Passing Judgment

Jessica Levinson
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. 2 DAYS AGO

    The Supreme Court's Role in Trump's Firing Case with Katie Buehler

    In this episode of Passing Judgment, we explore the Supreme Court’s decision to abstain from ruling on a Trump emergency appeal about firing Hampton Dellinger, head of the Office of Special Counsel. Jessica Levinson and Katie Buehler, Law360's Supreme Court reporter, analyze the nuances of presidential power and the debate over the constitutionality of restricting executive authority. Here are three key takeaways you don't want to miss: Supreme Court Decision on Trump Emergency Appeal: The episode discusses the Supreme Court's recent decision not to review an emergency appeal concerning the firing of Hampton Dellinger from his position as the head of the Office of Special Counsel. The court allowed the temporary restraining order, which pauses the firing, to run its course and expire. Legal Arguments and Statute Constitutionality: The legal argument centers on whether President Trump had to provide a reason for Dellinger's firing, as required by federal law. Trump’s administration argues that the statute requiring a reason is unconstitutional and that the president should have the power to fire at will. This theme explores the larger question of presidential authority and statutory constraints. Significant Supreme Court Cases: Katie Buehler highlights other significant Supreme Court cases beyond the Trump-related decision, including a case involving the Federal Communications Commission's authority and executive power, as well as cases on religious rights such as opting-out of LGBTQ-related education and funding for religious charter schools. Follow Our Host:  @LevinsonJessica @bykatiebuehler

    13 min
  2. FEB 11

    Analyzing the Role of Doge in Federal Government Efficiency with Lisa Mascaro

    In this episode of Passing Judgment, we explore the uncharted territory of the Department of Government Efficiency (DOGE), led by Elon Musk. Host Jessica Levinson, along with guest Lisa Mascaro, delve into the department's mission to overhaul federal operations and its legal uncertainties. We examine DOGE's drastic measures, including federal employee buyouts and the reduction of USAID, all under the influence of Musk. Here are three key takeaways you don't want to miss: Overview of the Department of Government Efficiency (Doge): The episode delves into the establishment of a new entity known as the Department of Government Efficiency, headed by Elon Musk. They explore what this department is meant to accomplish, how it is categorized (as a department or agency), and its power and influence. Legal and Political Dynamics Surrounding Doge: Lisa Mascaro highlights the legal challenges and political scrutiny faced by Doge. Questions are raised about the authority and legality of actions taken by this department. There is mention of the involvement of Vivek Ramaswamy in the initial establishment, and how this aligns with broader conservative goals of cutting back federal government size and spending. Congressional and Public Scrutiny: The initiative has sparked debates and raised questions in Congress and among the public. There are historical parallels with past governance styles, but nothing quite matches DOGE's scale and influence fueled by Musk's vast reach and resources. Follow Our Host:  @LevinsonJessica @lisamascaro

    36 min
  3. FEB 4

    Exploring Trump's New Cabinet: Controversial Picks and Confirmation Hearings

    In this episode of Passing Judgment, we explore the political landscape of President Trump's new cabinet picks through the expert lens of Michelle Shen from CNN's politics team. Jessica and Michelle dissect the confirmation hearings of controversial figures like Robert F. Kennedy Jr. for Health and Human Services Secretary and Tulsi Gabbard for Director of National Intelligence, along with Elise Stefanik's smoother path as UN Ambassador. The discussion sheds light on the intrigues and political maneuvers surrounding these nominations and their potential impact on Trump's administration over the next four years. Here are three key takeaways you don't want to miss: RFK Jr.'s Nomination for Health and Human Services Secretary: The discussion focuses on RFK Jr.'s controversial stance on vaccines and his break from the Kennedy family, who have been stalwarts in the Democratic Party. His views, which have been scientifically disproven, present difficulties in his confirmation process, even among some Republicans. Media and Reporting Challenges: Michelle Shen shares the challenges faced in reporting on the Trump administration, emphasizing the importance of careful fact-checking and contextualization in her journalism work. Inauguration Reflections: Shen reflects on the inaugural weekend, highlighting the contrast between Trump supporters and the wealthier individuals who have close access to him. This theme underscores questions of who will have influence in Trump's administration. Follow Our Host:  @LevinsonJessica @Michelle_shen10

    29 min
  4. 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
4.7
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?

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