Broken Law

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 of this election contest, the courts who have and will be hearing the case, and what it could mean for the rest of the country.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and Program Guest: Lindsay Langholz, Senior Director of Policy and Program, ACSLink: Griffin v. State Board of Elections Case Tracker, State Court ReportLink: Justice Earls' Opinion, Griffin v. State Board of ElectionsLink: North Carolina’s ongoing descent into authoritarianism, by Melissa Price KrommVisit 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 2025.

4/15/25 • 36:22

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.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Kate Huddleston, Senior Legal Counsel, Campaign Legal CenterLink: Litigation Tracker: Legal Challenges to Trump Administration Actions Link: CLC Sues to Stop Elon Musk and DOGE’s Lawless, Unconstitutional Power Grab, Kate Huddleston & Maha QuadriLink: Cases and Actions: Japanese American Citizens League v. Musk, Campaign Legal CenterVisit 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 2025.

4/1/25 • 27:41

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 Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Hirsh Joshi, Attorney and Patrick O’Reiley Legal Fellow, Freedom From Religion FoundationLink: Episode 155: Livin' On a Prayer As States Push Church Into Classrooms featuring Elizabeth CavellLink: We Dissent Podcast Link: Brief of the Freedom From Religion Foundation as Amicus Curiae in Catholic Charities Bureau v. Wisconsin Labor & Industry Review CommissionVisit 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 2025.

3/18/25 • 48:39

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.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law School Link: More than 950 Law Scholars Sound Alarm on Constitutional Crisis Link: “We Believe We Are in a Constitutional Crisis”: Law Professors and Law Teachers Stand Against Administration's Illegal and Unconstitutional Actions  Link: Why Shouldn’t the President Be Able to Fire Who He Wants in the Executive Branch?, by Shirin AliVisit 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 2025.

3/4/25 • 38:38

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 of anti-immigrant actions and what they mean for our civil and constitutional rights more broadly.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Ana Raquel Minian, Associate Professor of History, Stanford UniversityGuest:  Amanda Frost, David Lurton Massee, Jr., Professor of Law, University of Virginia School of LawLink: Immigrant Defense Project Link: Welcome.USLink: How to Talk About Immigration in Divisive Times, by Beth HallowellVisit 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 2025.

2/18/25 • 41:51

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: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Gautam Hans, Clinical Professor of Law and Director of the Civil Rights and Civil Liberties Clinic, Cornell Law SchoolLink: Brief of First Amendment and Internet Law Professors, TikTok v. GarlandLink: How Samuel Alito got canceled from the Supreme Court social media majority, by Joan BiskupicLink: ACS Supreme Court Preview 2024-2025Visit 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 2025.

2/4/25 • 42:52

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 state of play as we enter a second Trump Administration, and potential opportunities for individuals and companies to be doing more.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: David Glasgow, Executive Director, Meltzer Center for Diversity, Inclusion, and BelongingLink: What Trump’s Second Term Could Mean for DEI, by by Kenji Yoshino, David Glasgow, and Christina Joseph Link: Advancing DEI Initiative, Meltzer Center for Diversity Inclusion and Belonging Link: Anti-DEI Legislation Tracker, Council on Social Work EducationLink:  American Pride RisesVisit 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 2025.

1/21/25 • 38:53

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.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Mark Tushnet, William Nelson Cromwell Professor of Law, Emeritus, Harvard Law SchoolLink: Who Am I to Judge? Judicial Craft Versus Constitutional Theory, by Mark Tushnet Link: Red, White, and Blue: A Critical Analysis of Constitutional Law, by Mark Tushnet Link: How to Interpret the Constitution Using a "New Pragmatism," by Mark KendeVisit 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 MediaCopyright of American Constitution Society 2025.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2025.

1/7/25 • 40:36

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.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramHost: Christopher Wright Durocher, Vice President of Policy and Program, ACSHost: Valerie Nannery, Senior Director of Policy and Program, ACSGuest: Joshua Perry, Author and Former Connecticut Solicitor GeneralLink: After Misogyny: How the Law Fails Women and What to Do about It, by Julie Suk Link: Entitled: How Male Privilege Hurts Women, by Kate Manne Link: Our Nation at Risk: Election Integrity as a National Security Issue, edited by Julian E. Zelizer and Karen J. Greenberg Link: Rot and Revival: The History of Constitutional Law in American Political Development, by Anthony Michael KreisLink: The Court v. The Voters, by Joshua Douglas Link: Seraphim, by Joshua PerryLink: Vision: A Memoir of Blindness and Justice, by Hon. David TatelLink: Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration, by Rachel BarkowLink: Who Am I to Judge?: Judicial Craft versus Constitutional Theory, by Mark TushnetVisit 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 2025.

