Passing Judgment (Jessica Levinson)

In this episode of Passing Judgment, we delve into the intricacies of the MAGA movement with Isaac Arnsdorf, a national political reporter for The Washington Post. Isaac shares insights from his new book, "Finish What We Started: The MAGA Movement's Ground War to End Democracy," examining the evolution of MAGA from its roots in earlier American political ideologies to its transformation post-January 6th. Join us as Isaac explains the movement's shift towards more extreme elements and its strategy to infiltrate the Republican Party from the ground up, as well as discussing potential scenarios for future elections and the ongoing impact on American democracy.

Here are three key takeaways you don't want to miss:

1️⃣ Historical Continuity and Evolution: The MAGA ideology connects back to older political traditions in America, such as the non-interventionist "America First" ethos of the 1930s and the conservative backlash against the New Deal. This historical perspective helps explain the resurgence and transformation of these ideologies in today's political landscape.

2️⃣ Transformation of the MAGA Movement Post-January 6th: Isaac elaborates on how the MAGA movement became more radicalized and inclusive of extreme right elements post-January 6th. This was driven by grassroots efforts rather than Trump himself, with significant influence from figures like Steve Bannon aiming to deeply integrate the movement within the Republican Party.

3️⃣ Impact and Strategies for Future Elections: Arnsdorf expresses concerns about potential disruptions in future elections, noting preparations for legal strategies that could make elections contentious and the worrying prospect of political violence or disruptive actions at crucial electoral stages.

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 @LevinsonJessica

@Iarnsdorf

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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 @LevinsonJessica

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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 @LevinsonJessica

This week's episode of the Passing Judgment podcast, host Jessica Levinson, breaks down the significance of the Supreme Court's code of ethics. While it may come as a surprise to some, this is actually the first time in our nation's history that such a code has been implemented for Supreme Court justices. And while the introduction of the code is a step in the right direction, it is important to note that it lacks an enforcement mechanism🧑‍⚖️.

Here are 3 key takeaways from the episode:

1️⃣ Code of Ethics: The Supreme Court has adopted a code of ethics for the first time in the nation's history. This code emphasizes the importance of fairness, impartiality, and the proper administration of justice.

2️⃣ Lack of Enforcement: While this code of conduct is a step in the right direction, it is notable that there is no enforcement mechanism in place. This limits its effectiveness in ensuring accountability for ethical violations.

3️⃣ Public Pressure Matters: The adoption of the code of ethics is believed to be a response to ongoing criticism and ethics scandals involving Supreme Court justices. It highlights the significance of public scrutiny and the impact it can have on our judiciary.

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On X formerly known as Twitter: @LevinsonJessica

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.

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 @LevinsonJessica

In this week's episode of the Passing Judgment podcast, host Jessica Levinson engages in a compelling discussion with guest Dean Baker, co-founder of the Center for Economic and Policy Research, on the state of the economy and associated governance challenges. Join us as we cover a range of crucial economic issues, shedding light on several key takeaways for you listeners.

Here are three key takeaways you don't want to miss:

1️⃣ Economic Perception vs. Reality: Despite public perception of a negative economy, the data tells a different story. With low unemployment rates, high workplace satisfaction, and real wage gains, the economy is showing positive signs.

2️⃣ The Influence of Pessimism on Economic Behavior: While people may feel negatively about the economy, high levels of consumer spending, particularly on non-essential items, suggest that behavior does not always align with perception.

3️⃣ The Tension Between Expertise and Politics: Issues like combatting global warming, altering prescription drug research financing, implementing a financial transactions tax, and addressing CEO pay are key priorities, but there are structural government challenges hindering progress.

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On X formerly known as Twitter: @DeanBaker13

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On Threads: @LevinsonJessica

This week's episode of the Passing Judgment podcast, we are joined by the president of CREW (Citizens for Responsibility and Ethics in Washington), Noah Bookbinder. We delve into the recent lawsuit filed by CREW in Colorado. The suit claims that former President Trump is disqualified from holding public office due to his alleged violation of Section 3 of the 14th Amendment. This provision prohibits individuals who have engaged in insurrection or rebellion against the United States from holding federal or state office. Tune in to better understand the intersection between the law, politics, and the preservation of democracy.

Here are the three key takeaways from the episode:

1️⃣ In the state of Colorado there's a unique law that allows voters to sue to remove candidates who are not qualified to serve. This provided an avenue for the plaintiffs, 6 Republican and unaffiliated Colorado voters, to challenge Trump's eligibility for the ballot.

2️⃣ The lawsuit is considered ripe for review because Trump has already declared himself a candidate for president, actively fundraising, and giving campaign speeches. With the possibility of him filing paperwork and being put on the ballot, time is of the essence for this case.

3️⃣ Section 3 of the 14th Amendment: This provision was added to the Constitution after the Civil War to prevent those who engaged in insurrection or rebellion against the United States from holding public office. Previous cases and decisions in state courts have interpreted and applied this section to disqualify individuals. CREW's success in a similar case in New Mexico highlights the potential impact of this provision.

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On X formerly known as Twitter: @NoahBookbinder

Check out CREW here.

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On X formerly known as Twitter: @LevinsonJessica

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

In this episode of Passing Judgment, we delve into a shocking yet somewhat unsurprising ruling from judge Aileen Cannon on the Mar-a-Lago case against former president Trump. On July 15th, Judge Cannon dismissed all charges related to Trump's unlawful retention of sensitive government documents, citing unconstitutional appointment of special counsel Jack Smith. Host Jessica Levinson takes us through the intricacies of the appointment clause of the constitution, Judge Cannon's legal reasoning, and the likely path forward, including a potential appeal to the 11th Circuit.

Here are three key takeaways you don't want to miss:

1️⃣ Dismissal of the Mar-a-Lago Case Against Trump: Judge Aileen Cannon dismissed the federal case against former president Trump involving his retention of sensitive government documents at his Mar-a-Lago residence.

2️⃣ Appointments Clause and Constitutionality: Judge Cannon's decision to dismiss the case was based on her interpretation of the Appointments Clause in the Constitution.

3️⃣ Potential Impact on Other Cases: The ruling could potentially affect the DC election interference case but does not impact state cases. Other federal judges, including Judge Chutkan in the DC case, have not made similar rulings regarding Jack Smith's appointment.

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 @LevinsonJessica

In this episode of Passing Judgment, host Jessica Levinson is joined by Joey Garrison, USA Today's White House correspondent, to navigate the latest developments of the Trump administration. They discuss key topics such as executive orders, federal workforce cuts, tariffs, and the influence of Elon Musk's Doge efforts. Additionally, they explore the Democrats' strategic responses and the congressional dynamics surrounding President Trump's economic and foreign policies.

Here are three key takeaways you don't want to miss:

White House Changes and Cuts: The discussion begins with Joey Garrison outlining the sweeping changes made by the Trump administration, particularly through executive orders aimed at fulfilling promises to the MAGA base. A significant emphasis was on the creation of Doge, led by Elon Musk, which has been actively involved in restructuring federal departments and proposing workforce reductions.

Impact of Tariffs on the Economy: The tariffs imposed on neighboring Mexico and Canada, as well as increased tariffs on Chinese imports, formed another major topic. The discussion touched on the political and economic ramifications of these tariffs, including rising consumer prices, diminished consumer confidence, and negative polling for President Trump on economic management.

Foreign Policy – Ukraine and Russia: A significant portion of the episode covers the meeting between President Trump and Ukrainian President Zelensky, primarily concerning US-Ukraine relations and mineral agreements. The dispute and its implications for US support to Ukraine were discussed, with Trump administration's stance on withholding aid until diplomatic talks are pursued by Ukraine.

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 @LevinsonJessica

@joeygarrison

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.

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 @LevinsonJessica

@bykatiebuehler

Want to know more about the intersection of AI and the law? Check out this week's episode of Passing Judgment podcast with Congressman Ted Lieu. He shares his expertise on the benefits and potential detriments of AI and discusses its implications for healthcare, national security, and the upcoming election season.

