Show cover of Broken Law

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.

Tracks

In the final weeks of the 2025-2026 term, the Supreme Court will issue over two dozen decisions in key cases.  Before this final stretch, we return to ACS's Supreme Court Preview event to refresh our collective memories on those cases still outstanding and as an opportunity to reflect on what the term has yielded thus far.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Valerie Nannery, Senior Director of Policy and ProgramGuest: Mark Joseph Stern, Senior Writer, Slate MagazineGuest: Carlos A. Ball, Distinguished Professor of Law and Judge Frederick Lacey Scholar, Rutgers Law SchoolGuest: Alexis Hoag-Fordjour, David Dinkins '56 Professor of Law and Co-Director of the Center for Criminal Justice, Brooklyn Law SchoolGuest: Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director of the Supreme Court Litigation Clinic, Stanford Law SchoolGuest: Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar, Director of the Center for Immigrants' Rights Clinic, and Clinical Professor of Law, Penn State Dickinson LawLink:  ACS National Supreme Court Preview 2025-2026Link: Supreme Court Term in Review, Georgetown Law on July 1Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

6/9/26 • 80:24

Recent reporting suggests the President is flirting with issuing more blanket pardons for political allies and those willing to court his favor.  Liz Oyer joins Lindsay Langholz to discuss how the president's pardon power has been used (and abused) in recent years and to understand just how far outside the norms we have strayed.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Vice President of Policy and ProgramGuest: Liz Oyer of Lawyer Oyer, Former United States Pardon AttorneyLink: Justice Dept. Sets Up $1.8 Billion Fund That Could Funnel Money to Trump Allies, by Glenn Thrush, Andrew Duehren, & Alan FeuerLink: Trump Promises Mass Pardons to Staff Before Leaving Office, by Josh DawseyLink: Lawyer OyerLink: Register Here for ACS's 2026 National Convention  Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

5/26/26 • 28:31

It has been a tough few weeks for democracy.  The US Supreme Court's recent demolition of what remained of the Voting Rights Act, the Virginia Supreme Court's decision to trump the express will of Virginia voters to redraw congressional lines, and southern state legislatures racing to the bottom to strip Black voters of political power have weighed heavily on us all.  For our 200th episode, Joyce Vance joins Valerie Nannery to discuss her book, Giving Up Is Unforgivable: A Manual for Keeping a Democracy, and what it will take from all of us to save our democracy.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Valerie Nannery, Senior Director of Policy and ProgramGuest: Joyce Vance, Distinguished Professor of the Practice of Law, The University of Alabama School of Law; ACS Board MemberLink: Giving Up is Unforgivable: A Manual for Keeping a Democracy, by Joyce VanceLink: Civil Discourse with Joyce VanceLink: ACS 2026 National Convention details and registrationLink: Register Here for ACS's 2026 National Convention  Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

5/12/26 • 39:18

As ACS staff prepares for our 2026 National Convention in Washington, DC, we invite you to revisit two highlights of our 2024 convention for a little inspiration and encourage you to join us for this year's event if you are able.  Judge Carlton Reeves (S.D. Miss.) and then-New Jersey Attorney General Matt Platkin delivered remarks on the legacy of Brown v. Board of Education, the role attorneys and law students can play as social engineers, and being a hero for democracy.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Vice President of Policy and ProgramGuest: Hon. Carlton Reeves, District Judge, Southern District of Mississippi; Chair, U.S. Sentencing CommissionGuest: Matt Platkin, 62nd Attorney General of New Jersey; Partner, Platkin LLPLink: Register Here for ACS's 2026 National Convention  Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

4/28/26 • 47:07

Since January 2025, the District of Columbia and its more than 700,000 residents have been under near-constant attack by both the Executive and Legislative branches of the federal government. The federal officials attempting to control the District through legislative action and physical force are not elected by D.C. residents and are not accountable to them. Keya Chatterjee joins Broken Law to describe what has been happening, why everyone should care, and how people are fighting for the right of the people of D.C. to govern themselves.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Valerie Nannery, Senior Director of Policy and ProgramGuest: Keya Chatterjee, Executive Director, Free DCLink: May Day DCLink: Anti-DC Congressional Bills Attempt Federal Takeover of DC Criminal Justice and Home Rule, Maryland State & DC AFL-CIOLink: Putting D.C. in the Chain of Command: Congress Should Reform the DC National Guard’s Outdated and Dangerous Command Structure, by Elizabeth GoiteinVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

