Passing Judgment

Jessica Levinson
  • 4.7 (212)
  • ARTS
  • UPDATED WEEKLY
Passing Judgment

Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others. Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?

  1. 1 DAY AGO

    Supreme Court Insights: Transgender Rights, Ghost Guns, and TikTok Controversies with Lindsay Whitehurst

    In this episode of Passing Judgment, we delve into the Supreme Court's current term with Lindsay Whitehurst from the Associated Press. Jessica Levinson and Lindsay discuss three significant cases: a Tennessee law on transgender minors' access to gender-affirming care (Skirmiti), regulations on ghost guns, and flavored e-cigarettes. They explore the implications of these cases, potential judicial leanings, and the role of presidential administrations in legal arguments. Here are three key takeaways you don't want to miss: Transgender Rights in Healthcare: A case involving the access of gender-affirming care for minors, which touches on parental rights and the role of the state in healthcare decisions. Ghost Guns and Federal Regulations: A significant case about the regulation of untraceable homemade firearms and the broader implications for federal agency powers. E-Cigarettes Rules Challenge: The court's review of regulations around flavored vapes, further tying into the authority of administrative bodies. Follow Our Host:  @LevinsonJessica @lwhitehurst

    24 min

  2. 6 DAYS AGO

    Examining the Four Criminal Cases Against Trump

    In this episode of Passing Judgment, we unravel the current status of the four pending criminal cases against former President Trump. Host Jessica Levinson explains that while Trump was convicted in the New York State hush money case, he received no real sentencing. The Georgia election interference case stalled due to conflict of interest allegations against the district attorney. Jessica provides a detailed overview of each case and what it means now that Trump is set to return to office. Here are three key takeaways you don't want to miss: New York State Hush Money Case: Trump was convicted of 34 felony counts related to falsifying business records for hush money payments to Stormy Daniels. However, the sentence resulted in no jail time, fines, or probation due to constitutional concerns about punishing a sitting president. Georgia Election Interference Case: This case, involving Trump's attempts to overturn the 2020 election results, stalled due to conflict of interest allegations against District Attorney Fani Willis. The delay and constitutional concerns have put the case on indefinite hold. Federal Cases: Both the DC election interference and Mar-a-Lago classified documents cases stalled due to legal challenges and questions of immunity. Following Trump's recent election victory, Special Counsel Jack Smith resigned, and the cases were effectively closed. Follow Our Host:  @LevinsonJessica

    13 min

  3. JAN 7

    What’s Next for TikTok? Supreme Court to Rule on Nationwide Ban

    In this episode of Passing Judgment, we analyze the high-stakes TikTok ban case as it heads to the Supreme Court on an accelerated timeline. Host Jessica Levinson explains the key arguments: ByteDance claims the ban violates First Amendment rights, while the government cites national security concerns over TikTok's Chinese ownership. With oral arguments set for January 10th, Jessica discusses potential outcomes and actions President Trump might take once in office. Here are three key takeaways you don't want to miss: 1️⃣ Overview of the Legislation: The law in question mandates that TikTok's parent company, ByteDance, divest its U.S. operations by January 19th, 2024, or face a nationwide ban. The ban would affect app stores and Internet providers, eventually causing TikTok to stop working as updates and downloads would be prohibited. 2️⃣ Lower Court Rulings: The DC Circuit upheld the law as constitutional. A three-judge panel determined that the national security concerns cited by Congress justify the legislation. Judges generally defer to the political branches on national security issues. 3️⃣ Arguments by ByteDance and TikTok: ByteDance argues that the law violates the First Amendment by eliminating a mode of communication without a compelling government interest. They contend that the national security concerns are baseless and accuse the U.S. government of targeting TikTok based on its content, which is potentially a content-based restriction—a key concern in First Amendment law. Follow Our Host:  @LevinsonJessica

    10 min

  4. 12/24/2024

    Supreme Court to Hear TikTok Ban Case and Justice Alito Flag Controversy

    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. Follow Our Host:  @LevinsonJessica

    12 min

  5. 12/17/2024

    The Future of Voting Rights Under the Trump Administration with Sam Levine

    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. Follow Our Host and Guest:  @LevinsonJessica @srl

    25 min

  6. 12/10/2024

    Supreme Court Cases: Youth Transgender Care and FDA Regulation of Vapes with David Ovalle

    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. Follow Our Host and Guest:  @LevinsonJessica @DavidOvalle305

    24 min

  7. 12/03/2024

    The Implications of Trump’s Tariff Proposals and Hunter Biden’s Pardon

    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 Follow Our Host:  @LevinsonJessica

    17 min

  8. 11/27/2024

    Legal Updates: Menendez Brothers' Appeal and Proposed Transgender Bathroom Bill

    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. Follow Our Host:  @LevinsonJessica

    13 min
See All (323)

Trailer

4.7
out of 5
212 Ratings

About

Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others. Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?

Information

  • Creator
    Jessica Levinson
  • Years Active
    2020 - 2025
  • Episodes
    323
  • Rating
    Clean
  • Copyright
    © Copyright 2023 491570
  • Show Website
    Passing Judgment

You Might Also Like

To listen to explicit episodes, sign in.

Stay up to date with this show

Sign in or sign up to follow shows, save episodes, and get the latest updates.
Select a country or region

Africa, Middle East, and India

Asia Pacific

Europe

Latin America and the Caribbean

The United States and Canada