Here are 3 key takeaways from the episode:

1️⃣ Protecting ourselves from deepfake technology: Congressman Lieu highlights the proliferation of deepfake videos and audios. He emphasized the importance of skepticism, industry-led initiatives for content authority, and legislation for disclosure of social media ads to mitigate the impact of deepfakes on public perception.

2️⃣ Ensuring equitable AI outcomes: We delved into the potential biases in AI algorithms and how the government and private sector can work together to promote diversity, equity, and inclusion initiatives in AI programs. Congressman Lieu emphasized the importance of auditing, validation, testing, and leveraging existing legal frameworks for addressing discriminatory AI practices, particularly in hiring decisions.

3️⃣ Regulating AI: Congressman Lieu provided insights into the regulatory approach to AI, emphasizing the need for careful scrutiny of AI applications in critical sectors such as transportation and employment, along with the importance of mitigating discriminatory biases in AI programs.

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On X formerly known as Twitter: @TedLieu

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On X formerly known as Twitter: @LevinsonJessica

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.

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 @LevinsonJessica

In this episode of Passing Judgment, we delve into the multifaceted challenges of election coverage and the pervasive issue of media polarization. Jessica Levinson hosts senior political reporter Aaron Blake from The Washington Post, as they navigate the treacherous waters of misinformation and its threat to democracy. Highlighting recent headlines, they discuss Hunter Biden's conviction and its potential ripple effects on the 2024 election. Together, they dissect the selective prosecution cases involving Trump and Biden, raising questions about voter perceptions and the prioritization of legal cases.

Here are three key takeaways you don't want to miss:

1️⃣ Hunter Biden's Conviction: The recent conviction of Hunter Biden for lying on a federal form and illegal gun possession is discussed, with Aaron Blake suggesting that this may have limited effect on the political landscape and President Joe Biden’s reputation among the majority of voters.

2️⃣ Potential Running Mates for Trump: Potential vice-presidential picks for former President Trump are discussed with Marco Rubio and Tim Scott highlighted as strong contenders.

3️⃣ Economic Concerns and Inflation: Blake highlights inflation as a primary economic concern that could impact President Biden’s reelection prospects. The challenges the Biden campaign faces in effectively communicating the economic situation to voters are discussed.

Subscribe to the "Campaign Movement" Newsletter and receive Aaron Blake's essential guide to the 2024 Election!

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 @LevinsonJessica

@AaronBlake

This week's episode of the Passing Judgment podcast we have a riveting discussion with special guest Hugo Lowell, a prominent political investigations reporter for The Guardian. As he joins our host, Jessica Levinson, together they tackle the intriguing and complex case surrounding former President Donald Trump 🤔.

Here are 3 key takeaways from the episode:

1️⃣ Judge Eileen Cannon's relationship with prosecutors and deference to the Trump team has raised eyebrows. Her insistence on classified discovery being produced in a skiff in the district where the case is brought and her concerns about potential collisions of criminal cases involving Trump have been questioned. Will the special counsel team challenge her actions?

2️⃣ Trump's legal team seems to be banking on delaying the trials past the 2024 election to avoid criminal liability. The introduction of classified information and the unconventional application of the Classified Information Procedures Act (CEPA) by Judge Cannon are contributing factors.

3️⃣ A separate federal case involving election interference on January 6th highlights a judge with little patience for delay tactics. The obstruction case using the 15/12 statute is strong, and prosecutors do not necessarily have to prove that Trump knew he had lost the election to make their case. Will this federal case have an impact on the overall legal battle?

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On X formerly known as Twitter: @HugoLowell

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On X formerly known as Twitter: @LevinsonJessica

In this episode of Passing Judgment, we dive into the rapid-fire executive orders issued during the first week of President Trump’s second administration. Joined by political reporter Megan Lebowitz, Jessica explores key topics such as immigration, energy policies, transgender rights, and foreign policy changes. Megan also discusses her recent article on Trump's comments about Ukraine and his stance on international relations.

Here are three key takeaways you don't want to miss:

Unprecedented Volume of Executive Orders: President Trump has issued dozens of executive orders in his first few days, a stark contrast to his previous term. From birthright citizenship to energy production, the scope is extensive and impactful.

Immigration Policies Under Scrutiny: Key actions include the reinstatement of the remain-in-Mexico policy and the suspension of refugee resettlement. These orders are set to face significant legal pushback.

Shift in Foreign Policy and Public Health: Withdrawal from international organizations like the WHO and the Paris Climate Accord signifies a return to Trump’s "America First" policy. Public health funding and higher education grants are also restructured, particularly impacting DEI initiatives.

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 @LevinsonJessica

@megan_lebowitz

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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 @LevinsonJessica

In today's episode of the Passing Judgment podcast, host Jessica Levinson discusses the recent lawsuits filed by over 3 dozen states against Meta for allegedly promoting addictive behavior and pushing harmful content to minors.

Here are three key takeaways from the episode:

1️⃣ Congress's inaction has led to a dangerous vacuum when it comes to protecting children and teens on social media. The absence of federal legislation has prompted states to sue Meta, seeking to hold them accountable for their alleged violations of privacy and consumer protection laws.

2️⃣ Evidence shows a strong link between time spent on social media and increased depression, anxiety, and self-esteem issues among kids and teens. Cyberbullying and exposure to harmful content have even been linked to the death of minors. It's crucial that we address these issues and prioritize the mental health of our younger generations.

3️⃣ While Meta has made some reforms and safety improvements, more needs to be done. Content moderation, algorithm changes, and increased privacy protections are essential to mitigate the harm faced by minors. Without federal legislation, lawsuits filed by the states may serve as a means to push for change in the absence of proactive action.

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On X formerly known as Twitter: @LevinsonJessica

In this episode of Passing Judgment, Jessica Levinson sits down with guest Edward Foley to delve into the intricate world of disputed elections, legal challenges, and the evolving landscape of American democracy. Foley shares his insights on the confluence of historical election disputes with current events, the critical role of clear election rules, and the challenges faced in ensuring fair and accurate elections. From discussing his book on the history of disputed elections to shedding light on the nuances of judicial behavior and election administration, this episode offers a deep dive into the complexities and nuances of election law and constitutional principles.

Here are three key takeaways you don't want to miss:

1️⃣ Disputed Elections and Democratic Stability: Foley discusses the confluence of conspiracy theories with disputed elections, emphasizing the need for clear election rules, competent institutions, and a strong civic culture to support democratic governance.

2️⃣ Judicial Behavior and Supreme Court Dynamics: Foley shares insights on the evolution of judicial behavior, noting the increased visibility of judges through various public engagements like social media, book authoring, and public appearances. The discussion raises concerns about Supreme Court justices' extracurricular activities and potential biases, as well as historical parallels in such behaviors.

3️⃣ Election Procedures and "Blue Shift" Phenomenon: The podcast addresses challenges in election procedures, particularly regarding absentee ballots verification procedures. It delves into the concept of the "blue shift" in elections, where Democrats tend to gain ground on late-counted ballots leading to a shift in results favoring the Democratic candidates as more ballots are processed.

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 @LevinsonJessica

@Nedfoley

In this episode of Passing Judgment, host Jessica Levinson and guest Ankush Khardori delve into the tangled web of legal challenges surrounding former President Trump. We dissects a series of cases poised to reshape our understanding of presidential immunity and the limits of executive power. Tune in for an episode rich in legal insight, where the implications of these judicial battles are laid bare, revealing a complex mosaic of potential outcomes that could alter the political and legal landscape.

Here are three key takeaways you don't want to miss:

1️⃣ Trump's Immunity and Public Perception: A significant portion of the discussion revolved around Trump's claims of immunity, the consequences of his potential conviction, and public opinion on the matter, noting a poll revealing a potential conviction would negatively impact his support among independents and Republicans.

2️⃣ Michael Cohen's Credibility: Ankush Khardori discussed the use of Michael Cohen’s public statements to question his reliability in the trial, highlighting inconsistent statements and animosity towards Trump. The challenges of proving Trump's knowledge of wrongdoing and rehabilitating Cohen as a witness were also explored.

