Episódios
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In this episode of Passing Judgment, we unpack two significant legal developments. First, Jessica covers the Supreme Court's expedited review of the TikTok ban, weighing national security concerns against First Amendment rights. Then, she dives into the controversy surrounding a federal judge who criticized Justice Alito over flags flown at his residences, examining the broader implications for judicial impartiality and trust.
Here are three key takeaways you don't want to miss:
1️⃣ ByteDance's Argument: ByteDance argues that restricting its platform violates users' First Amendment rights and contends that national security concerns are either exaggerated or unfounded.
2️⃣ Potential Actions by President Trump Regarding TikTok case: President Trump could instruct the Attorney General not to enforce the law, attempt to persuade Congress to repeal it despite bipartisan support, argue that the law no longer applies if a qualified divestiture occurs, or advocate for the sale of TikTok to an American company.
3️⃣ Judiciary Impartiality and Trust Issues: Judicial impartiality is crucial for maintaining public trust, and any erosion of respect for the judiciary could potentially lead to a constitutional crisis, as emphasized by quotes from Justice Thurgood Marshall underscoring the importance of civic duty.
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In this episode of Passing Judgment, Jessica sits down with Sam Levine from The Guardian to unpack the future of voting rights under the Trump administration. They explore the role of the Department of Justice, the impact of stalled federal legislation, and the current state of the Voting Rights Act. Sam also clarifies common misconceptions about election fraud and administration, highlighting what to watch for in the coming years.
Here are three key takeaways you don't want to miss:
1️⃣ Trump Administration and Voting Rights: Sam Levine outlines the anticipated approach of the Trump administration regarding voting rights, including the potential use of the Department of Justice (DOJ) to challenge election outcomes and influence election administration.
2️⃣ Role and Powers of the Department of Justice: The DOJ's role in enforcing federal laws, particularly civil rights and voting rights laws, is explained. Shifts in administration can significantly alter DOJ priorities.
3️⃣ Election Security and Misconceptions: The podcast addresses common misconceptions about voter fraud and the robustness of election systems. Sam Levine stresses the rarity of voter fraud and the extensive safeguards in place.
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@srl
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In this episode of Passing Judgment, we explore a pivotal Supreme Court case that could redefine federal agency power. Jessica is joined by journalist David Ovalle to unpack the FDA's authority over e-cigarette regulation and the legal battle surrounding its rejection of flavored vape products. Plus, Jessica delves into a critical Supreme Court hearing on transgender healthcare for minors, shedding light on the stakes and potential implications.
Here are three key takeaways you don't want to miss:
1️⃣ FDA Regulation of Vaping Products: There's a high volume of applications for vaping product approvals, but only a few have been approved. The debate surrounds the popular and attractive fruity-flavored vapes, which are targeted for regulation due to concerns about their appeal to young people.
2️⃣ Legal Challenges and Circuit Split: The 5th Circuit Court ruled that the FDA acted arbitrarily and capriciously, a decision that challenges the FDA’s authority and methods. This created a split among appellate courts.
3️⃣ Parent's Rights in Transgender Care Case: A new argument based on the due process clause regarding parents' rights to direct their children's medical care might offer a different legal challenge in the future.
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@DavidOvalle305
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In this episode of Passing Judgment, we delve into the legal complexities of President-Elect Trump's proposed tariffs. Jessica Levinson explores how power over foreign commerce has shifted from Congress to the President, highlighting key laws like the Reciprocal Trade Agreements Act of 1934 and the Trade Act of 1974. The episode also covers President Biden's controversial pardon of his son, Hunter Biden, examining the constitutional power of presidential pardons, historical precedents, and political implications.
Here are three key takeaways you don't want to miss:
1️⃣ Congressional Abdication of Trade Powers: Jessica Levinson points out that Congress has gradually ceded its constitutional authority to regulate foreign commerce to the executive branch over the past century.
