally step in. Jeanne then speaks with ACS President Russ Feingold to discuss where President Biden is on judicial appointments at the end of three years...