3️⃣ Mar-a-Lago Case & Jury Instructions: We delve into the Mar-a-Lago case, with a particular focus on proposed jury instructions and Judge Eileen Cannon's rulings. We voiced concerns about the legality and implications of the proposed instructions and the judge’s perceived favorable treatment of Trump's arguments.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we delve deep into the complex world of voting rights and election integrity with renowned UCLA professor Rick Hasen. The discussion navigates through the intricacies of Hasen's recent books, "A Real Right to Vote," where he advocates for a constitutional amendment to solidify voting protections, and "Cheap Speech," which examines the dangers of disinformation in our political landscape. Join Jessica Levinson as she and Hasen dissect the balance between maintaining ballot security and ensuring broad voting access, the role of the Supreme Court in shaping these rights, and the urgent challenge of combating political disinformation in the digital age.

Here are three key takeaways you don't want to miss:

1️⃣ Voting Restrictions and Integrity: Rick Hasen discusses the necessity of certain voter restrictions and identification verification to maintain the integrity of elections. He acknowledges the challenges and criticisms associated particularly with rules around absentee ballots and instances of election fraud, highlighting the complexity of balancing accessibility with security.

2️⃣ Disinformation in Politics: Jessica Levinson brings up the issue of disinformation, and Hasen elaborates on its detrimental impact on elections, as detailed in his book "Cheap Speech." They discuss the challenges posed by social media and the spread of false information, especially during the 2020 election cycle, and the balance between free speech and the necessity for accurate information.

3️⃣ Legal Uncertainties and Electoral Litigation: Hasen notes the unique, decentralized, and highly partisan nature of U.S. elections, contributing to frequent litigation over voter registration and eligibility. He expresses concern about the Supreme Court's approach to such issues, fearing that ongoing legal uncertainties could delay crucial resolutions, especially in a polarized political climate.

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On Threads: @LevinsonJessica

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

In this episode of Passing Judgment, we delve into the blockbuster Supreme Court case regarding presidential immunity. Host Jessica Levinson takes you through the Court's 6-3 ruling on whether a president or former president enjoys some or absolute immunity from criminal prosecution. This pivotal decision arose from former President Trump's alleged actions related to the January 6 events and the so-called DC election interference case. Tune in as Jessica explains the intricacies of this landmark case, its implications for the future, and what it means for the ongoing legal battles surrounding former President Trump.

Here are three key takeaways you don't want to miss:

1️⃣ Supreme Court Decision on Presidential Immunity: The Supreme Court issued a 6-3 ruling on most issues, with Chief Justice John Roberts writing the majority opinion.

2️⃣ Impact on Legal Proceedings: The case is unlikely to go to trial before the election, which could impact the case if Trump wins.

3️⃣ Practical Implications for Prosecutors: The majority opinion restricts the use of evidence of official conduct to prove private acts, making it harder for prosecutors to prove cases involving presidents or former presidents.

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 @LevinsonJessica

In this episode of Passing Judgment, we dive into the high-profile defamation cases filed by journalist E. Jean Carroll against former President Donald Trump. Our guest for today is Erica Orden, a reporter for Politico, who was at the forefront of the courtroom proceedings. Join us as we explore the legal intricacies of the case, the jury's decision, the behavior of the involved parties, and the impact of Trump's presence during the trial.

Here are three key takeaways you don't want to miss:

1️⃣ Trump's Behavior: Trump's conduct in the courtroom likely influenced the jurors' decision in the second trial. It raises questions about his ability to comply with court etiquette and handle upcoming criminal trials where his presence is mandated.

2️⃣ Judge Kaplan's Firm Hand: Judge Kaplan's strict demeanor and rules within the courtroom shed light on the tension and emotion present during key testimonies, and provide insights into the judiciary's handling of complex legal battles.

3️⃣ Attorney Roberta Kaplan's Effort: Renowned for her pivotal legal battles, Roberta Kaplan's role in advocating for her client, E. Jean Carroll, demonstrates the significance of a well-prepared and experienced legal team in navigating high-stakes trials.

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On Threads: @LevinsonJessica

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

In the latest episode of the Passing Judgment podcast our host, Jessica Levinson delves into a significant Supreme Court case involving gun control. The case, US versus Rahimi, has sparked discussions about the court's position on gun control measures and their constitutionality. Tune in to gain insights into the legal intricacies of this case and the potential implications for future gun control regulations.

Here are three key takeaways from the episode:

1️⃣ The Supreme Court is reevaluating a 2022 landmark decision regarding the constitutionality of gun control measures, indicating potential shifts in the conservative stance.

2️⃣ The case in question, "US versus Rahimi," involves the constitutionality of a law prohibiting individuals under domestic violence restraining orders from possessing guns. This raises complex questions about historical tradition and the Second Amendment.

3️⃣ Justice Sonia Sotomayor's powerful statement highlights the critical role of gun control measures in protecting individuals, especially in cases of domestic violence.

Explore the MSNBC column authored by our host and Loyola Law School professor, Jessica Levinson, for a comprehensive overview of the Supreme Court and its ruling🗣!

https://www.msnbc.com/opinion/msnbc-opinion/supreme-court-gun-control-ruling-rahimi-rcna124289

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On X formerly known as Twitter: @LevinsonJessica

In our latest episode of Passing Judgment, host Jessica Levinson breaks down the recent decision by the Colorado Supreme Court regarding the eligibility of former President Donald Trump to appear on the state's 2024 primary election ballot. She delves into the reasons behind her belief that the verdict might be overturned and discusses why she thinks the case will ultimately end up at the US Supreme Court.

Here are three key takeaways you don't want to miss:

1️⃣ Colorado Supreme Court's Decision: The court relied on section 3 of the 14th Amendment to conclude that Donald Trump is constitutionally barred from appearing on the state's 2024 primary election ballot.

2️⃣ Implications for the US Supreme Court: This case is likely to head to the US Supreme Court for resolution, and the decision could have significant political implications.

3️⃣ Potential Outcome: While the host believes that the US Supreme Court will overturn the Colorado decision, the case presents complex legal and political considerations that will require careful navigation.

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On Threads: @LevinsonJessica

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.

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 @LevinsonJessica

In the latest episode of the Passing Judgment podcast, we delve into a variety of legal cases and hot topics currently on the Supreme Court's docket. We're rejoined by David Savage, one of the nation's experts as we unravel the intricacies of these captivating legal matters.

Here are three key takeaways from the episode:

1️⃣ Diverse Perspectives on the Supreme Court: Contrary to popular belief, not all conservative justices on the Supreme Court think the same way. While they may have made conservative rulings on issues like abortion and affirmative action, there are notable differences among them, reflecting a range of conservative views.

2️⃣ The Impact of Regulatory Laws on Gun-Related Offenses: The case involving Hunter Biden's gun-related offense sheds light on the existence of various regulatory laws and their potential impact on other gun-related prosecutions. This case has the potential to initiate a significant Second Amendment discussion in the Supreme Court, prompting considerations of history, tradition, and the scope of constitutional rights.



3️⃣ Social Media Regulation: With different states having varying views on what content should be allowed on social media platforms, the issue of government regulation becomes complex. The episode explores recent cases where Trump-appointed judges in different circuits had differing opinions on states' authority to regulate social media. The Supreme Court's decision in this matter could have wide-ranging implications for free speech, censorship, and states' rights.

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On X formerly known as Twitter: @LevinsonJessica

In this episode of Passing Judgment, Jessica delves into the political and legal ripple effects following President Joe Biden's unexpected decision to withdraw from seeking the Democratic nomination. She examines the current political landscape, with Democrats rallying around Vice President Kamala Harris, and discusses the complex legal procedures of picking a new nominee at the convention. Tune in as Jessica navigates this unprecedented moment in American politics and answers the burning questions on everyone's minds.

Here are three key takeaways you don't want to miss:

1️⃣ Political Impact of Biden's Decision: President Joe Biden's announcement not to seek the Democratic nomination is unprecedented and has significant political repercussions.

2️⃣ Role of Delegates: Delegates previously pledged to Biden are now free agents but are likely to support Harris if she garners the necessary backing.

3️⃣ Potential Running Mates for Harris: Kamala Harris is expected to choose a running mate who can strategically enhance the ticket’s chances in crucial swing states.

