Brennan Center LIVE The Brennan Center for Justice
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A podcast from the Brennan Center for Justice at NYU School of Law.
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A Politicized Supreme Court Is Remaking America
Presidential immunity, limits on gun control, governmental oversight for agencies — the fate of these issues is in the hands of the Supreme Court this summer. Not only is the current Court the most conservative we have ever seen, it is also plagued with ethics violations.
Brennan Center President Michael Waldman and Kareem Crayton, the Brennan Center’s senior director for voting and representation, discussed Waldman’s book The Supermajority: How the Supreme Court Divided America. Their conversation explores the threat of the current conservative Court, how this year’s decisions have built on or changed the Court’s previous rulings, and what can be done to shore up democracy.
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You can check out Michael Waldman’s latest book here: https://www.brennancenter.org/supermajority-how-supreme-court-divided-america
You can keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing -
What Originalism Means for Women
The Supreme Court has turned back time in recent decisions by regressing to an interpretation of the Constitution according to its “original meaning.” What has this meant for women’s rights?
Listen in on a panel discussion with Madiba K. Dennie, author of the new book The Originalism Trap; Khiara M. Bridges of UC Berkeley School of Law; Emily Martin of the National Women’s Law Center; and Alicia Bannon of the Brennan Center and State Court Report. They delve into recent cases that have reversed decades of progress for women’s rights, such as the 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, and United States v. Rahimi, which is built entirely around the fact that domestic violence was not a crime in the 18th century.
Please give us a boost by liking, subscribing, and sharing with your friends. If you’re listening on Apple Podcasts, please give it a 5-star rating.
Check out Madiba K. Dennie’s new book The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back here: https://bookshop.org/a/20454/9780593729250
Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing -
Resisting Minority Rule
A governing majority in the United States has never required an actual majority of the voting population. And the tactics of achieving minoritarian control are always shifting. A minority of Americans are now set on thwarting the will of the people through voter suppression, gerrymandering, and even election subversion. In his new book, Minority Rule: The Right-Wing Attack on the Will of the People — and the Fight to Resist It, voting rights reporter Ari Berman charts the rise of this antidemocracy movement in the face of the country’s significant demographic and political shifts.
Listen in on a discussion with Berman and former West Virginia Secretary of State Natalie Tennant about how reactionary conservatives have capitalized on structural inequalities in our institutions, like the Senate and the Supreme Court, to entrench their power, as well as the pro-democracy movement that’s fighting back.
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Check out Ari Berman’s new book here: https://bookshop.org/p/books/minority-rule-ari-berman/19994801?ean=9780374600211
You can keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing -
What Comes Next in the Trump Legal Saga?
Donald Trump is now the first American president convicted of a crime. The smooth trial process shows that — independent of the outcome — the U.S. justice system can still work, even with a powerful defendant.
But full accountability seems far off. The federal courts, including the Supreme Court, have stalled Trump’s prosecution for trying to overthrow the 2020 election and for misuse of classified documents and obstruction of justice.
Listen to an expert discussion on how Trump’s defense in the New York business records falsification trial, including Trumps’ accusations of political motivations behind the charges, could serve as a blueprint in his other cases. This discussion shares insights from experts in the field including:
Paul Butler, Albert Brick Professor in Law, Georgetown University Law Center; Legal Analyst, MSNBC
Joyce Vance, Former U.S. Attorney for the Northern District of Alabama; Distinguished Professor of the Practice of Law, University of Alabama School of Law; Legal Analyst, MSNBC; Senior Fellow, Brennan Center
Michael Waldman, President and CEO, Brennan Center
Moderator: Lauren-Brooke Eisen, Senior Director, Brennan Center Justice Program
Please give us a boost by liking, subscribing, and sharing with your friends. If you’re listening on Apple Podcasts, please give it a 5-star rating.
You can keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing
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The High Cost of Public Service
A new Brennan Center report reveals that intimidation aimed at state and local officials is distressingly common: For example, 43 percent of state legislators have experienced threats within the past three years.
These threats have serious repercussions for representative democracy. Officeholders report being less willing to work on contentious issues like reproductive rights and gun control and more reluctant to continue serving. Additionally, intimidation is often targeted at groups already underrepresented in government, such as women and people of color.
Listen to a recording of our virtual discussion of this alarming trend, as well as recommendations to stem the abuse from our expert panel:
Anna Eskamani, State Representative, Florida House of Representatives
Gowri Ramachandran, Deputy Director, Brennan Center Elections and Government Program
Tom Roberts, Former Assemblymember, Nevada State Assembly
Moderator: Deirdre Walsh, Congressional Correspondent, NPR
With remarks from Letitia James, Attorney General, New York State
If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you’re listening on Apple Podcasts, please give it a 5-star rating.
Check out Brennan Center’s new report here: https://www.brennancenter.org/our-work/research-reports/intimidation-state-and-local-officeholders
You can keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing -
The Failed Experiment of Mass Incarceration
Most of the more than 1 million Americans in prison — disproportionately low-income people of color — will return to their communities after serving long sentences with few resources and little support. Recidivism rates remain stubbornly high. The criminal justice system, then, fails to produce public safety even as core values such as equality, fairness, and proportionality have fallen by the wayside.
The new book Excessive Punishment: How the Justice System Creates Mass Incarceration, edited by the Brennan Center’s Lauren-Brooke Eisen, features essays from scholars, practitioners, activists, writers who experienced incarceration, and others. The contributors explore the social costs of excessive punishment and how to ensure public safety without perpetuating the harms of mass incarceration.
Listen to the recording of our virtual panel from earlier this month with contributors to the book:
Jeremy Travis, Senior Fellow at Columbia Justice Lab
Nkechi Taifa, President of the Taifa Group
Khalil Cumberbatch, Senior fellow at the Council on Criminal Justice and co-CEO of Edovo
If you enjoy this program, please give us a boost by liking, subscribing, and sharing with your friends. If you’re listening on Apple Podcasts, please give it a 5-star rating.
Find out more about the book here: https://bookshop.org/p/books/excessive-punishment-how-the-justice-system-creates-mass-incarceration-lauren-brooke-eisen/20877826?ean=9780231212168
Keep up with the Brennan Center’s work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing