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In this episode of Passing Judgment, we engage in a thought-provoking discussion with retired Justice Stephen Breyer. Host Jessica Levinson delves into Breyer's critique of textualism, focusing on whether "costs" in legal contexts should include educational experts. The episode also touches on public trust in the judiciary, the role of the First Amendment, and the complexities of precedent. Breyer's engaging stories and reflections provide a comprehensive perspective on modern judicial challenges.
Here are three key takeaways you don't want to miss:
Critique of Textualism and Originalism: Breyer critiques the methodologies of textualism and originalism, which focus strictly on the text and original meaning of the law. He highlights the limitations of these approaches, given the evolving societal and political contexts since the laws were written.Pragmatism in Constitutional Interpretation: Advocating for a pragmatic approach, Breyer emphasizes the importance of interpreting the Constitution by considering historical context, consequences, and inherent values such as democracy and human rights. Supreme Court's Political Perception: Addressing public concerns about the Supreme Court's political influence, especially with the conservative supermajority appointed by Republican presidents, Breyer contends that legal analysis should be distinct from political thought.Follow Our Host:
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In this episode of Passing Judgment, Jessica Levinson tackles the controversial actions of Elon Musk, who has set up a lottery system pledging $1,000,000 a day to registered voters in swing states who sign a particular petition. Join us as we delve into the legal complexities and potential impacts of Musk's actions on the integrity of our democratic system.
Here are three key takeaways you don't want to miss:
Electoral Integrity and the Influence of Money: Jessica explores the risks and ethical concerns surrounding the influence of money on elections. She discusses the principle that elections should not be bought and the potential for wealthy individuals like Elon Musk to influence election outcomes through financial incentives. Historical Context of Federal Laws: The discussion includes the historical foundations of federal laws aimed at limiting the impact of money on elections. She references the 1925 federal law and subsequent legislation, including the Voting Rights Act of 1965, which both aim to prevent monetary inducements related to voting and voter registration.Legal Implications and Ethical Considerations: The episode delves into the legal nuances and potential federal law violations in Musk's actions. Jessica discusses how a judge might interpret these actions and the importance of maintaining the integrity of election systems by avoiding financial incentives that could influence voter behavior.Follow Our Host:
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In this episode of Passing Judgment, we welcome New York Times reporter Maggie Astor for her first podcast appearance, diving into her comprehensive comparison of Kamala Harris and Donald Trump’s policy positions. Jessica Levinson and Maggie explore key issues like abortion, climate change, democracy, crime policy, and the economy, highlighting the vast differences in each candidate’s approach.
Here are three key takeaways you don't want to miss:
1️⃣ Abortion Standpoints: Kamala Harris is pro-choice, a strong supporter of Roe v. Wade, and advocates for protective abortion rights legislation. Donald Trump supports overturning Roe v. Wade, state-level abortion restrictions, and has ambiguous positions on a federal abortion ban.
2️⃣ Democracy: Kamala Harris is committed to upholding the democratic process and respecting election outcomes, while Donald Trump's refusal to accept the 2020 results and unwillingness to acknowledge potential future losses has fueled skepticism about the legitimacy of the electoral process.
3️⃣ Climate Change Policy: Trump opposes major climate change initiatives, having withdrawn from the Paris Agreement and supporting expanded fossil fuel production, including coal and oil. Harris supports the Paris Agreement, advocates for renewable energy, and has backed legislation like the Inflation Reduction Act to combat climate change.
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In this episode of Passing Judgment, we dive into the key cases of the Supreme Court's 2024-2025 term. Jessica Levinson highlights an October 8th case on ghost guns and the ATF's regulatory powers, drawing parallels to a previous bump stock ruling. Additional cases discussed include the FDA's authority over flavored e-cigarettes, a Texas law's First Amendment challenges on adult age verification for online materials, and a lawsuit by the Mexican government against U.S. gun manufacturers. Jessica also previews potential cases related to post-election litigation and federal criminal charges against former President Trump.
Here are three key takeaways you don't want to miss:
1️⃣ Ghost Guns Case: The Supreme Court will hear a critical case regarding the regulation of ghost guns by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The core issue is whether this regulation should be within the executive agency's power or if it requires new congressional legislation.
2️⃣ Transgender Rights for Minors: A major case this term focuses on Tennessee's 2023 law prohibiting most gender-affirming medical treatments for minors. This case could set a precedent on how transgender status is viewed under the 14th Amendment's Equal Protection Clause.