2️⃣ Legal Hurdles for Trump's Proposed Tariffs: Despite President-elect Trump's promises to impose sweeping tariffs on countries like Mexico, Canada, and China, there are significant legal and procedural hurdles to clear. These include mandatory investigations by the Department of Commerce, and potential court challenges under doctrines like the major questions doctrine and nondelegation doctrine.
3️⃣ Presidential Pardons and Political Implications: The episode delves into President Biden's pardon of his son, Hunter Biden, explaining the broad and exclusive presidential power to grant pardons for federal crimes.
Resources Mentioned:
Jessica's MSNBC article
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@LevinsonJessica
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In this episode of Passing Judgment, Jessica provides updates on two prominent legal stories. She delves into the Menendez brothers' ongoing legal challenges, including their bids for resentencing, a habeas petition, and clemency, explaining the possible outcomes. Jessica also analyzes a proposed bill by Congresswoman Nancy Mace that seeks to ban transgender individuals from using bathrooms aligned with their gender identity in federal buildings. She breaks down the legal scrutiny surrounding such laws and relevant court precedents. Happy Thanksgiving!
Here are three key takeaways you don't want to miss:
1️⃣ Menendez Brothers Resentencing Claim: They're pushing for resentencing based on their model behavior in prison and the argument that they were victims of severe sexual abuse by their father.
2️⃣ Proposed Transgender Bathroom Bill: Congresswoman Nancy Mace introduced a bill aiming to ban transgender individuals from using bathrooms aligning with their gender identity in federal buildings.
3️⃣ Classification of Law: The bill's focus on transgender individuals can be seen as a quasi-suspect classification, which is subject to intermediate scrutiny.
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In this episode of Passing Judgment, Jessica Levinson is joined by Josh Gerstein from Politico, they explore accusations of conspiring to overturn the 2020 election results in Georgia, recent appeals, and the constitutional questions of prosecuting a sitting president. The episode highlights the Georgia Court of Appeals' decision to pause the case, logistical and legal complexities if Trump were to face jail time, and the broader implications for presidential power. They also discuss the potential impact of a second Trump administration on the DOJ and strategies from the Biden administration to solidify its policies.
Here are three key takeaways you don't want to miss:
1️⃣ Constitutional and Supreme Court Considerations: There is a discussion on whether a state can prosecute a sitting president, involving constitutional implications and the Supreme Court’s views on presidential power and immunity. Historical cases like Clinton v. Jones are referenced.
2️⃣ Trump's Legal Troubles and Sentencing Complexities: Trump's legal issues are detailed, including complications stemming from his behavior during trials, contempt issues, and potential sentencing challenges, especially given his status as a former president.
3️⃣ Transition Strategies of the Biden Administration: Potential strategic moves by the Biden administration to solidify policies before a Trump reentry, such as issuing pardons and "midnight regulations," are contemplated.
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@Joshgerstein
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In this episode of Passing Judgment, we dive into the immediate aftermath of the 2024 election results. Jessica discusses the implications of President Trump's return to the Oval Office, the Republican trifecta in controlling the White House, Senate, and likely the House of Representatives. Join us as Jessica unpacks the pending federal and state legal cases against Trump, explores possible legal challenges and strategies over the next four years, and examines significant legal issues such as federal power, immigration, the Department of Justice, environmental policies and more.
Here are three key takeaways you don't want to miss:
1️⃣ Legal Cases Against Trump: Federal cases against Trump, including the DC election interference and Mar-a-Lago documents cases, may be dismissed when Trump regains office and appoints new officials.
2️⃣ Federal Power and Separation of Powers: With Republicans potentially controlling both legislative branches, there might be more legislation rather than executive orders.
3️⃣ Organizational Framework for Legal Issues: The episode discussed potential changes to laws, executive orders, judicial appointments, and expansions of executive power, highlighting their hypothetical nature and the need for ongoing monitoring.
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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:
@LevinsonJessica
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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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@LevinsonJessica
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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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@LevinsonJessica
@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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@G_Slattery
@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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@mgroppe
@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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@PerryStein
@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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