4/14/26 • 39:19

The Roberts Court has recently used its docket to indulge in growing antidemocratic tendencies, collecting power for itself as it shuts the courthouse doors on those seeking to vindicate their constitutional rights and uphold checks and balances.  David Sloss joins Lindsay Langholz to discuss his new book, People v. The Court: The Next Revolution in Constitutional Law, and how power might be rebalanced through a change in judicial review standards.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Vice President of Policy and ProgramGuest: David Sloss, John A. and Elizabeth H. Sutro Professor of Law, Santa Clara University School of LawLink: People v. The Court: The Next Revolution in Constitutional Law, by David SlossLink: The Roberts Court's Assault on Democracy, by Judge Lynn Adelman Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

3/31/26 • 48:43

What trust remains in antitrust enforcement under the Second Trump Administration?  Diana Moss joins Lindsay Langholz to discuss the Nexstar-Tegna merger, what impact the deal would have on consumers, and why the politicization of regulatory bodies like the FCC threatens due process and the rule of law.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Vice President of Policy and ProgramGuest: Dr. Diana Moss, Vice President and Director of Competition Policy, Progressive Policy InstituteLink: The Nexstar-Tegna Merger Will Raise Your Cable Bill, and Then Some, by Diana MossLink: Resisting the Politicization of Antitrust and Regulation, by Diana Moss Link: Competition, Progressive Policy InstituteVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

3/17/26 • 37:59

Katie Gima and Jess Zalph join Ashley Erickson to discuss ACS's Constitution in the Classroom program, including a look at newly released curriculum entitled "Separation of Church and State and the U.S. Constitution" and how to bring this important piece of civic education to a classroom near you.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Ashley Erickson, Senior Director of Network AdvancementGuest: Katie Gima, Senior Director of Legal Programs & Networking, Americans United for Separation of Church and StateGuest: Jess Zalph, Constitutional Litigation Fellow, Americans United for Separation of Church and StateLink: Constitution in the ClassroomLink: Elementary School Lesson PlanLink: Middle School Lesson PlanLink: High School Lesson PlanVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

3/3/26 • 36:05

Kim Lane Scheppele joins Valerie Nannery to discuss how America’s slide into autocracy is similar to and different from autocratic shifts around the world, how far America is on the path to autocracy, and what we can all do to stop the descent. Join the Progressive Legal Movement Today: ACSLaw.orgHost: Valerie Nannery, Senior Director of Policy and ProgramGuest: Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs & Director of the Program in Law and Normative Thinking at the University Center for Human Values, Princeton University Link: Autocratic Legalism, by Kim Lane ScheppeleLink: Trump’s Counter Constitution, by Kim Lane ScheppeleLink: The ‘Big Lie’s’ Autocratic Assault on the Rule of Law: Attorneys Can Stop It, by Jim SaranteasLink: Become a Poll WorkerVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

2/17/26 • 58:10

Lindsay Langholz is joined by ACS San Diego Lawyer Chapter leaders Kevin Gregg and Emily Howe to discuss immigration cases making their way through federal courts, who gets to decide who is an American, what protection citizenship or legal status provides, and what it is like to be on the front lines of defending American democracy.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Kevin Gregg, Partner, Kurzban Kurzban Tetzeli & Pratt, P.A. and ACS San Diego Lawyer Chapter LeaderGuest: Emily Howe, Principal, Law Offices of Emily E. Howe and ACS San Diego Lawyer Chapter LeaderLink: The American adoptees who fear deportation to a country they can't remember, by George WrightLink: Immigration Review Podcast, hosted by Kevin A. GreggLink: ACS National Convention 2026 Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

2/3/26 • 44:39

The rights protected by the First Amendment to the U.S. Constitution are essential for the proper functioning of a responsive democracy.  As we mark the end of the first year of the Second Trump Administration, Nora Benavidez joins Lindsay Langholz to take stock of the effects of a year-long assault on free speech and discuss her recent report, Chokehold: Donald Trump's War on Free Speech & the Need for Systemic Resistance.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Nora Benavidez, Senior Counsel and Director of Digital Justice and Civil Rights, Free PressLink: Chokehold: Donald Trump’s War on Free Speech & the Need for Systemic ResistanceLink: I Counted Trump’s Censorship Attempts. Here’s What I Found., by Nora BenavidezLink: Defending Academic Freedom, Episode 175 of Broken Law Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

1/20/26 • 56:04

Introducing ACS's New President!  Phil Brest joins Lindsay Langholz to discuss his background in judicial nominations, the perspective he brings to his new role, and the political moment we all find ourselves in as he takes the helm at ACS.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Phil Brest, President of ACSLink: ACS National Convention 2026 Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