3️⃣ FDA’s Authority on E-Cigarettes: The court will evaluate the power of the FDA in regulating flavored e-cigarette products. The decision hinges on whether the FDA's actions were "arbitrary and capricious" under the Administrative Procedures Act.
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In this episode of Passing Judgment, we delve into the recent federal indictment against New York City's mayor, Eric Adams. Jessica Levinson is joined by Eric Levenson, a senior writer for CNN Digital, who provides a comprehensive overview of Mayor Adams' background, the specifics of the charges, and the potential legal and political fallout. From his unique public persona and controversial political stances to the detailed allegations of bribery and campaign fraud, we unpack the complexities of this high-profile case.
Here are three key takeaways you don't want to miss:
1️⃣ Background of Eric Adams: Eric Adams, a former NYPD captain, Brooklyn borough president, and now mayor of New York City, is discussed. He has a mixed persona, presenting himself as a "tough on crime" candidate while also seeking to revitalize New York's nightlife.
2️⃣ The Indictment: Adams faces a federal indictment on charges including bribery, wire fraud, and solicitations of illegal campaign contributions from foreign nationals.
3️⃣ Adams’ Re-election Prospects: The indictment complicates his re-election campaign. Some politicians, like AOC, have called for his resignation, but others, including Governor Kathy Hochul, have been more cautious.
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@ejleven
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In this episode of Passing Judgment, political science professor Michael Genovese joins host Jessica Levinson to explore the complexities of predicting presidential elections, highlighting the electoral college's impact and the importance of swing states. Voter priorities on economic issues and the limitations of presidential power are also examined, alongside the role of media influence and hyperpolarization. Jessica and Michael dissect these intricate dynamics, the strategic significance of key battleground states, and the potential influence of celebrity endorsements on voter turnout in this episode of Passing Judgment.
Here are three key takeaways you don't want to miss:
1️⃣ Presidential Election Complexity: Genovese highlights the unique nature of U.S. presidential elections, describing them as 50 individual races due to the electoral college. Winning requires state-specific strategies, especially targeting battleground states like Pennsylvania, Wisconsin, and Michigan.
2️⃣ Economic Priorities and Presidential Power: Both Genovese and Levinson underscore that while the economy remains a top voter concern, the president's actual influence over economic conditions is limited.
3️⃣ Celebrity Influence on Young Voters: Additionally, the significant influence of social media on voter registration, particularly among younger demographics, is discussed.
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In this episode of Passing Judgment, host Jessica Levinson is joined by Gram Slattery from Reuters to delve into the recent presidential debate between Vice President Kamala Harris and former President Donald Trump. From Harris rattling Trump with strategic jabs to the contentious discussions on key issues like the economy and abortion, this episode unpacks the critical elements that could shape the upcoming election.
Here are three key takeaways you don't want to miss:
1️⃣ Kamala Harris's Strategic Advantage: Harris accomplished her primary goals by setting the tone right from the handshake and taking the initiative, which helped her keep Trump on the defensive through most of the debate.
2️⃣ Trump's Challenges on Economic and Cultural Issues: Despite Trump's perceived strength in economic issues, the discussions on the economy and immigration did not favor him. His diversion to unfounded claims about Haitian immigrants highlighted his inability to stick to impactful topics.
3️⃣ The Impact of Polarization: Despite the consensus that Harris won the debate, the polarized electorate and the scarcity of swing voters suggest that winning debates might not significantly shift the numbers.
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@LevinsonJessica
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In this episode of Passing Judgment, we engage with Maureen Groppe, who delves into the nuanced arena of Supreme Court reporting. Host Jessica Levinson probes into the personal dynamics among justices, leading Maureen to emphasize their professional decorum despite ideological differences. Jessica's students' questions introduce topics like maintaining objectivity and Supreme Court reform, with Maureen discussing the hurdles of simplifying complex legal issues for a general audience. This discussion offers a unique glimpse into the behind-the-scenes world of Supreme Court reporting and its impact on public perception.
Here are three key takeaways you don't want to miss:
1️⃣ Court's Collegiality: Groppe shares that justices stress their collegiality, although social interactions are often downplayed by some, like Justice Kagan, who emphasizes professional respect.
2️⃣ Impact of Oral Arguments: Groppe shares the challenge of determining the impact of oral arguments on court decisions, using an emergency abortion case as an example where Justice Barrett's reactions played a crucial role.
3️⃣ Reporting Impartiality: The episode includes a discussion on how reporters like Groppe maintain neutrality when covering Supreme Court cases with significant implications.