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 @LevinsonJessica

In this episode of Passing Judgment, Jessica Levinson dives deep into the legal intricacies surrounding protests on college campuses, specifically addressing First Amendment protections and relevant federal laws. By discussing these themes, Jessica Levinson aims to provide a legal framework for understanding the complexities of First Amendment protections and other related legal aspects in the context of college protests, influenced by ongoing events like the war in Gaza but strictly from a legal perspective, avoiding political discussions. Join us as Jessica provides a thorough legal framework to help us understand these complex dynamics, setting the stage for informed discussions on rights, responsibilities, and the reach of the law in educational settings.

Here are three key takeaways you don't want to miss:

1️⃣ First Amendment Protections in Protests: The episode delves into how the First Amendment ensures robust protection for speech and expressive conduct during protests.

2️⃣ Limitations on Speech: While the First Amendment offers broad protections, there are permissible limitations. Levinson explains that these restrictions must be content-neutral—applied uniformly regardless of the speaker's identity or viewpoint and should ideally serve a legitimate purpose like ensuring safety, without being a pretext for suppressing undesirable viewpoints.

3️⃣ Federal Laws Impacting Protests: Levinson addresses how the Civil Rights Act of 1964 (particularly Title 6) intersects with campus protests. Actions during protests that discriminate based on race, color, or national origin, or that disrupt educational opportunities for these groups, might constitute violations under Title 6.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we delve into the historic conviction of former President Donald Trump on 34 counts of falsifying business records. We also discuss the possible ramifications, including whether Trump can vote or run for president as a convicted felon, potential sentencing outcomes, and the likelihood of appeals.

Here are three key takeaways you don't want to miss:

1️⃣ Felony Elevation: Falsification of business records is typically a misdemeanor. It becomes a felony if done to commit or conceal another crime. In this case, the prosecution argued it was to unlawfully interfere with the election by committing federal campaign finance violations, tax fraud, or falsification of other business records.

2️⃣ Sentencing: Trump’s sentencing is set for July 11th. Jessica anticipates probation rather than prison time due to the non-violent nature of the crimes and Trump being a first-time offender.

3️⃣ Impact on Presidential Run: The conviction does not bar Trump from running for or serving as President. The Constitution only precludes those convicted of insurrection from holding office.

Join us as Jessica unpacks the legal intricacies of this unprecedented case and its implications for the future.

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 @LevinsonJessica

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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 @LevinsonJessica

@srl

In this episode of the Passing Judgment podcast, we're joined by Laura Kusisto, national legal affairs reporter for The Wall Street Journal, to discuss the state of abortion rights in America one year after the Supreme Court's decision in Dobbs. They explore the shifts in legislation and litigation surrounding abortion, emphasizing the political and legal hurdles faced by the anti-abortion movement. Overall, the episode delves into the complex landscape of abortion rights in post-Roe America.

Here are three key takeaways from the episode:

1️⃣ Contrary to initial expectations, fewer states have outright banned abortions post-Roe v Wade than anticipated. About a dozen states have passed significant restrictions, but many face political and legal hurdles. Voter support for abortion rights remains strong, even in politically mixed or conservative states like Michigan and Kansas.

2️⃣ Republicans in states like Kansas, Kentucky, and Michigan have faced setbacks in their efforts to restrict abortion. Attempts to pass restrictive legislation have been met with opposition from voters, leading to upset victories for the abortion rights movement. The political landscape is proving that even traditionally conservative states have a significant population in support of abortion rights.

3️⃣ State Supreme Court decisions protecting abortion rights are more fragile than federal Supreme Court decisions based on the US Constitution. State constitutions may contain more explicit provisions protecting privacy and equality, allowing for the interpretation of abortion protections. However, state courts are subject to turnover and political pressures, leading to the potential reversal of decisions in short periods.

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On X formerly known as Twitter: @LauraKusisto

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On X formerly known as Twitter: @LevinsonJessica

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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 @LevinsonJessica

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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 @LevinsonJessica

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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 @LevinsonJessica

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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 @LevinsonJessica

@Joshgerstein

Let's dive into the intriguing world of legal cases involving former President Donald Trump. With a multitude of indictments, federal trials, and state investigations, it can be challenging to keep track of all the allegations and their implications.

Our host is joined by special guest Rebecca Beitsch as they unpack the latest developments in these cases, including the controversy surrounding RICO conspiracy charges and the federal case relating to the 2020 election.

They discuss the unique aspects of these cases, such as the involvement of a candidate for federal office and the legality of hush money payments. Jessica and Rebecca also examine the strategic decisions being made by defense attorneys, the upcoming trial dates, and potential implications for the former president. So, put on your legal thinking caps, because we're about to pass judgment on these complex and consequential legal battles.

Don't miss the premiere of season 5!

Meet Our Guest

Rebecca Beitsch is The Hill’s national security and legal affairs reporter where her beat spans immigration, the intelligence community, and high-stakes legal battles, including investigations concerning former President Trump. She previously covered criminal justice and civil rights issues at Stateline and worked as a statehouse reporter in North Dakota and Missouri. She is a graduate of the University of Missouri and also served as a Peace Corps Volunteer in Panama. Rebecca can be reached at rbeitsch@thehill.com.

Follow Rebecca on X formerly known as Twitter @rebeccabeitsch

Read more of Rebecca's articles here.

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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:

1. 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.
2. 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.
3. 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.

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 @LevinsonJessica

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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@Joeygarrison

 @LevinsonJessica

In this episode of Passing Judgment, we delve into the Trump administration's controversial federal buyout plan aimed at reducing the workforce. Jessica is joined by expert guest Tami Luhby to unpack the deferred resignation offer's complexities, union opposition, and the vagueness surrounding its terms. We explore how these workforce reductions could impact government services and the ongoing legal battles related to this initiative.

Here are three key takeaways you don't want to miss:

Federal Buyout Plan: The Trump administration aimed to downsize the federal workforce, incorporating a controversial program called the deferred resignation offer. Approximately 2 million federal employees were offered this program, where 77,000 accepted the resignation offer. However, there was confusion and reported ineligibility among recipients.

Legal Proceedings: A Boston judge twice paused the program, considering the unions' claims, but ultimately decided they lacked standing, supporting the administration’s effort to proceed with the buyout program.

Impact on Services: The reduction in workforce potentially affects various essential services such as Social Security and Veterans Affairs, leading to concerns about extended wait times and disrupted services for the public.

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 @LevinsonJessica

@Luhby

Join us in a thought provoking conversation about the Republican Party's transformation and the potential impacts of court decisions on elections and politics. We're joined by Dr. Norm Ornstein; senior fellow emeritus at the American Enterprise Institute, as he provides eye-opening insights offering a perspective on the potential emergence of a figure with Trump-like views in the party's future.

Here are three key takeaways you don't want to miss:

1️⃣ The Republican Party's journey from a traditional problem-solving entity to a more right-leaning stance, influenced by historical struggles with authoritarians and tribalism, presents significant implications for the country's political trajectory.

2️⃣ Thought-provoking discussions on the influence of money in politics, ethical concerns within the court system, and the impact of individual decisions on significant outcomes, such as Supreme Court decisions.

3️⃣ The potential scenarios for the next 4 years in the U.S., including the implications of potential executive appointments, structural problems in the Senate, and concerns about the electoral college's impact on the legitimacy of elections.

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On Threads: @NormOrnstein

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On Threads: @LevinsonJessica

In today's episode of the Passing Judgment podcast, we explore the intricacies of the legal realm and examine the most recent developments in the ongoing civil case against the former president. Our guest is Elie Honig, a CNN senior analyst and the bestselling author of 'Hatchet Man.' Together, we delve into the allegations of fraud, witness tampering, and their potential implications for our justice system. From analyzing the judge's ruling to questioning the validity of guilty pleas, this episode leaves no stone unturned. We also delve into the power dynamics, legal strategies, and potential solutions within this captivating case, which could have significant, far-reaching consequences.

Here are three key takeaways from the episode:

1️⃣ The judge's summary judgment ruling in favor of the attorney general has raised concerns about bias and prematurely determining the case's outcome without considering genuine disputes of material facts.

