Our guest today is Imani Perry. Her latest book is “South to America: A Journey Below the Mason Dixon to Understand the Soul of a Nation.” In it she writes that understanding this country starts with the South. Imani challenges the idea of the South as a backward place, a repository for the U.S.’s shame over slavery, white supremacy, and poverty. To cast away the South, she writes, only props up a heroic self-mythology of the U.S. that fogs up the mirror of history.

Imani is based at the department for African American studies at Princeton University as an interdisciplinary scholar of law, literary and cultural studies. In addition to South to America, her books include “Breathe: A Letter to My Sons,” “Looking for Lorraine: The Radiant and Radical Life of Lorraine Hansberry” and other titles. She was born in Birmingham, Alabama and while she’s lived much of her life elsewhere, she still considers Birmingham home.

Just weeks ago, Justice Steven Breyer announced his retirement from the Supreme Court, opening the door for President Biden to nominate a new judge to the bench. Keeping his campaign promise, Biden confirmed that he will be nominating a Black woman to replace Breyer, a historic move for a field that has not always welcomed Black women with open arms.

Joining us to discuss the impact of this future nomination is Ria Tabacco Mar, Director of the ACLU’s Women’s Rights Project and one of At Liberty’s most frequent guests. Ria leads the project that was founded and led by Justice Ruth Bader Ginsburg.

It should be noted before we begin this conversation that as a matter of policy, the ACLU does not endorse or oppose particular candidates for the Supreme Court, except in extraordinary circumstances.

It’s election season again and, in America, sadly, that means it is voter suppression season. Starting in 2020, 49 states proposed over 440 bills to make it harder for Americans to vote, and many of them have passed. In 2021, state lawmakers started using the newly released census data to draw state maps that lock up their political power – often at the expense of communities of color. And now in 2022, these tactics are almost certain to impact the midterm elections for Congress, as well as local and state elections nationwide. Federal legislation that would have addressed these tactics and reversed some of the Supreme Court’s gut punches to the Voting Rights Act has stalled. And Republican lawmakers in at least eight states are trying to strip away power from secretaries of state, governors, and nonpartisan election boards over how elections are run and counted–effectively giving political operatives the power to cancel your vote.

My guest today, lawyer Janai Nelson, has spent her career battling these issues. At the NAACP Legal Defense and Educational Fund, where she currently serves as Associate Director-Counsel and will soon take over as president and Director-Counsel, she has overseen court challenges to racial and partisan gerrymandering, to overturn harsh voter ID laws, and to re-enfranchise folks who have lost their right to vote because of felony convictions.

As a professor of law at St. John’s University School of Law, she has also taught classes on election law and political participation and has written extensively on the dismantling of the Votings Rights Act at the expense of communities of color.

We’re catching Janai at a heady time, just as she is ascending to the helm of one of the nation’s foremost civil rights organizations, and just as those rights face threats we haven’t seen in decades, if not centuries. She joins us today to talk about all this and more.

February marks Black History Month, a time to recognize the significant achievements and culture of Black Americans–from bell hooks to Beyonce–and also to honor an accurate history about them, a history that we know is rife with discrimination and abuse -- think: slavery, Jim Crow, and the structural racism we’re still infected with today. Sadly, more and more, this history is being challenged and even erased in our culture and, right now, in our schools, through tactics like curriculum restrictions and book bans. Truths we once considered hard but self-evident are now being erased before our eyes.

Over 30 state legislatures across the country have introduced bills to limit the discussion of racial history in a wave prompted by the emergence of critical race theory as a subject of political fear-mongering. But that’s just the beginning:, over 300 books by predominantly Black authors discussing race, gender, and sexuality, were also banned in the last year alone. Yes, you heard me right. We’re banning books again.

When your history is banned, how do you learn about your ancestors? How do we learn from what’s happened in the past and how it affects our present? When your culture is banned, how do you see yourself? How do you belong? How do you celebrate the stories, music, food, and family that made you?

At the ACLU, we believe that the first amendment is so fundamental because it should stop this kind of erasure in its tracks. That’s why we’re meeting this surge of censorship with new litigation and fierce advocacy.

Joining us today to share more is Emerson Sykes, a senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project and longtime listeners will remember Emerson as one of At Liberty’s former hosts.

This week we’re going to talk about families, and a uniquely American hypocrisy surrounding them. On the one hand, politicians are always talking about supporting strong, nuclear families, and in some ways, we do. We give tax breaks to people who get married and have children. Kids eat free at Denny’s on Tuesdays. Yet, also in America, government officials at the federal, state, and local levels are tearing families apart by the thousands under the cover of our laws.