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@LevinsonJessica
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In this episode of Passing Judgment, Jessica Levinson is joined by political science and history professor Paul Savoie to break down the intricacies of the US electoral system. They explore the historical roots and ongoing impact of the electoral college, the challenges of polarized politics, and the reliability of modern polling. The conversation examines the potential advantages of reforming the electoral college and delves into the implications for American democracy.
Here are three key takeaways you don't want to miss:
1️⃣ Framers' Intent and the Electoral College: The framers of the Constitution were cautious about giving voters too much power and thus created a bicameral Congress and the Electoral College. The system was designed to balance public influence with a moderated selection process, initially allowing electors to make independent choices but later tying their votes to state popular votes.
2️⃣ Electoral College Impacts and Controversies: The electoral college has led to significant discussions about its impact on the political landscape, particularly regarding scenarios where candidates can win the popular vote but lose the election.
3️⃣ Student Concerns: Students discuss significant current issues like reproductive rights and the Israel-Hamas conflict, reflecting diverse concerns and single-issue voting tendencies.
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In this episode of The Passing Judgment, host Jessica Levinson engages in an insightful conversation with USA Today White House Correspondent Joey Garrison, who provides an inside look at the Democratic National Convention. Recorded from his hotel room in Chicago just after the convention, Garrison offers a detailed recount of the key moments, speeches, and political dynamics of the event, including Joe Biden’s farewell address and Michelle Obama’s highly acclaimed speech. This episode provides listeners with a rich perspective on the DNC and what to watch for in the coming weeks of the campaign.
Here are three key takeaways you don't want to miss:
1️⃣ Excitement and Logistics of the Democratic National Convention: Joey Garrison discusses the overwhelming excitement and energy among Democrats during the DNC in Chicago. He highlights the logistical challenges of covering the event, such as security measures and the exhaustion that follows a packed schedule.
2️⃣ Speeches and Messaging: The conversation covers various speeches delivered at the DNC, including critiques and observations on Joe Biden's farewell and Michelle Obama's impactful address.
3️⃣ Kamala Harris’s Campaign Strategy and Challenges: Joey Garrison offers insights into Kamala Harris's speech, her strategic messaging, and the challenges she faces moving forward. He discusses her role in uniting the party and energizing voters, as well as the expectations surrounding her debate performance against Donald Trump.
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@LevinsonJessica
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In this micro episode of The Passing Judgment Podcast, host Jessica Levinson discusses two major legal issues. Firstly, former Republican congress member George Santos pled guilty to wire fraud and aggravated identity theft, among other charges, effectively avoiding a federal trial and ensuring some prison time. The second case involves Lisa Finley, who was arrested for attempting to fraudulently foreclose on Elvis Presley's Graceland by claiming that Presley’s late daughter had used it as collateral for a loan, backed by forged documents.
Here are three key takeaways you don't want to miss:
1️⃣ George Santos Legal Issues: George Santos, a former Republican congress member from New York, has pleaded guilty to two counts of wire fraud and aggravated identity theft, avoiding a public federal trial.
2️⃣ Graceland Foreclosure Attempt: Finley falsely claimed that Lisa Marie Presley had put up Graceland as collateral for a $3.8 million loan, creating a fictitious entity to carry out the scheme.
3️⃣ Common Thread of Aggravated Identity Theft: Both cases are marked by deceptive and fraudulent activities, whether in political campaigns or in attempts to claim ownership of a legendary estate.
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In this episode of Passing Judgment, host Jessica Levinson speaks with Perry Stein to gain a deeper understanding of the ongoing legal challenges in former President Trump's Mar-a-Lago case. Stein shares unique insights into the strategies and dynamics at play in the courtroom, highlighting the roles of key figures like Judge Aileen Cannon and special counsel Jack Smith. The discussion explores the intricacies of legal proceedings, the significance of intent in charges, and the impact of procedural delays on the trial's progression.
Here are three key takeaways you don't want to miss:
1️⃣ Courtroom Dynamics and Decision-Making: Perry Stein provides an analysis of Judge Eileen Cannon's distinctive courtroom style and decision-making approach, explaining how these factors influence the legal proceedings and the strategies employed by both the defense and prosecution.
2️⃣ The Role of Intent in Legal Charges: The conversation delves into the importance of intent in the charges being faced by the defendant, exploring how this legal concept plays a critical role in shaping the arguments and potential outcomes of the trial.