2️⃣ Gag orders can limit speech and expression, but they are important tools to ensure a fair trial. Maybe it's time to rebrand them to be less restrictive while maintaining their purpose.

3️⃣ Powerful individuals often pay for co-defendants' legal representation, making it harder for them to cooperate with authorities. These dynamics can complicate prosecutions, highlighting the need for DOJ policies that discourage such practices.

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On X formerly known as Twitter: @ElieHonig

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On X formerly known as Twitter: @LevinsonJessica

In this episode of Passing Judgment, we delve into the intricacies of the New York hush money payment case involving a former president – a state criminal trial of immense historical significance as it's the first to proceed against an ex-commander-in-chief. Host Jessica Levinson, alongside court and justice reporter Ella Lee, unpacks the legal complexities facing the prosecution, particularly the challenge of proving intentional fraud linked to the 34 felony counts of false business records. Join Jessica and Ella as they navigate the tangled web of legal battles surrounding one of the nation's most polarizing political figures.

Here are three key takeaways you don't want to miss:

1️⃣ New York Hush Money Payment Case: This segment introduces the trial concerning former President Trump's alleged hush money payments, which is notable for being the first criminal trial against a former president in U.S. history. There's a discussion on the legal challenges, particularly the difficulty of proving intentional fraud and the connection to another crime.

2️⃣ Legal Nuances and Jury Impact: Jessica and Ella discuss anticipated challenges for both the prosecution and the defense. For the prosecution, convincing the jury of the witnesses' credibility, especially Michael Cohen's, is anticipated to be difficult. The defense is expected to face challenges due to the case's high profile and the polarizing figure of Trump.

3️⃣ Trial Timing and Political Considerations: Speculation about when other cases might go to trial before the November elections is discussed, including the implications of Department of Justice policies regarding pursuing cases close to elections and considerations judges might have on trial scheduling.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, Jessica Levinson dives into a thought-provoking discussion with guest, novelist and essayist, Stephen Marche. Together, they dissect the corrosive impact of money in American politics, the flaws in the electoral college system, and the urgent need for profound electoral reforms.

Here are 3 key takeaways from the episode:

1️⃣ Money in Politics: The conversation delves into the damaging effects of unlimited corporate spending in elections, the influence of dark money mechanisms, and how fundraising can shape politicians' priorities and actions.

2️⃣ Flaws in the Electoral College System: We discuss the significant flaws in the electoral college system and express concern about its potential collapse, leading to an illegitimate government.

3️⃣ Necessity for Electoral Reforms: From the limitation of campaign spending and donations to open primaries, it's clear that significant changes are needed to address corruption, ensure the legitimacy of the political system, and empower a more representative democracy.

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On X formerly known as Twitter: @StephenMarche

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On X formerly known as Twitter: @LevinsonJessica

In this week's gripping episode of "Passing Judgment," host Jessica Levinson and esteemed guest, Lawrence Hurley of NBC News, unpack the complexities of Trump's request for immunity and the potential consequences for our legal system. Join them as they dive into the mechanics of our judicial system, and the razor's edge upon which current events balance. ⚖️

Here are three key takeaways you don't want to miss:

1️⃣ Supreme Court Decisions: How upcoming Supreme Court rulings could reshape the election landscape and set precedents on presidential immunity.

2️⃣ Separation of Powers: The implications of the DC Circuit's stance against absolute immunity and what it means for the checks and balances of our system.

3️⃣ Legal Uncertainty and Timeline: The potential paths the Trump-related cases might take and the associated uncertainties that could affect the trial and election timelines.

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On Threads: @LevinsonJessica

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On Threads: @LawrenceHurley

In this episode of Passing Judgment, Jessica Levinson sits down with Shayna Jacobs, a federal courts and law enforcement reporter for The Washington Post, to delve into the ongoing Trump hush money trial. With the trial moving at an unexpectedly rapid pace, Jessica and Shayna discuss why this case is progressing faster than anticipated and explore the pivotal role of Michael Cohen's testimony. Tune in as Jessica and Shayna navigate the intricate legal landscape of this high-profile trial and speculate on its potential implications for Trump's political future.

Here are three key takeaways you don't want to miss:



1️⃣ Trial Progression and Timeline: The trial moved faster than expected, with significant progress including jury selection, opening arguments, and witness testimonies. Judge Marchand emphasized keeping the trial on track.

2️⃣ Novelty of the Case: This case is unique because it’s uncommon for falsification of business records to be the primary charge. Typically, it's a lesser charge combined with more significant crimes.

3️⃣ Relevance of Stormy Daniels’ Testimony: Although some details of her testimony might not directly relate to the falsification charges, they were used to establish context and motive for Trump's actions.

Follow Our Host and Guest:

 @LevinsonJessica

@Shaynajacobs

In this episode of Passing Judgment, we explore the recent oral arguments in two cases concerning social media, state laws, and the First Amendment. We walk through the complexities of the justices' struggle to establish a legal framework for addressing content moderation by social media platforms, highlighting the unprecedented nature of these issues in the context of constitutional law. Tune in for an informative discussion on the ever-changing landscape of law and the profound impact it has on our lives.

Here are three key takeaways you don't want to miss:

1️⃣  Big Supreme Court News: The Supreme Court's decision to hear the case regarding a former president's immunity from criminal prosecution has significant implications. This case raises critical questions about the constitutionality of immunity for a former president and the potential impact on future legal proceedings.

2️⃣  Cases Involving Internet, First Amendment, and Social Media: The recent oral arguments on state laws attempting to regulate social media platforms' content moderation choices brought to the forefront the absence of a clear constitutional framework and precedents for addressing such modern technological issues. The Justices' struggle to fit these cases within existing legal categories highlights the need for new frameworks to address emerging technology-related legal concerns.

3️⃣  Role of Congress: The lack of national standards from Congress further complicates the situation, leaving the Justices in a dilemma about who should be making decisions regarding the regulation of social media content moderation.

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On Threads: @LevinsonJessica

In this episode, we dive into the complex intersection of TikTok and the First Amendment. Jessica Levinson breaks down the ongoing debate surrounding a proposed bill that could impact the popular social media app. Join us as we explore the constitutional implications, the distinction between speech and conduct, and the fascinating first amendment questions that arise from this contentious issue.

Here are three key takeaways you don't want to miss:

1️⃣ National Security vs. Free Speech: The federal government argues that the ban is necessary due to national security concerns, believing that TikTok's Chinese ownership could compromise the privacy and national security of American users.

2️⃣ First Amendment Implications: While the government claims it's not a ban on speech, but rather a restriction on commercial conduct, there are strong arguments that this could infringe on the First Amendment rights of both the app and its users.

3️⃣ Legal Challenges: If the bill becomes law, it's likely to face First Amendment challenges in court, with the level of scrutiny on the legislation being a pivotal point of contention.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we discuss the upcoming presidential election with Professor Michael Genovese, President of the Global Policy Institute at Loyola Marymount University. Join us as we delve into the complexities of presidential politics, and examine the impact of media sensationalism, the challenges of giving up power, and the qualities critical for a great president.

Here are three key takeaways you don't want to miss:

1️⃣ The Impact of Political Spectacle: The political landscape has become dominated by spectacle, with the media and public more focused on personalities and entertainment rather than policy.

2️⃣ Leadership Qualities: Drawing from historical perspectives on leadership, such as George Washington and Abraham Lincoln, the conversation underscores the significance of leaders prioritizing the welfare of the people and the country over personal ego.

3️⃣ Presidential Elections and Political Dynamics: The episode delves into the dynamics of presidential elections and the influence of political tribalism; touching on scenarios where leaders may resist relinquishing power and the role of the media and public in shaping political narratives.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, we explore the robust start of Kamala Harris’s 2024 campaign. Joined by political reporter Carla Marinucci, we discuss Harris's impressive early achievements, including 170,000 volunteers and $200,000,000 in donations, mostly from first-time donors. Carla provides insights into Harris's newfound confidence, her strategic focus on reproductive rights and environmental justice, and her strong appeal to young voters. We also address concerns about office turnover and the challenges Harris faces as a female candidate of color. Discover how Harris is reshaping her image and what it means for her political future.