1/6/26 • 28:18

From detaining student protesters to threatening to deport rival politicians, President Trump has weaponized the immigration system to suppress dissent. Professor Alina Das and advocate Ramya Krishnan join Taonga Leslie to discuss how these attacks chill speech across the board, examine the unique challenges of defending free speech in the immigration context, and describe how lawyers can resist efforts to silence non-citizens and citizens alike.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Alina Das, James Weldon Johnson Professor & Co-Director of the Immigrant Rights Clinic, NYU LawGuest: Ramya Krishnan, Senior Staff Attorney, Knight First Amendment Institute; Lecturer in Law, Columbia Law SchoolLink:  Opinion, AAUP v. Rubio (Judge Young)Link: The First Amendment in Flux, ACS Program GuideLink: Rights Under Attack: DHS Violence Against Journalists, Observers, and ProtestorsVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

12/23/25 • 53:41

This fall, the Department of Homeland Security descended on the Greater Chicago area as part of an aggressive immigration enforcement campaign targeting Democratic-run cities.  Scott Sakiyama joins Lindsay Langholz to discuss his experiences organizing and engaging in efforts to combat authoritarian tactics used by federal agents, what activists in other cities can learn from Chicago, and the importance of taking action now.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Scott Sakiyama, Oak Park, Ill. Attorney and ActivistLink: Oak Park attorney arrested near school says federal agents pointed gun at him, had ‘Chiraq Team 2’ group chat, by Rebecca Johnson Link: Order and Opinion, Chicago Headline Club v. Noem (Judge Ellis)Link: Volunteer patrols and the PTA at school entrances: How some Charlotte residents are mobilizing amid the immigration crackdown, by Dalla Faheld, Andy Buck, & Dianne Gallagher   Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

12/9/25 • 45:37

Indigenous communities are often invited to participate in the conversation about access to their sacred sites but rarely do their interests prevail. Time and again, their input is received and yet made subordinate to competing interests from corporate powers, scientific pursuits, and even recreation.  Michalyn Steele joins Lindsay Langholz to discuss how the law could be changed to reorder existing values and give greater weight to Indigenous interests in sacred sites.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Michalyn Steele, Marion G. Romney Professor of Law, BYU LawLink: The Native American Graves Protection and Repatriation Act as a Model of Cultural Sovereignty for Protecting Indigenous Sacred Sites, by Michalyn SteeleLink: Rethinking Protections For Indigenous Sacred Sites, by Stephanie Hall Barclay and Michalyn Steele Link:  Indigenous Resilience, by Michalyn SteeleLink: Supreme Court spurns Native American religious claim over copper mine on sacred land, by Lawrence HurleyLink: Native American Rights FundVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

11/25/25 • 52:28

President Trump is currently remodeling a house that he does not seem keen to move out of when his lease is up.   Donald Sherman of CREW joins Lindsay Langholz to discuss the threat of Trump seeking a third term, and why in spite of clear constitutional text, history cautions us to take the threat seriously.  They examine the clear text of the 22nd Amendment, the fight over ratification in the states, and why that all matters now.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Donald Sherman, Executive Director and Chief Counsel, CREWLink: 2 presidential terms, 41 states: the ratification of the 22nd Amendment, CREWLink: Remarks of Rep. Jennings, Congressional Record (852-853)Link: A Third Trump Term Is Not the Charm, by Jamelle BouieLink: Presidential Term Limits in American History, by Michael KorziVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

11/11/25 • 42:59

Right-wing operatives continue to target diversity, equity, and inclusion programs. Through a growing web of hostile executive orders, state bans, and private lawsuits, enemies of diversity are using law to chill discussion of race, gender, sexuality, and other "divisive" concepts. In the face of these attacks, diversity defenders are turning to the First Amendment — and in many cases, they are winning. Taonga Leslie is joined by practitioners from across the country to explore strategies for using First Amendment principles and precedent to strengthen DEI programs going forward and highlight recent wins.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Katy Youker, Director, Economic Justice Project, Lawyers' Committee for Civil Rights Under Law (Chicago Women in Trades v. Trump)Guest: Lawrence Lustberg, Director, John J. Gibbons Fellowship in Public Interest & Constitutional Law, Gibbons P.C. (Saadeh v. New Jersey State Bar Association)Guest: Robert McDuff, Director of the George Riley Impact Litigation Initiative, Mississippi Center for Justice (Jackson Federation of Teachers v. Fitch)Link: The First Amendment in Flux, ACS 2025-2026 Program GuideLink: Using the First Amendment to Uphold DEI Initiatives, by Christopher Lucca and Vanessa HuberLink: Protecting Our PurposeLink: The Legal DEI ProjectVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

