Episodes
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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 Program
Co-Host: Claire Comey
Guest: Anya Marino - Director of LGBTQI Equality, National Women's Law Center
Guest: Shiwali Patel - Director of Safe and Inclusive SchoolsLink: Education and Title IX, National Women's Law Center
Link: Hélène Barthélemy, How Men’s Rights Groups Helped Rewrite Regulations on Campus Rape, The Nation
Visit the Podcast Website: Broken Law PodcastEmail the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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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 Program
Featured Speaker: Elisabeth Semel, Chancellor’s Clinical Professor of Law and Co-Director of the Death Penalty Clinic, Berkeley Law
Link: Guess Who's Coming to Jury Duty? Berkeley Law Death Penalty Clinic
Link: Whitewashing the Jury Box, Berkeley Law Death Penalty Clinic
Link: Batson v. KentuckyVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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Missing episodes?
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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, ACS
Featured Speaker: Oren Nimni, Litigation Director, Rights Behind Bars
Featured Speaker: Sherrilyn Ifill, Former President and Director Counsel, NAACP LDF; Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights, Howard University
Link: Register for ACS's 2024 National ConventionVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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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, ACS
Link: 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 Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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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 Program
Guest: Donald Sherman, Executive Vice President and Chief Counsel, CREW
Link: 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 Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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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 ACS
Guest: Sarah Luppen Fowler, Senior Deputy General Counsel, SAG-AFTRA (affiliation included for identification purposes only)
Link: Human Artistry Campaign
Link: 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 ContrerasVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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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 Program
Guest: Julie Suk, Hon. Deborah A. Batts Distinguished Research Scholar and Professor of Law, Fordham University School of Law
Link: 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 Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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Under the banner of "40 acres and a mule," the movement for reparations for slavery and Jim Crow has gained momentum in recent years, with diverse efforts underway from big states like California and New York to smaller communities like Evanston, Illinois and Asheville, North Carolina. Marcus Hunter, author of the recently published "Radical Reparations: Healing the Soul of a Nation" explains to Taonga Leslie why economic compensation alone will not be sufficient to heal the scar of anti-Black racism and explains the six other forms of compensation that will be necessary to bring about true justice.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Taonga Leslie
Guest: Marcus Hunter, Scott Waugh Endowed Chair in the Division of the Social Sciences, UCLA
Link: Radical Reparations: Healing the Soul of a Nation by Marcus Hunter
Link: The Case for Reparations by Ta-Nehisi Coates
Link: 40 Acres and a MuleVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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The Electoral College has shown significant flaws since its inception. Twice in the 21st Century, the national popular vote winner has not ultimately been elected President. The undemocratic nature of the institution has many asking why our system is built the way it is and what can be done to fix it. In this follow-up to Episode 137 ("Is the ECA Prepared for 2024?"), Lindsay Langholz speaks with Professor Alexander Keyssar about how the Founders designed the process by which we elect presidents, the problems encountered along the way, and the many, many attempts at reform.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Alexander Keyssar, Harvard Kennedy School
Link: Why Do We Still Have the Electoral College? by Alexander Keyssar
Link: Why the Electoral College is Bad for America by George C. Edwards III
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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The Supreme Court recently heard oral arguments in Loper Bright Enterprises and Relentless, Inc., two cases that could see the Court overrule the Chevron doctrine, a 40-year-old precedent. Overruling Chevron could empower courts to redesign federal governance as we know it. Elizabeth Binczik speaks with Professor Andrew Mergen about what happened at the oral arguments, about the Chevron doctrine, and the sweeping consequences that could unfold if the Court opts to overrule it.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic Justice
Guest: Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law
Link: SCOTUS Oral Argument in Relentless, Inc. v. Department of Commerce
Link: SCOTUS Oral Argument in Loper Bright Enterprises, Inc. v. Raimondo
Link: Yale Journal of Regulation
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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The U.S. Supreme Court recently heard oral argument in the second of two big immigration cases this term. On this episode, Jeanne Hruska speaks with Taonga Leslie about the Supreme Court's track record on immigration, takeaways from the oral arguments in the relevant cases this term, and the potential impact on access to justice depending on how the Court rules.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Link: Oral Argument in Campos-Chaves v. Garland
Link: Oral Argument in Wilkinson v. Garland
Link: "Beyond Crisis Narratives," by Monika Y. LangaricaVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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Welcome to 2024! We are covering two topics poised to shape the new year. First, Jeanne Hruska catches up with Lindsay Langholz for the latest developments in efforts to keep Donald Trump off the ballot in various states and whether SCOTUS will finally step in. Jeanne then speaks with ACS President Russ Feingold to discuss where President Biden is on judicial appointments at the end of three years and the challenge for the Senate to confirm 70 judges in 12 months.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Russ Feingold, ACS President
Link: "To Do List for 2024: 70 Judges in 12 Months" by Russ Feingold
Link: "Red Courts, Blue Courts," by Mark A. Lemley
Link: "Supreme Court to Hear Momentous Case on Whether Trump Can Hold Office," by Adam LiptakVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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The Electoral Count Act (ECA) played a prominent role in the legal fictions clung to by those who orchestrated the January 6th Insurrection. With another presidential election before us, Lindsay Langholz joins Jeanne Hruska to discuss the updates made to the ECA since 2021 and whether we should have faith in the ECA this election cycle. They also recap end-of-year SCOTUS news.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Lindsay Langholz, ACS Sr Director of Policy and Program
Link: "Court won’t expedite ruling on Trump’s immunity claim," by Robert Barnes
Link: Master Calendar of Trump Court Dates: Criminal and Civil Cases, by Just Security
Link: "Court to weigh in on scope of law used in Jan. 6 prosecutions," by Amy HoweVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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With 2023 nearly over, Craig Mastantuono and Neal Sarkar join Jeanne Hruska to discuss the good, the bad, and the terrifying from the past year and to look ahead to the mammoth year that is 2024. Craig and Neal also share the biggest 2023 takeaways from their respective states: Wisconsin and Texas.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy
Guest: Craig Mastantuono, Partner, Mastantuono, Coffee & Thomas
Guest: Neal Sarkar, Special Assistant County Attorney, Office of the Harris County Attorney
Link: Support ACS
Link: "Wisconsin leader pivots, says impeachment of state Supreme Court justice over redistricting unlikely," by Scott Bauer
Link: Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration LawVisit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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After a hot labor summer, we've continued to see positive developments on the labor front. On this episode, Elizabeth Binczik speaks with Professor Catherine Fisk about the combination of labor wins this year and what 2023 could mean for labor moving forward. They review the deals struck to end the Hollywood strikes and the ingenuity of the United Auto Worker strikes.