Here are three key takeaways you don't want to miss:

1️⃣ Challenges and Media Criticism: Concerns about high turnover rates in Harris’s office and campaigns and how her status as a tough boss and a woman of color might impact public perception.

2️⃣ Electoral and Policy Strategy: Harris's strategy of making critical connections within the Democratic Party helped her win races, including establishing relationships with key donors and mentors.

3️⃣ Future Challenges: Potential hurdles for her presidential campaign include negative ads, criticisms on policy issues like urban crime and immigration, and her ties to Joe Biden’s presidency.

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 @LevinsonJessica

@Cmarinucci

In this episode of Passing Judgment, we delve into the controversy surrounding the Netflix series "Baby Reindeer" and the legal battle it has sparked. Host Jessica Levinson breaks down the lawsuit brought by Fiona Harvey, who claims to be the real-life inspiration for a character portrayed as a stalker and abuser in the series. Harvey's suit includes allegations of defamation, emotional distress, and violation of her right of publicity. Jessica examines the balance between First Amendment protections for artists and the privacy rights of individuals, discussing why she believes censorship poses a greater danger than the harms claimed by Harvey.

Here are three key takeaways you don't want to miss:

1️⃣ Right of Publicity vs. First Amendment: The episode explores the balance between an individual's right to privacy and freedom of expression.

2️⃣ Impact of Modern Media and Public Scrutiny: Harvey was quickly identified due to social media, escalating her distress and highlighting the modern challenges of privacy.

3️⃣ Artistic Freedom and Public Interest: The episode delves into the importance of protecting artistic freedom, indicating that censorship can be more harmful than the potential injuries to privacy.

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 @LevinsonJessica

On the newest episode of the Passing Judgment podcast, we focus on the ethical dilemmas surrounding Supreme Court justices and their affiliations. Joined by Supreme Court correspondent for USA Today, John Fritze, we delve into Justice Thomas' alleged luxurious trips to Justice Alito's controversies, and examine a web of potential influences on court decisions. Fritze shares his expertise on how the lack of clear authority to enforce ethical rules raises questions about self-policing and potential separation of powers concerns. This episode emphasizes the need for ethics reform and transparency urging us to question the higher standard we hold for our esteemed justices.

Here are three key takeaways from the episode:

1️⃣ Their is a lack of enforcement mechanisms for ethical rules in the Supreme Court and the challenges of self-policing. Who should be responsible for ensuring that justices adhere to ethical standards, and how can we strike a balance between independence and accountability? This is where the need for ethical accountability is necessary.

2️⃣ Ethics concerns may also influence the court's decisions on which cases to take. With public perception playing a role, we explore the potential consequences of aligning case selection with public opinion.

3️⃣ The recent controversies surrounding Justice Thomas and Justice Alito's travel raise questions about transparency and the Supreme Court's declining poll numbers. The implications of these issues on public confidence in the court and the need for ethics reform is emphasized in light of these challenges.

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On X formerly known as Twitter: @Jfritze

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On X formerly known as Twitter: @LevinsonJessica

Today, we have an exciting new episode of the Passing Judgment podcast where we're joined by Dahlia Lithwick, senior legal correspondent at Slate and author of the book "Lady Justice". In this episode, we explore a range of intriguing topics, from the court's centrist decisions and its challenges to regulatory agencies, to the crucial cases that will shape the future of the First Amendment and technology. And don't miss out on our exploration of Georgia legends Sally Yates and Stacey Abrams, their divergent paths in the legal system, and the disparities in access that still persist today.

Here are three key takeaways from the episode:

1️⃣ The episode highlights the impactful work of Stacey Abrams, who fought against voter suppression and created a successful model for other states. This is a reminder that grassroots efforts are integral in shaping our democracy.

2️⃣ We explore the incredible legacy of Pauli Murray, a constitutional hero who played a pivotal role in shaping the thinking about the 14th Amendment. Murray's contribution often goes unrecognized, underscoring the importance of acknowledging the work of unrecognized individuals who fight tirelessly for equality and justice. It's a reminder that progress is driven by nameless heroes.

3️⃣ We discussed the impact of prominent lawyers like Roberta Kaplan, whose high-profile lawsuits have brought about significant legal victories.

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On X formerly known as Twitter: @DahliaLithwick.

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On X formerly known as Twitter: @LevinsonJessica

In this episode, we dive into the highly publicized indictment of Hunter Biden, son of President Joe Biden. From the charges laid against him to the collapse of his previous plea agreement, we unravel the legal complexities surrounding his case. Join us as we analyze the potential defenses, including a surprising Second Amendment argument, and examine the political backdrop against which this indictment unfolds. Stay tuned as we shed light on what this indictment means for Hunter Biden's future and the implications it holds for American politics. 

Here are the three key takeaways from the episode:

1️⃣ Hunter Biden is facing three felony charges related to gun possession and his gun purchase. He allegedly lied on a federal form when purchasing a gun, stating that he was not using controlled substances when he actually was. Additionally, he was in possession of a firearm when he shouldn't have been allowed to.

2️⃣ The plea agreement that was previously in place fell apart in open court. Part of the agreement included a pretrial diversion program, which would have allowed Hunter Biden to avoid prosecution on these gun-related charges. However, the judge expressed concern about the structure of the plea deal, and the Department of Justice couldn't reach an agreement with Hunter Biden's defense team.

3️⃣ Hunter Biden may present two key defenses. First, he may argue that the pretrial diversion agreement still remains in effect and should be honored. However, the Department of Justice maintains that it was never signed by a probation officer and is null and void. Second, Hunter Biden may claim protection under the Second Amendment, arguing that the law prohibiting certain drug users from possessing a gun violates his rights.

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On Twitter @LevinsonJessica

In our latest episode of Passing Judgment, we had the pleasure of hosting Juliette Kayyem, a prominent figure in the fields of homeland security and crisis management. With an extensive background, Juliette brought a wealth of insights about current world events with a focus on the situation in Israel and the implications for disaster management and preparedness.

Here are 3 key takeaways from the episode:

1️⃣ Family Unification: In a crisis, prioritize locating your loved ones and ensuring their safety. Educate your children on what to do in an emergency to prepare them for unexpected situations.

2️⃣ Situational Awareness: Stay informed about real-time developments through various sources, such as apps and social media. Being aware of what's happening around you can help you make informed decisions during a crisis.

3️⃣ Personal Preparedness: Take steps to ensure you have the necessary provisions, such as water, food, and medications, to sustain yourself and your family for up to 72 hours. Being self-sufficient in the immediate aftermath of a disaster can bring peace of mind and reduce the strain on public safety resources.

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On X formerly known as Twitter: @JulietteKayyem

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On X formerly known as Twitter: @LevinsonJessica

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.

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 @LevinsonJessica

@Michelle_shen10

In this episode of Passing Judgment, we explore the latest legal bombshell dropped by the Supreme Court. With an unanimous ruling, the Court determined that states do not have the power to enforce section 3 of the 14th Amendment, which deals with the eligibility of federal candidates. Join us as Jessica dissects the details and disagreements within the Court's opinion and explores its potential impact on future elections and congressional power.

Here are three key takeaways you don't want to miss:

1️⃣ The Supreme Court Ruling: The Colorado Supreme Court's decision was overturned unanimously by the Supreme Court, which held that the state exceeded its authority in determining a federal candidate's eligibility under a specific constitutional amendment.

2️⃣ Implementation and Implications of Section 3: The court's opinion was delivered per curiam, representing the entire bench, with the conservative and liberal justices offering differing perspectives on how Section 3 of the 14th Amendment can be enforced.

3️⃣ Disagreement Between Conservative and Liberal Justices: The ruling highlights the fracture lines within the court, with disagreement on the extent to which Congress can exclude an individual from holding office based on Section 3.

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On Threads: @LevinsonJessica

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.

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 @LevinsonJessica

@lisamascaro

In this episode of Passing Judgment, we delve into the intricacies of the 25th Amendment and the Democratic National Committee's rules concerning presidential succession. Host Jessica Levinson provides a thorough breakdown of what would happen if President Biden steps aside or is declared incapacitated. She explains the history and application of the 25th Amendment, highlighting its various sections and uses. Additionally, she discusses the procedural rules for selecting a new Democratic nominee should President Biden choose not to run.