10/28/25 • 53:38

In the midst of an all-out assault on the rule of law, many are seeking opportunities to get involved in their communities to fight for our democracy.  We've heard from members of our network who are interested in running for office or are considering for the first time finding their way to elected service.  Rebecca Dussich of Buckeye Justice Forum joins Lindsay Langholz to discuss the impact of downballot elected officials, particularly judicial officials, and what potential candidates should consider as they approach a possible run for office.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Rebecca Dussich, State Director, Buckeye Justice ForumLink: Running for Office, ACSLink: Buckeye Justice Forum Link: Find Your Ballot, Vote411Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

10/14/25 • 54:05

After a very active summer on the emergency docket, the Supreme Court is set to begin a new term.  Christopher Wright Durocher and Taonga Leslie join Lindsay Langholz to break down several important cases on the Court's merits docket, including those focused on LGBTQ+ rights, free speech, immigration, voting rights, and more.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest:  Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Taonga Leslie, Director of Policy and Program for Racial Justice, ACSLink: Brief of Amici Curiae National Women's Law Center and 51 Additional Organizations, B.P.J. v. West Virginia State Bd. of Ed. (4th Cir.)Link: The First Amendment in Flux, ACS 2025-2026 Program GuideLink: Episode 180: The Voting Rights Act at 60Link: Concurring Opinion, Hilo Bay Marina v. State of Hawai'iVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

9/30/25 • 62:31

This week on Broken Law, we are circling back on stories we've previously covered, providing updates you may have missed before we head into a new SCOTUS term and a new academic year.  Lindsay Langholz and Christopher Wright Durocher bring you the latest on Harvard's lawsuit against the Trump Administration, Federal Reserve Governor Lisa Cook's purported termination, the conservative majority's continuing and egregious misuse of the Supreme Court emergency docket, and how the federal government and states are handling death row cases.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest:  Christopher Wright Durocher, Vice President of Policy and ProgramLink: Harvard College v. HHS (D. Mass.)Link: Appeals court judges publicly admonish Supreme Court justices: ‘We’re out here flailing,' by Josh Gerstein and Kyle CheneyLink: Judge temporarily blocks Trump's firing of Federal Reserve governor Lisa Cook, by Steve Kopack Link: Noem v. Vasquez PerdomoLink: Mid-Year Review 2025: New Death Sentences Remain Low Amidst Increase in Executions, Death Penalty Information CenterVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

9/16/25 • 15:57

The Trump administration has sought to advance its extreme and often unlawful agenda through the strategic use and abuse of the law and legal system, including Executive Orders targeting law firms and litigation and misconduct complaints against district court judges. While some lawyers and courts are holding the administration accountable, others are quick to capitulate. Mark Lemley joins Christopher Wright Durocher to talk about the administration’s abuse of the law and legal system and what can be done to stop it. Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Mark Lemley, William H. Neukom Professor of Law and Director of the Program in Law, Science and Technology, Stanford Law School; Partner, Lex Lumina, LLPLink: Amicus Brief of 676 Law Professors in Support of Plaintiff, WilmerHale v. U.S. Dep’t of Just., 25-cv-917 (Apr. 11, 2025)Link: As July 4 Approaches, Supreme Court Signs Away American Democracy, by Mark LemleyVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

9/2/25 • 47:55

Over the past few years, no technological development has been more discussed than the rise of artificial intelligence and machine learning. AI is changing how we work, how we make art, and even how we access healthcare. Jennifer Oliva joins Taonga Leslie to explore the ways AI and algorithms are being used to restrict access to healthcare nationwide and how lawyers and patients can advocate for greater fairness and transparency.   Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Jennifer Oliva, Professor of Law and Val Nolan Faculty Fellow, Indiana University Maurer School of Law Link:  Jennifer Oliva, How Artificial Intelligence Controls Your Health Insurance Coverage, The Conversation, (June 20, 2025).Link: T. Christian Miller, et al., Not Medically Necessary”: Inside the Company Helping America’s Biggest Health Insurers Deny Coverage for Care, ProPublica (Oct. 23, 2024).  Link: Benefits Tech Advocacy Hub Link: TechTonic Justice Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

