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 Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik Guest: Lindsay Langholz, Senior Director of Policy and Program, ACSLink: Former Arizona Gov. Doug Ducey says the abortion ruling from justices he chose goes too far by Mead Gruver Link: Mississippi Keeps the Door Firmly Shut on Ballot Initiatives by Daniel Nichanian Link: The Shadow Medical Community Behind the Attempt to Ban Medication Abortion by Jordan Smith Link: After Roe Fell: Abortion Laws by StateVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 Sherman of CREW about what the Court's decision in Trump v. Anderson, the ballot disqualification case, means for this ongoing pursuit of accountability. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Donald Sherman, Executive Vice President and Chief Counsel, CREWLink: American Historians' Brief Link: Childrens' Rights Legal Scholars and Advocates Brief Link: Colorado lawsuit enforcing Donald Trump's unconstitutional disqualification, CREWVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice for ACSGuest: Sarah Luppen Fowler, Senior Deputy General Counsel, SAG-AFTRA (affiliation included for identification purposes only)Link:  Human Artistry CampaignLink: CES Tech Talk: SAG-AFTRA Strike's Impact on AI and Hollywood's Future Link: "Senators draft policy aimed at deep fakes of Drake, Tom Hanks and noncelebrities" by Brian Contreras Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 the Law Fails Women and What to Do About It," about how misogyny informs our legal system and our social structures.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Julie Suk, Hon. Deborah A. Batts Distinguished Research Scholar and Professor of Law, Fordham University School of LawLink: After Misogyny: How the Law Fails Women and What to Do About It by Julie Suk Link: "French Senate votes to enshrine abortion in constitution, a world first" by Karla Adam Link:  "Ireland kickstarts vote on constitution's wording about women and family" by Rory CarrollVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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" explains to Taonga Leslie why economic compensation alone will not be sufficient to heal the scar of anti-Black racism and explains the six other forms of compensation that will be necessary to bring about true justice.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Taonga LeslieGuest: Marcus Hunter, Scott Waugh Endowed Chair in the Division of the Social Sciences, UCLALink: Radical Reparations: Healing the Soul of a Nation by Marcus HunterLink: The Case for Reparations by Ta-Nehisi CoatesLink: 40 Acres and a MuleVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 speaks with Professor Alexander Keyssar about how the Founders designed the process by which we elect presidents, the problems encountered along the way, and the many, many attempts at reform.Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Alexander Keyssar, Harvard Kennedy SchoolLink: Why Do We Still Have the Electoral College? by Alexander KeyssarLink: Why the Electoral College is Bad for America by George C. Edwards III  Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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, and the sweeping consequences that could unfold if the Court opts to overrule it. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic JusticeGuest: Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental LawLink:  SCOTUS Oral Argument in Relentless, Inc. v. Department of CommerceLink:  SCOTUS Oral Argument in Loper Bright Enterprises, Inc. v. RaimondoLink: Yale Journal of RegulationVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice Link:  Oral Argument in Campos-Chaves v. GarlandLink:  Oral Argument in Wilkinson v. GarlandLink: "Beyond Crisis Narratives," by Monika Y. LangaricaVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 and the challenge for the Senate to confirm 70  judges in 12 months.  Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Russ Feingold, ACS PresidentLink: "To Do List for 2024: 70 Judges in 12 Months" by Russ FeingoldLink:  "Red Courts, Blue Courts," by Mark A. LemleyLink: "Supreme Court to Hear Momentous Case on Whether Trump Can Hold Office," by Adam LiptakVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Lindsay Langholz, ACS Sr Director of Policy and ProgramLink: "Court won’t expedite ruling on Trump’s immunity claim," by Robert BarnesLink: Master Calendar of Trump Court Dates: Criminal and Civil Cases, by Just SecurityLink: "Court to weigh in on scope of law used in Jan. 6 prosecutions," by Amy HoweVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Craig Mastantuono, Partner, Mastantuono, Coffee & ThomasGuest: Neal Sarkar, Special Assistant County Attorney, Office of the Harris County Attorney Link: Support ACSLink: "Wisconsin leader pivots, says impeachment of state Supreme Court justice over redistricting unlikely," by Scott BauerLink: Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration LawVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic JusticeGuest: Catherine Fisk, Professor of Law, Berkeley Law Link: "U.A.W. Announces Drive to Organize Nonunion Plants," by Neal E. Boudette Link: "Actors and studios make a deal to end Hollywood strikes," by Mandalit del BarcoVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 AI-generated content is protected by the First Amendment. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy Guest: Mark A. Lemley, William H. Neukom Professor of Law, Stanford Law School Link: "Red Courts, Blue Courts," by Mark A. Lemley Link: "Freedom of Speech and AI Output," by Eugene Volokh, Mark A. Lemley and Peter Henderson Link: Senate Roll Call Data on  President Biden's appointed judges Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org 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.

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 6th oral argument before the Colorado Supreme Court. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Donald Sherman, Senior Vice President and Chief Counsel, CREW Guest: Nikhel Sus, Director of Strategic Litigation, CREWLink: CREW's Colorado lawsuit enforcing Donald Trump’s constitutional disqualificationLink: "Why are U.S. courts afraid of the 14th Amendment? Because it’s radical," by Sherrilyn IfillVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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: ACSLaw.orgToday's Host: Jeanne Hruska, ACS Sr Advisor for Communications and StrategyGuest: Russ Feingold, ACS PresidentLink: "The Supreme Court Still Needs a Binding Code of Ethics," by Russ FeingoldLink: SCOTUS Code of ConductLink: "Red Courts, Blue Courts," by Mark LemleyLink: ACS Poll Worker PledgeVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow 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.

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 Progressive Legal Movement Today: ACSLaw.org Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice Guest: Marcus Childress, Special Counsel, Jenner & Block Link: Supreme Court decision in SFFA v. Harvard Link: Report and Recommendations of the New York State Bar Association Task Force on Advancing Diversity Link: Video of ACS's  program,  "Advancing Diversity, Equity, and Inclusion at Work in the Wake of SFFA" Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org 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.

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 (Giffords 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 comes to guns.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program Guest: Esther Sanchez-Gomez, Litigation Director, Giffords Law Center Link: Supreme Court Oral Argument in US v. Rahimi Link: GIFFORDS Law Center Amicus Brief in United States v. Rahimi Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org 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.

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: ACSLaw.org Today's Host: Lindsay Langholz , ACS Sr Director of Policy and Program Guest: Jessica Huseman, Editorial Director, VoteBeat Link: "The drive to hand count ballots is growing. The GOP could stop it," by Jessica Huseman Link: "Where an Obsession With Election Integrity Can Lead," by Jessica Huseman Link: Take the ACS Pledge: Become a Poll Worker Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org 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.

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 their jobs.” Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy Guest: Michael S. Kang, Class of 1940 Professor, Northwestern Pritzker School of Law Guest: Joanna M. Shepherd, Thomas Simmons Professor of Law, Emory University School of Law Link: "Free to Judge: The Power of Campaign Money in Judicial Elections," by Michael Kang and Joanna Shepherd Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org 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.

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 discuss why the situation in North Carolina should concern everyone who cares about judicial independence and achieving a judiciary that reflects the diversity of the public it serves. Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice Guest: Dawn Blagrove, Executive Director, Emancipate NC Link: "State Republicans Try to Remove Top Jurist for Mentioning the Existence of Racial Bias," by BILLY CORRIHER Link: "Civil rights advocates defend a North Carolina court justice suing over a probe for speaking out," by Gary D. Robertson Co-host Name: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org 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.