Here are three key takeaways you don't want to miss:

1️⃣ Historical Context: Several historical instances (e.g., President Harrison's death in 1841, Garfield's incapacitation in 1881, Wilson's stroke in 1919, and Eisenhower's health issues in the 1950s) highlighted the need for clear constitutional guidelines.

2️⃣ The 25th Amendment Section 4: Provides the procedure if the president is deemed unable to discharge duties, which involves the vice president and a majority of the cabinet, and requires a two-thirds vote in both House and Senate for the president to be removed.

3️⃣ Democratic National Committee (DNC) Rules: Discusses the procedural implications if President Biden decides to step aside before or after the Democratic National Convention.

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 @LevinsonJessica

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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 @LevinsonJessica

In this riveting episode of Passing Judgment, host Jessica Levinson delves into the intricate legal battles surrounding former President Trump and the classified documents dispute. Our esteemed guest, Sarah Wire of the Los Angeles Times, unveils the complexities of Trump's assertion of ownership over crucial documents, a stance that's been thwarted by Judge Keenan's recent decision. Throughout the episode, we unravel the strategic delays in the courtroom, weigh the public's right to pre-election transparency, and examine how the pursuit of justice is not merely about the charges themselves, but about the far-reaching implications of cover-ups and electoral integrity. Join us as we pass judgment on these crucial issues that define not just legal boundaries, but also the very contours of our democracy.

Here are three key takeaways you don't want to miss:

1️⃣ Significance of January 6th Insurrection: The podcast also deeply examines the January 6 insurrection, with Sarah Wire sharing firsthand accounts and emphasizing its historical significance. The conversation covers the actions leading to the insurrection, its classification, and the personal impact on those who reported from within the Capitol during the event.

2️⃣ Presidential Records Act and Classified Documents: The Presidential Records Act is discussed, particularly in relation to former President Trump's claims over certain records. The rulings by Judges Keenan and Cannon are highlighted, exploring the legal boundaries of document ownership by a president.

3️⃣ Public Interest in Trial Information: The episode delves into the debate surrounding the timing of trial information release, particularly in the context of elections. The emphasis is on whether the public should have access to trial details before casting votes and how reporters view their role in this process.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, esteemed author and political analyst Jonathan Alter delves into the complexities of Jimmy Carter's presidency, exploring how external factors such as inflation and unemployment marred its perception. Alter highlights similarities between Carter's challenges and those facing current President Joe Biden, drawing attention to historical influences on today's politics. The episode also examines the New York Hush Money case against Donald Trump, emphasizing its significance for law enforcement and democratic norms. Tune in to this episode of Passing Judgment for an encompassing discussion that charts the precarious balance between law, politics, and the ever-changing tapestry of American leadership.

Here are three key takeaways you don't want to miss:

1️⃣ Comparisons Between Carter and Biden: Alter draws parallels between the presidencies of Jimmy Carter and Joe Biden, observing the influence of past presidents on current political scenarios, along with the challenges they face due to changing times and issues.

2️⃣ New York Hush Money Case and Trump: The podcast touches upon the legal troubles surrounding Donald Trump, specifically the New York Hush Money case, and its potential ramifications on the electorate. Alter underscores the gravity of such cases concerning the rule of law.

3️⃣ Condition of the Republican Party: There's an assessment of the Republican Party's evolution, particularly its departure from traditional conservative values, allowing the rise of Donald Trump and presenting new directions for the party.

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On Threads: @LevinsonJessica

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

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

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

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.

In this episode of Passing Judgment, we're delving into the Colorado Supreme Court's recent ruling on whether former president and potential 2024 candidate, Donald Trump, can appear on the state's primary election ballot. We'll break down the legal arguments, the potential implications, and why this decision may land in the hands of the U.S. Supreme Court. Join us as we analyze the constitutional issues at play and examine the political dynamics surrounding this case.

Here are three key takeaways you don't want to miss:

1️⃣ Section 3 of the 14th Amendment: The Colorado State Supreme Court relied on this little-known section to justify its ruling. This section, which was implemented after the Civil War, aims to prevent individuals who engaged in an insurrection or provided aid or comfort to insurrectionists from serving in federal office.

2️⃣ An Uncertain Future: The case presents a complex legal and political dilemma, raising questions about the role of the Supreme Court in determining the eligibility of presidential candidates.

3️⃣ The Supreme Court Conundrum: The episode delves into the possible paths the Supreme Court could take, the political pressure at play, and the potential ramifications of the Court's decision.

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On Threads: @LevinsonJessica

The latest episode of Passing Judgment dives into critical legal discussions surrounding charges against a former president, touching on both state and federal levels. Host Jessica Levinson, with guest Kyle Cheney from Politico, delve into the recent developments within the Georgia election interference case. Join us as we pass judgment on the rule of law, dissect the possible chaos this could sow in Congress, and interpret the maze of legal arguments presented in these monumental cases.

Here are three key takeaways you don't want to miss:

1️⃣ DC Interference Case and Supreme Court Decisions: There is significant attention on the potential chaos that could arise from the Supreme Court's unanimous decision that states do not have the authority to determine eligibility under Section 3 of the 14th Amendment. The concern revolves around the question of whether any Congress should count the electoral votes of a candidate considered ineligible for the presidency, potentially leading to chaotic scenarios in Congress, particularly by January 2025.

2️⃣ The Georgia Case and Racketeering Charges: The Georgia case involving the former president's alleged election interference continues to face challenges. Although Judge Scott McAfee dismissed six charges related to soliciting Georgia officials to violate their oath of office, the core racketeering charges remain intact. The discussion indicated that the prosecutor's office is currently mired in its own controversies, making it uncertain if they will appeal the ruling or refile the charges.

3️⃣  Federal Case Developments in Georgia and Florida: The federal case in Florida about the unlawful retention of documents at Mar-a-Lago is being discussed in court with motions to dismiss based on the Espionage Act and the Presidential Records Act. Trump’s legal team argues for the motion to dismiss, claiming the statutes have not been used in this manner against a former president and raises the issue of whether Trump had fair notice of potential charges. However, the judge has not indicated any decision on the case schedule.

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On Threads: @LevinsonJessica

In this episode of Passing Judgment, host Jessica Levinson and Reuters legal correspondent Jack Queen delve into two of the most politically charged trials of our era: those involving Hunter Biden and former President Donald Trump. They dissect the collapse of Hunter Biden's plea deal over the scope of immunity and dive into the trial's contentious debate on firearm purchase forms and drug use. Switching focus, they examine Trump's historic conviction related to hush money payments to Stormy Daniels.

Here are three key takeaways you don't want to miss:

1️⃣ Hunter Biden Trial and Plea Deal Miscommunications: The plea deal for Hunter Biden unraveled when the judge questioned the broad scope of immunity it offered.

2️⃣ Donald Trump and the Hush Money Case: The defense requested a mistrial due to the nature of Daniels' testimony, which was denied. Michael Cohen’s cross-examination and David Pecker's damaging testimony were key moments.

3️⃣ Vagueness and Second Amendment Arguments in Biden Trial: Questions about the vagueness of the law and an appeal based on Second Amendment rights. The defense argued that the timing of Biden's drug use at the time of the gun purchase was not adequately proven.

Follow Our Host and Guest:

 @LevinsonJessica

@Jackqueen_

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.

Follow Our Host and Guest:

@G_Slattery

 @LevinsonJessica

In this week's episode of Passing Judgment, host Jessica Levinson delves into the aftermath of the recent Supreme Court decision in the Dobbs case, and the upcoming landmark abortion rights case in April. Join us as we discuss the current state of abortion rights, the legal landscape, and the upcoming significant Supreme Court cases that are poised to shape the future of reproductive healthcare in the United States.

Here are three key takeaways you don't want to miss:

1️⃣ The fallout from the Dobbs decision: The Supreme Court's decision to overturn Roe v Wade and the upcoming case dealing with abortion rights demonstrates a fundamental question about pregnant women's entitlement to full protection under the law.