8/19/25 • 46:19

Sixty years ago, Lyndon B. Johnson signed into law one of the most transformative bills in United States history - the Voting Rights Act of 1965.  Michael Li joins Lindsay Langholz to take stock of the VRA's impact on American democracy, the real wins pro-democracy advocates are still able to achieve in spite of an increasingly hostile Supreme Court, and what the future holds for this critical law.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Michael Li, Senior Counsel, Brennan Center for JusticeLink: Growing Racial Disparities in Voter Turnout, 2008–2022, Brennan Center for JusticeGuest: A New Cycle of Texas Gerrymandering: Your Questions Answered, Bolts MagazineGuest: The Supreme Court Just Signaled Something Deeply Disturbing About the Next Term, by Rick HasenGuest: The John R. Lewis Voting Rights Advancement Act Fact Sheet, The Brennan Center for JusticeVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

8/5/25 • 45:44

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.  Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Aura Bogado, Senior Reporter, Injustice WatchGuest: Alina Das, James Weldon Johnson Professor & Co-Director of the Immigrant Rights Clinic, New York University School of LawGuest: Marina Multhaup, Senior Associate, Barnard Iglitzin, & Lavitt LLP (Counsel for Starbucks United)Guest: Kylar W. Broadus, Diversity, Equity & Inclusion, Public Speaker, Strategist, Legislative, Policy, ManagementGuest: William McGinty, Assistant Attorney General, Washington State Office of the Attorney GeneralGuest: Dawn Blagrove, Executive Director, Emancipate NCLink: Then They Came for Me: Protecting Our Neighbors and OurselvesLink: Resisting Oligarchy + Building Power Link: Combatting a Campaign of Erasure: Upholding the Rights of Trans People to Exist and ThriveLink: Power PlaysVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

7/22/25 • 26:03

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.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Valerie Nannery, Senior Director of Policy and ProgramLink: John Roberts’ Anti-Trans Opinion Is a Garbled Mess. It’s Easy to See Why., by Mark Joseph SternLink: Supreme Court Rules Some Americans Have a Constitutional Right to Insist on Theocracy, by Heidi Li FeldmanLink: Don’t Let Trump Erase Immigrants from the Citizenship Clause, by Taonga LeslieLink: SCOTUS allows Trump admin to deport people to random countries with no notice, by Chris GeidnerVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

7/8/25 • 69:52

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Lindsay Langholz, Senior Director of Policy and Program, ACSLink: When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller, by Joseph Blocher and Reva SiegelLink: Episode 159: The Relationship Between Guns and DemocracyLink: Proud Boys’ lawsuit is legally weak — but Trump’s DOJ will likely just surrender, by Shan WuLink: Good Trouble Lives On - July 17thVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

6/24/25 • 56:33

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 how far the president is allowed to go when it comes to control over independent agencies.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Peter Shane, Distinguished Scholar in Residence and Adjunct Professor of Law, New York University School of Law; Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at The Ohio State University Moritz College of Law.Link:  Litigation Tracker: Legal Challenges to Trump Administration Actions, Just SecurityLink:  LawfareLink: Does Evidence Matter? Originalism and the Separation of Powers, by Cass SunsteinLink: The Supreme Court's Fed Carveout: An Initial Assessment, by Lev MenandVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

6/10/25 • 52:12

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's attacks on higher education and how the academy can defend its independence.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Andrew Manuel Crespo, Morris Wasserstein Public Interest Professor of Law at Harvard University and General Counsel of AAUP-Harvard Faculty ChapterLink: Complaint, AAUP-Harvard v. United States Dept. of JusticeLink: Federal Workers Legal Defense NetworkLink: ACS National Convention SeriesVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

5/27/25 • 61:53

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 those plans.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Mary Ziegler, Martin Luther King Jr. Professor of Law, UC Davis School of LawLink: Personhood: The New Civil War over Reproduction, by Mary ZieglerLink: Trump’s New Abortion Pill Decision Was a Big Surprise. Here’s What It Really Means., by Mary ZieglerLink: Pregnancy JusticeVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

5/13/25 • 32:16

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 Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and Program, ACSGuest: Christopher Wright Duroocher, Vice President of Policy and Program, ACSGuest: Valerie Nannery, Senior Director of Policy and Program, ACS Guest: Taonga Leslie, Director of Policy and Program for Racial Justice, ACSGuest: Senger Joseph, Associate, ACSLink: Litigation Tracker: Legal Challenges to Trump Administration ActionsLink: Rise Up Federal Worker Legal Defense NetworkLink: ACS Notice and Comment ProjectLink: May Day 2025 EventsVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Bluesky | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.-----------------Production House: Flint Stone MediaCopyright of American Constitution Society 2025.

4/29/25 • 63:23