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.

Episodes

July 22, 2025 26 mins

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.  

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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.

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Host: Lindsay Langholz, Senior Director of Policy and Program, ACS

Guest: Christopher Wright Durocher, Vice President of Policy and Program

Guest: Tao...

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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.

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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 ...

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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 ...

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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.

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April 29, 2025 63 mins

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.

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Host: Lindsay ...

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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 court...

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April 1, 2025 27 mins

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. 

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Host: Lindsay Langholz, Senior Director of Policy and Program

Guest: Kate Huddles...

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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.

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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.

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Host: Christopher Wright Duro...

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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...

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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.

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Host: Lindsay Lan...

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January 21, 2025 38 mins

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 ...

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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.

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Host: Christopher Wright Durocher, Vice President of Policy and Program

Guest: Mark Tushnet, William Nelson Cromwell Profes...

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December 24, 2024 33 mins

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.

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Host: Lindsay Langholz, Senior Director of Policy and Program

Host: Christo...

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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.

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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 secti...

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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 ...

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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.

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Host: Lindsay Langholz,...

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