3️⃣ Impact of Procedural Delays: Perry Stein discusses the procedural delays that have arisen during the trial and their impact on the timeline and overall dynamics of the case, offering insights into the strategic maneuvers by both sides and the implications for the defendant's legal journey.
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@LevinsonJessica
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In this episode of Passing Judgment, Jessica speaks with Dan Morain, celebrated author of Kamala's Way, to gain a deeper understanding of Kamala Harris' journey to becoming the presumptive Democratic nominee for president. Dan shares his unique insights into Harris' career trajectory, from her early days in California politics to her tenure as vice president. Dan also delves into specific moments that highlight Harris' political savvy and resilience, providing a comprehensive look at a candidate who could become the first female president of the United States.
Here are three key takeaways you don't want to miss:
1️⃣ Kamala Harris' Career Trajectory: Dan Morain traces Kamala Harris' career from being appointed to a state position in 1994 by then-Speaker Willie Brown, to becoming a surrogate for Barack Obama in 2008, and eventually serving as the Attorney General of California and a U.S. Senator.
2️⃣ Presidential Campaigns: Morain discusses Harris' 2019 campaign for the Democratic presidential nomination, describing it as poorly managed and fraught with stumbles, leading to her early withdrawal. Conversely, he notes her current campaign as more confident and focused on one primary opponent: Donald Trump.
3️⃣ Public and Media Perception: Harris' public and media perception is explored, with Morain noting how she can be both celebrated and criticized. Her ability to handle media scrutiny and maintain a positive public image is highlighted, demonstrating why she is effective in her role despite the challenges.
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In this episode of Passing Judgment, we explore the robust start of Kamala Harris’s 2024 campaign. Joined by political reporter Carla Marinucci, we discuss Harris's impressive early achievements, including 170,000 volunteers and $200,000,000 in donations, mostly from first-time donors. Carla provides insights into Harris's newfound confidence, her strategic focus on reproductive rights and environmental justice, and her strong appeal to young voters. We also address concerns about office turnover and the challenges Harris faces as a female candidate of color. Discover how Harris is reshaping her image and what it means for her political future.
Here are three key takeaways you don't want to miss:
1️⃣ Challenges and Media Criticism: Concerns about high turnover rates in Harris’s office and campaigns and how her status as a tough boss and a woman of color might impact public perception.
2️⃣ Electoral and Policy Strategy: Harris's strategy of making critical connections within the Democratic Party helped her win races, including establishing relationships with key donors and mentors.
3️⃣ Future Challenges: Potential hurdles for her presidential campaign include negative ads, criticisms on policy issues like urban crime and immigration, and her ties to Joe Biden’s presidency.
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@Cmarinucci
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In this episode of Passing Judgment, Jessica delves into the political and legal ripple effects following President Joe Biden's unexpected decision to withdraw from seeking the Democratic nomination. She examines the current political landscape, with Democrats rallying around Vice President Kamala Harris, and discusses the complex legal procedures of picking a new nominee at the convention. Tune in as Jessica navigates this unprecedented moment in American politics and answers the burning questions on everyone's minds.
Here are three key takeaways you don't want to miss:
1️⃣ Political Impact of Biden's Decision: President Joe Biden's announcement not to seek the Democratic nomination is unprecedented and has significant political repercussions.
2️⃣ Role of Delegates: Delegates previously pledged to Biden are now free agents but are likely to support Harris if she garners the necessary backing.
3️⃣ Potential Running Mates for Harris: Kamala Harris is expected to choose a running mate who can strategically enhance the ticket’s chances in crucial swing states.
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In this episode of Passing Judgment, we delve into a shocking yet somewhat unsurprising ruling from judge Aileen Cannon on the Mar-a-Lago case against former president Trump. On July 15th, Judge Cannon dismissed all charges related to Trump's unlawful retention of sensitive government documents, citing unconstitutional appointment of special counsel Jack Smith. Host Jessica Levinson takes us through the intricacies of the appointment clause of the constitution, Judge Cannon's legal reasoning, and the likely path forward, including a potential appeal to the 11th Circuit.
Here are three key takeaways you don't want to miss:
1️⃣ Dismissal of the Mar-a-Lago Case Against Trump: Judge Aileen Cannon dismissed the federal case against former president Trump involving his retention of sensitive government documents at his Mar-a-Lago residence.
2️⃣ Appointments Clause and Constitutionality: Judge Cannon's decision to dismiss the case was based on her interpretation of the Appointments Clause in the Constitution.
3️⃣ Potential Impact on Other Cases: The ruling could potentially affect the DC election interference case but does not impact state cases. Other federal judges, including Judge Chutkan in the DC case, have not made similar rulings regarding Jack Smith's appointment.