For example, in the Trump administration, the Department of Homeland Security forcibly separated more than 5,000 migrant parents from their children – some as young as 4 months old – under Trump’s “zero tolerance” border policy. To this day, a thousand children and maybe more are yet to be reunited with their families. They remain stranded and alone.

Candidate Joe Biden had called the policy “criminal. But in December the Justice Department walked away from settlement talks with lawyers representing those families.

And immigration enforcement isn’t the only way we destroy families. The criminal justice system and the child welfare system do it too, in astonishing numbers, and usually to the most vulnerable among us.

To discuss this double-standard–propping up some families while destroying others–the and the continued trauma and ongoing battle of separated families is Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, who has steered the border separation litigation from the beginning. Joining him is Shanta Trivedi, assistant professor at the University of Baltimore Law School and faculty director of the Meyerhoff Center for Families, Children, and the Courts – a foremost expert on the law around family trauma.

Content warning: This conversation mentions sexual abuse.

January 22nd, marks the 49th anniversary of Roe v. Wade, the landmark Supreme Court case granting the right to an abortion "without excessive government restriction.” Year after year, Roe has weathered legal attacks, but this year, due to the conservative majority on the bench, the threat to Roe v. Wade is at an all-time high. A case heard by the Supreme Court on December 1st addressing a Mississippi abortion law posed a direct challenge to the precedent set by Roe. The decision will come out in June, but scholars who listened to the arguments are deeply concerned that this could be Roe’s last anniversary.

Back in 1973, Roe was an important step towards granting reproductive autonomy to people who could get pregnant. However, Roe itself, was never enough to address the long history of government surveillance over the bodies of the most marginalized. In her book, Policing the Womb: Invisible Women and the Criminalization of Motherhood, law scholar, Michele Goodwin, examines “the reproductive health and rights debate and explores how legislators increasingly turn to criminalizing women”, predominantly black women, for both proceeding with a pregnancy or for ending one.

Today, Michele Goodwin, professor of law at the University of California, Irvine, the founding director of the U.C.I. Law Center for Biotechnology and Global Health Policy and its Reproductive Justice Initiative, and one of the ACLU’s very own Executive Committee Members joins us to discuss the lived experience of reproductive control and Roe v. Wade’s impact.

Joel Castón was incarcerated when he was 18 years old. He’s now 45 and in November of last year, just two months ago, Joel was released after serving over 26 years. While incarcerated, he received a degree through the Georgetown Prison Scholars Program and started a mentorship initiative called Young Men Emerging. And, because D.C. changed the law to allow incarcerated people to vote, he ran for office, and he won: he is now an Advisory Neighborhood Commissioner in Washington D.C. representing the 7th Ward including the jail that he just walked out of. He’s the first incarcerated person in D.C. history to win elected office. Joel joins us today to talk about his experience, what he’s focusing on as a newly elected commissioner in D.C., and how he’s changing the public narrative about incarcerated people.

Today, we’re checking in with LaTosha Brown, Co-founder of the Black Voters Matter Fund and the Black Voters Capacity Building Institute. We first spoke to LaTosha a year ago after her work in expanding voting access in Georgia proved so successful. But that was then, and this is now. Challenges abound this year, likely as a direct reaction to her work. New restrictions making it harder to vote, so-called election reforms, and redistricting will have a direct impact on the 2022 midterms. It’s why we are so focused at the ACLU on expanding and protecting access to the ballot and stopping restrictions in their tracks. LaTosha Brown joins us to discuss.

For our 2021 holiday special, we are taking you through the holiday food traditions of ACLU staffers and their families. Food is often the glue holding families and cultural identity together. We wanted to celebrate that and share it with you. Listener note: you may find yourself unusually hungry during this episode. We recommend you have something tasty on hand.

We are joined by ACLU staffers Blanca Gamez, our Deputy Organizing Director, Zara Haq, a Senior Campaign Strategist, and Rotimi Adeoye, one of our Communications Strategists.

On the podcast, we’ve chronicled some of the year’s biggest stories: the insurrection, the rescinding of the Muslim ban, devastating police brutality, state after state attacks on the rights of trans kids, the abusive system of conservatorships, and the rollback of abortion access, just to name a few.

Today we’re going to follow up with guests on some of this year’s most popular episodes to see what progress there’s been since we last spoke, and where there is still work to be done. Zoe Brennan-Krohn of the ACLU's Disability Rights Program, Haya Bitar of the podcast team, and Somil Trivedi of the ACLU's Criminal Law Reform Project join us.