12/24/24 • 33:41

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.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Valerie Nannery, Senior Director of Policy and Program at American Constitution SocietyGuest: Bethany Davis Noll, Executive Director, State Energy & Environmental Impact Center, NYU School of LawLink: Regulation in Transition, by Bethany Davis Noll and Richard L. Revesz Link: Presidential Transitions: The New Rules, by Bethany Davis Noll and Richard L. ReveszLink: Tired of Winning: Judicial Review of Regulatory Policy in the Trump Era, by Bethany Davis NollLink: Special Solicitude" or "Special Hostility?": Where State Standing in Environmental Litigation Stands 17 Years After Massachusetts V. EPA, by Michael J. Myers and Turner SmithLink: ACS’s Notice & Comment ProjectVisit 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 MediaCopyright of American Constitution Society 2024.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2025.

12/10/24 • 50:56

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 take advantage of this dusty section of the United States Code.  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: Trump Allies Plan New Sweeping Abortion Restrictions, by Lisa Lerer and Elizabeth Dias Link: Ten Actions Dems Can Take to Protect Abortion Before Trump Takes Office, by Jessica ValentiLink: Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It, by Reva Siegel and Mary ZieglerVisit 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 2025.

11/26/24 • 31:18

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 nominees to mitigate the damage of more Trump-appointed judges and to discuss what progressives can do about the courts right now and over the next four years.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Christopher Wright Durocher, Vice President of Policy and ProgramGuest: Russ Feingold, ACS PresidentLink: Judicial Nominations, ACS Link: On the Bench: Tracking President Biden's Judicial Nominations, ACSLink: ACS Pledges to Continue Fight for Rule of Law and Progressive CommunityVisit 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 2025.

11/12/24 • 21:49

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.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Jonathan Diaz, Director of Voting Advocacy and Partnerships, Campaign Legal CenterLink: Find Your Polling Place, Vote.org Link:  Everything You Need to Vote, Vote.orgVisit 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 2025.

10/29/24 • 41:22

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 violence, the stakes of the 2024 election, and how progressives can support positive change.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Joseph Blocher, Lanty L. Smith ’67 Distinguished Professor of Law, Duke University School of LawGuest: Makennan McBryde, Legal Project Manager, Giffords Law CenterGuest: Mary McCord, Executive Director, Institute for Constitutional Advocacy and Protection, Georgetown University Law CenterGuest: Yvin Shin, Legal Associate, March for Our LivesLink: "Guided By History: Protecting the Public Sphere From Weapons Threats Under Bruen," by Joseph Blocher and Reva Siegel Link: Become a Poll WorkerLink: Election Protection Sign-UpLink: Election Official Legal Defense Network Sign-UpVisit 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 2025.

10/15/24 • 58:28

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.orgHost: Lindsay Langholz, Senior Director of Policy and Program csacasGuest: Christopher Wright Durocher, Vice President of Policy and Program at ACSGuest: Ashley Erickson, Senior Director of Network Advancement at ACSGuest: Sylvia Albert, Director of Voting and Elections at Common CauseGuest: Eyricka Geneus, Election Protection Field Coordinator at Common CauseLink: ACS National Supreme Court Preview 2024-2025Link: The Shadow Docket by Stephen VladeckLink: ProtectTheVoteVisit 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 2025.

10/1/24 • 64:10

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.orgHost: Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Chris Kang, Co-Founder and Former Chief Counsel, Demand JusticeLink: "To Save Democracy, We Must Expand the Court," by Christopher Kang Link: "Supreme Court Term Limits," Brennan Center for Justice 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 2025.

9/17/24 • 39:35

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.orgHost: Valerie Nannery, Senior Director of Policy and Program at American Constitution SocietyGuest: Terri Gerstein, Director, NYU Wagner Labor Initiative, NYU Wagner Graduate School of Public ServiceLink: How Noncompete Agreements Stifle Workers, University of Maryland Robert H. Smith School of Business Link: Broken Law Episode 98: Unpacking the Child Labor Crisis Link: NYU Wagner Labor Initiative 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 2025.