2️⃣ Legal battle over pregnant women's access to abortions: The Supreme Court will address the conflict between a federal law entitling all people to emergency medical care and state laws in Idaho and Texas that severely restrict abortions, leaving pregnant women with limited options for care.

3️⃣ Impact of judicial appointments on abortion laws: The new makeup of the federal judiciary, particularly lower court judges appointed by President Trump, has had significant effects on abortion rights, leading to near outright bans on abortions in some states.

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On Threads: @LevinsonJessica

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

In this episode of Passing Judgment, we explore the legal question of whether former President Trump is immune from criminal prosecution for actions taken while in office. With two federal cases pending against Trump, one involving election interference, the stakes are high! Tune in as we navigate the legal landscape surrounding this case and explore the implications of presidential immunity on criminal prosecution.

Here are three key takeaways you don't want to miss:

1️⃣ Presidential immunity shields the president from civil suits for official actions. This doctrine aims to allow presidents to function without fear of frivolous suits and to protect sensitive discussions involving national security.

2️⃣ The Supreme Court has not definitively ruled on whether a president can be criminally prosecuted for acts taken while in office, but guidance from past cases gives us insight into this complex legal issue.

3️⃣ The recent ruling by district court judge Chutkan states that there is no presidential immunity in Trump's case, as his alleged attempts to interfere with the election were considered nonofficial acts. The case now awaits a decision from the DC Circuit Court.

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On Threads: @LevinsonJessica

It's a legal and political roundup! Jessica is joined by Joe.

Topics include -- abortion pills, and whether women in states that outlaw abortion will be able to obtain them; a terrible decision regarding the legality of federal mask mandates; Rep. Marjorie Taylor Greene and whether a Civil War era provision of the 14th Amendment will prevent her from being on the ballot; and Rep. Kevin McCarthy's hypocrisy caught on tape.

Just a few moments ago the Department of Justice submitted a 36-page filing responding to President Trump's claim that a special master should be appointed to review documents the FBI obtained and took from his residence at Mar-a-Lago.

What did the DOJ say and what did we learn?

It is our first legal roundup of 2022, and intrepid producer and co-host Joe Armstrong returns.

First, former Alaska Governor Sarah Palin took the stand in her defamation suit against the New York Times this week. How did she do? [ANSWER: Not great.]

We also recently learned that although Donald Trump may or may not have been flushing official documents down a White House toilet, he most definitely improperly took some top secret documents with him when he left for Mar-a-Lago in Florida.

Lastly, the Supreme Court this week ruled in Alabama's favor when it came to a recent challenge to congressional redistricting despite a violation of the Voting Rights Act, and Jessica shares some theories about how this "shadow docket" decision may be related to SCOTUS' recent YOLO energy.

Happy Labor Day everyone.

On this special Labor Day episode, host and Loyola Law School Professor Jessica Levinson and producer Joe Armstrong talk about a issue near and dear to many workers -- whether they are independent contractors or employees. Jessica and Joe unpack the current legal wrangling surrounding rules for gig economy workers. Starting January 1, 2020, California changed the law to categorize many gig economy workers as employees, not independent contractors.

But the law, known as AB 5, cast a wide net and covered some freelancers who lost jobs as a result. Joe shares his story of work that he lost. In addition, one of those famous freelancers is former San Francisco Mayor and Speaker of the Assembly, Willie Brown. As Politico's Carla Marinucci wrote, just this week his regular Sunday op-ed column for the San Francisco Chronicle was temporarily put on hold as a result of the law. https://www.politico.com/states/california/story/2020/09/04/former-sf-mayor-willie-brown-ensnared-by-ab5-gets-assist-from-newsom-1315782

A few days ago, Governor Gavin Newsom signed a bill that narrows AB 5, and exempts many freelance workers, like Willie Brown.

But wait, there's more. There is a measure on the ballot, sponsored by companies like Uber and Lyft, to undo the California law which treats most gig workers as employees.

Where does the law stand and what could happen next?

Jesse Wegman, New York Times editorial board member and author of Let the People Pick the President: The Case for Abolishing the Electoral College joins host Jessica Levinson.

Jesse discusses the fascinating history behind the Electoral College, how it has affected presidential elections, and proposals to reform it.

After less than 12 hours of deliberation, the jury concluded that Derek Chauvin is guilty of second and third degree murder and second degree manslaughter.

USA Today criminal justice reporter Tami Abdollah has been covering the trial from the beginning. She stops by Passing Judgment to walk us through the trial; we talk jury selection, opening arguments, witnesses, and much more.

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Financier and convicted sex offender Jeffrey Epstein died by suicide while incarcerated in August of 2019, but that's not the end of the story. Epstein's confidant and alleged former girlfriend, Ghislaine Maxwell, is now facing federal charges for sex trafficking. Maxwell is a British citizen and former socialite who stands accused of assisting Epstein in multiple instances of exploiting and abusing underage girls over nearly a decade. On this episode of Passing Judgment, Jessica gives a summary of the beginning of the trial, for which opening arguments are expected today to take place.

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Will Trump declare victory on election night?

Will Trump concede? What if he loses and refuses to leave?

Where does the pre-election litigation stand?

Where were you on Election Day 2016?

David Rothkopf is out with a new book - Traitor: A History of Betrayal from Benedict Arnold to Donald Trump.

David is the host of "Deep State Radio" and CEO of the Rothkopf Group media and podcasting company. He is also the former CEO and editor of Foreign Policy magazine.

David joins host Jessica Levinson to discuss what makes President Donald Trump a traitor and how he compares to other historical figures.

The Supreme Court handed down three big decisions today.

The Court answered the following questions:

Can schools punish students for certain off campus speech?

Can union organizers enter employers' property?

Can the police enter a suspects house without a warrant if they suspect a violation of a noise ordinance?

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Time to analyze President Joe Biden's SOTU address with CBS political contributor Joel Payne.

How did Biden do? Did he pivot and signal a change in his governing style? Are any concrete policies likely to result from the laundry list of wishes included in the speech? Will the speech help Democrats in the midterms?

Join host and Loyola Law School professor Jessica Levinson and guest Elex Michaelson, anchor and host of the only statewide political show in California -- The Issue Is.

Jessica and Elex talk about how social media has changed news consumption and coverage, whether reporters have an obligation to be real-time fact checkers, why we are so polarized, how to deal with campaigns of disinformation and misinformation, why we should all be taking media literacy classes, and the importance of cookies in a greenroom.

We've got all your legal and political updates.

Jessica and Joe talk about President Biden's executive order on gun control, the murder trial of former Officer Derek Chauvin for the death of George Floyd, the continuing investigation of Congressman Matt Gaetz, and the "revenge porn" case filed by former Congresswoman Katie Hill.

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Do Senate rules and procedures sound boring and arcane? Brookings Institution fellow Dr. Molly Reynolds stops by Passing Judgment to demystify practices like the filibuster and explain how they affect our daily lives. Surprise - it's a lot more complicated than depicted in the Frank Capra and Jimmy Stewart classic, Mr. Smith Goes to Washington! 

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The trial of Kyle Rittenhouse has garnered national attention for a myriad of reasons, and it brings up important questions related to self-defense, vigilantism, and race. In today's episode, Jessica and Joe give a summary of facts of the case, discuss how the prosecution and the defense presented their arguments to the jury, and examine the judge's headline-generating role in this trial.

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Let's recall the failed recall election of California Governor Gavin Newsom.

Why and how did he resoundingly defeat an effort to end his term before it, well, ends?

What does this recall mean for California? Gavin Newsom? The future of recall elections?

We address all of this on the latest episode of Passing Judgment.

And here is Jessica's piece on MSNBC about the recall.

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Host Jessica Levinson and co-host Joe Armstrong preview the legal and political issues 2020-2021 Supreme Court term. There are big cases related to healthcare, religious rights, and voting rights on the court's docket.

Tune in and let us know what you think!

Democrats outperformed expectations in the midterm elections. Jessica gives three reasons why historical trends didn't hold in this election, previews what will come next, and shares the best-known secret in American politics - Supreme Court decisions matter!