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In this episode of Passing Judgment, we delve into the intricacies of the 25th Amendment and the Democratic National Committee's rules concerning presidential succession. Host Jessica Levinson provides a thorough breakdown of what would happen if President Biden steps aside or is declared incapacitated. She explains the history and application of the 25th Amendment, highlighting its various sections and uses. Additionally, she discusses the procedural rules for selecting a new Democratic nominee should President Biden choose not to run.
Here are three key takeaways you don't want to miss:
1️⃣ Historical Context: Several historical instances (e.g., President Harrison's death in 1841, Garfield's incapacitation in 1881, Wilson's stroke in 1919, and Eisenhower's health issues in the 1950s) highlighted the need for clear constitutional guidelines.
2️⃣ The 25th Amendment Section 4: Provides the procedure if the president is deemed unable to discharge duties, which involves the vice president and a majority of the cabinet, and requires a two-thirds vote in both House and Senate for the president to be removed.
3️⃣ Democratic National Committee (DNC) Rules: Discusses the procedural implications if President Biden decides to step aside before or after the Democratic National Convention.
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In this episode of Passing Judgment, we delve into the blockbuster Supreme Court case regarding presidential immunity. Host Jessica Levinson takes you through the Court's 6-3 ruling on whether a president or former president enjoys some or absolute immunity from criminal prosecution. This pivotal decision arose from former President Trump's alleged actions related to the January 6 events and the so-called DC election interference case. Tune in as Jessica explains the intricacies of this landmark case, its implications for the future, and what it means for the ongoing legal battles surrounding former President Trump.
Here are three key takeaways you don't want to miss:
1️⃣ Supreme Court Decision on Presidential Immunity: The Supreme Court issued a 6-3 ruling on most issues, with Chief Justice John Roberts writing the majority opinion.
2️⃣ Impact on Legal Proceedings: The case is unlikely to go to trial before the election, which could impact the case if Trump wins.
3️⃣ Practical Implications for Prosecutors: The majority opinion restricts the use of evidence of official conduct to prove private acts, making it harder for prosecutors to prove cases involving presidents or former presidents.
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In this episode of Passing Judgment, host Jessica Levinson and Reuters legal correspondent Jack Queen delve into two of the most politically charged trials of our era: those involving Hunter Biden and former President Donald Trump. They dissect the collapse of Hunter Biden's plea deal over the scope of immunity and dive into the trial's contentious debate on firearm purchase forms and drug use. Switching focus, they examine Trump's historic conviction related to hush money payments to Stormy Daniels.
Here are three key takeaways you don't want to miss:
1️⃣ Hunter Biden Trial and Plea Deal Miscommunications: The plea deal for Hunter Biden unraveled when the judge questioned the broad scope of immunity it offered.
2️⃣ Donald Trump and the Hush Money Case: The defense requested a mistrial due to the nature of Daniels' testimony, which was denied. Michael Cohen’s cross-examination and David Pecker's damaging testimony were key moments.
3️⃣ Vagueness and Second Amendment Arguments in Biden Trial: Questions about the vagueness of the law and an appeal based on Second Amendment rights. The defense argued that the timing of Biden's drug use at the time of the gun purchase was not adequately proven.
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@Jackqueen_
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In this episode of Passing Judgment, we delve into the multifaceted challenges of election coverage and the pervasive issue of media polarization. Jessica Levinson hosts senior political reporter Aaron Blake from The Washington Post, as they navigate the treacherous waters of misinformation and its threat to democracy. Highlighting recent headlines, they discuss Hunter Biden's conviction and its potential ripple effects on the 2024 election. Together, they dissect the selective prosecution cases involving Trump and Biden, raising questions about voter perceptions and the prioritization of legal cases.
Here are three key takeaways you don't want to miss:
1️⃣ Hunter Biden's Conviction: The recent conviction of Hunter Biden for lying on a federal form and illegal gun possession is discussed, with Aaron Blake suggesting that this may have limited effect on the political landscape and President Joe Biden’s reputation among the majority of voters.
2️⃣ Potential Running Mates for Trump: Potential vice-presidential picks for former President Trump are discussed with Marco Rubio and Tim Scott highlighted as strong contenders.
3️⃣ Economic Concerns and Inflation: Blake highlights inflation as a primary economic concern that could impact President Biden’s reelection prospects. The challenges the Biden campaign faces in effectively communicating the economic situation to voters are discussed.
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