Passing Judgment

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

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 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 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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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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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, 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, 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, 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.

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@G_Slattery

 @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