9/3/24 • 57:51

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 Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Elizabeth Cavell, Deputy Legal Director, Freedom from Religion FoundationLink: Christian nationalism on the march by Russell Contreras, Axios Link: Praying coach's actions do not alter the Constitution by Elizabeth Cavell, Seattle Times Link: We Dissent Podcast 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 2025.

8/20/24 • 57:31

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 how aggressive the Court has become in delivering wins for the conservative legal movement and accumulating power for itself.Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Christopher Wright Durocher, Vice President of Policy and Program, ACSLink: Full Video: ACS National Supreme Court Review (2023-2024)Link: My Plan to Reform the Supreme Court and Ensure No President Is Above the Law by Joe Biden, Washington PostLink: Judicial Nominations, ACSVisit 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 2025.

8/6/24 • 46:36

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. Join the Progressive Legal Movement Today: ACSLaw.orgHost: Lindsay Langholz, Senior Director of Policy and ProgramGuest: Marta Hanson, National Program Manager, Power the PollsGuest: Ashley Erickson, Senior Director of Network Advancement, ACS  Link: Become A Poll Worker  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 MediaCopyright of American Constitution Society 2024.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2025.

7/23/24 • 30:19

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 Legal Movement Today: ACSLaw.orgHost:  Taonga Leslie, Director of Policy and Program for Racial JusticeGuest: Spencer Overton, The Patricia Roberts Harris Research Professor of Law and Faculty Director of the Multiracial Democracy Project, George Washington UniversityLink: Overcoming Racial Harms to Democracy from Artificial Intelligence by Spencer Overton Link: Multiracial Democracy Project, George Washington UniversityLink: A political consultant faces charges and fines for Biden deepfake robocalls by Shannon Bond, NPR Link: Trump supporters target Black voters with faked AI images by Marianna Spring, BBC Link: AI and Elections, Brennan Center for Justice 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 2025.

7/9/24 • 38:01

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 Progressive Legal Movement Today: ACSLaw.orgHost:  Valerie Nannery, Senior Director of Policy and ProgramGuest: Madiba Dennie, Author of "The Originalism Trap"Link: The Originalism Trap by Madiba Dennie Link: How Originalism Ate the Law, Slate  Link: Path to the Bench, ACS 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 2025.

6/25/24 • 49:40

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 Binczik speaks with Sandeep Vaheesan of Open Markets Institute about the competing views on the FTC’s and DOJ’s recent actions and what this period means for antitrust.Join the Progressive Legal Movement Today: ACSLaw.orgHost:  Elizabeth Binczik, Director of Policy and Program for Economic JusticeGuest: Sandeep Vaheesan, Legal Director, Open Markets Institute Link: Assistant Attorney General Jonathan Kanter Delivers Remarks at New York City Bar Association’s Milton Handler Lecture, US Dept. of Justice Link: Federal Trade Commission Link: Dara Kerr & Alina Selyukh, DOJ, FTC double down on their antitrust strategy, NPRVisit 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 2025.

6/11/24 • 39:09

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: ACSLaw.orgHost:  Lindsay Langholz - Senior Director of Policy and ProgramCo-Host: Claire Comey Guest: Anya Marino - Director of LGBTQI Equality, National Women's Law CenterGuest: Shiwali Patel - Director of Safe and Inclusive SchoolsLink: Education and Title IX, National Women's Law CenterLink: Hélène Barthélemy, How Men’s Rights Groups Helped Rewrite Regulations on Campus Rape, The NationVisit 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 2025.

5/28/24 • 37:56

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 bias in our criminal legal system. Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Christopher Wright Durocher, Vice President of Policy and ProgramFeatured Speaker: Elisabeth Semel, Chancellor’s Clinical Professor of Law and Co-Director of the Death Penalty Clinic, Berkeley LawLink: Guess Who's Coming to Jury Duty? Berkeley Law Death Penalty Clinic Link: Whitewashing the Jury Box, Berkeley Law Death Penalty ClinicLink: Batson v. KentuckyVisit 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 2025.

5/14/24 • 55:45

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.orgToday's Host: Lindsay Langholz, Senior Director of Policy and Program, ACSFeatured Speaker: Oren Nimni, Litigation Director, Rights Behind BarsFeatured Speaker:  Sherrilyn Ifill, Former President and Director Counsel, NAACP LDF; Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights, Howard UniversityLink: Register for ACS's 2024 National ConventionVisit 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 2025.

4/30/24 • 32:55

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 2025.

4/16/24 • 31:54

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 2025.

4/2/24 • 36:53

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 2025.

3/19/24 • 44:45

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 2025.

3/5/24 • 36:41