Join the Progressive Legal Movement Today: ACSLaw.orgToday's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice
Guest: Catherine Fisk, Professor of Law, Berkeley Law
Link: "U.A.W. Announces Drive to Organize Nonunion Plants," by Neal E. Boudette
Link: "Actors and studios make a deal to end Hollywood strikes," by Mandalit del Barco
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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Two topics for the price of one episode. Jeanne Hruska is joined by Professor Mark Lemley for a discussion on his recent article, “Red Courts, Blue Courts,” which explains how administrations are increasingly prioritizing district court vacancies in states that align with their party and the resulting consequences. In the second half of the episode, they delve into AI and the question of whether AI-generated content is protected by the First Amendment.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Mark A. Lemley, William H. Neukom Professor of Law, Stanford Law School
Link: "Red Courts, Blue Courts," by Mark A. Lemley
Link: "Freedom of Speech and AI Output," by Eugene Volokh, Mark A. Lemley and Peter Henderson
Link: Senate Roll Call Data on President Biden's appointed judges
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Production House: Flint Stone Media
Copyright of American Constitution Society 2023.
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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There's been much conversation about Section 3 of the 14th Amendment and whether it can be used to keep people who engaged in the January 6th insurrection off the ballot. Lindsay Langholz speaks with Donald Sherman and Nikhel Sus from CREW about their lawsuit aimed at keeping Donald Trump off the ballot in Colorado. They discuss the ruling of the trial court and look ahead to the December 6th oral argument before the Colorado Supreme Court.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program
Guest: Donald Sherman, Senior Vice President and Chief Counsel, CREW
Guest: Nikhel Sus, Director of Strategic Litigation, CREW
Link: CREW's Colorado lawsuit enforcing Donald Trump’s constitutional disqualification
Link: "Why are U.S. courts afraid of the 14th Amendment? Because it’s radical," by Sherrilyn Ifill
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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The U.S. Supreme Court recently published a "Code of Conduct," signed by all nine justices. Jeanne Hruska catches up with Russ Feingold, ACS President, to discuss how much weight, if any, to give this new Code. They also discuss the latest on judicial confirmations and look ahead to how voters can engage on the courts come election time.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy
Guest: Russ Feingold, ACS President
Link: "The Supreme Court Still Needs a Binding Code of Ethics," by Russ Feingold
Link: SCOTUS Code of Conduct
Link: "Red Courts, Blue Courts," by Mark Lemley
Link: ACS Poll Worker Pledge
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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Since the U.S. Supreme Court largely outlawed affirmative action in higher education earlier this year, there's been discussion about what the decision could mean for the future of DEI practices in employment. Taonga Leslie speaks with Marcus Childress about the chilling effect that SFFA v. Harvard has had and how employers can continue to advance DEI in the wake of the decision.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice
Guest: Marcus Childress, Special Counsel, Jenner & Block
Link: Supreme Court decision in SFFA v. Harvard
Link: Report and Recommendations of the New York State Bar Association Task Force on Advancing Diversity
Link: Video of ACS's program, "Advancing Diversity, Equity, and Inclusion at Work in the Wake of SFFA"
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Production House: Flint Stone Media
Copyright of American Constitution Society 2023.
-----------------
Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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The U.S. Supreme Court has an opportunity to rein in its disastrous 2nd Amendment decision in NYSRPA v. Bruen this term, or make it that much harder for states to prevent gun violence. Christopher Wright Durocher speaks with Esther Sanchez-Gomez (Giffords Law Center) about takeaways from the Court's oral argument in U.S. v. Rahimi and how the Court could clean up its own mess when it comes to guns.
Join the Progressive Legal Movement Today: ACSLaw.org
Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program
Guest: Esther Sanchez-Gomez, Litigation Director, Giffords Law Center
Link: Supreme Court Oral Argument in US v. Rahimi
Link: GIFFORDS Law Center Amicus Brief in United States v. Rahimi
Visit the Podcast Website: Broken Law Podcast
Email the Show: [email protected]
Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube
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Production House: Flint Stone Media
Copyright of American Constitution Society 2023.
-----------------
Broken Law: About the law, who it serves, and who it doesn’t.
-----------------Production House: Flint Stone Media
Copyright of American Constitution Society 2024.
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