XXceedingly Persuasive

MacKenzie and Brooke talk to Vanity Fair writer Caleb Ecarma about the prosecution of journalist Maria Ressa and Rodrigo Duterte's growing war on the press and freedom of speech in the Philippines. They also discuss the first few days of the Supreme Court confirmation hearing of Judge Amy Coney Barrett.

We pay tribute to Justice Ruth Bader Ginsburg- the lawyer and jurist, the woman and human being. Justice Ginsburg decision in a case about gender equality at the Virginia Military Institute, or VMI, and its “exceedingly persuasive” standard is particularly dear to our hearts. We also acknowledge, reluctantly, what her vacancy from the bench means for the Supreme Court, along with all existing precedent and future judicial interpretation...

Those who don’t remember the past are doomed to repeat it, baby, yet here we are. The response to the last major epidemic, HIV/AIDS, was a cautionary tale in public health policy. Timely response, regard for medical science, and rhetoric from the President were far from ideal, and thousands of lives were lost as a result. As the COVID crisis rages on, we talk to John Ascher, who cared for his partner, Mackenzie’s uncle Stewart Joy, until Stewart’s death from AIDS in 1988.

Next week’s episode will be a heavily reluctant farewell to Justice Ginsburg.

In the second part of our talk about SESTA/FOSTA and criminal justice reform regarding sex work, we chat with sex worker, sex educator, and relationship-and-intimacy coach Xandra (@XandraDzw). We discuss what the new law did (and how it might violate the Constitution), where it failed at its professed goal of protecting victims and sex workers alike, and how it has instead pushed providers into more dangerous positions. We also consider what regulations or systemic changes might be the most beneficial to the community.

With Joe Biden's recent announcement of CA Senator Kamala Harris-- a woman of mixed black-and-Indian descent, and a former prosecutor-- as his running mate, we discuss some of the criticisms leveled at the new, potential VP: the good, the bad, and the ugly. Then, we segue from Harris' record on sex work into the start of our two-part "series" the SESTA-FOSTA legislation's effects on sex workers.

(Thanks for bearing with our choppy audio quality while we keep navigating this record-from-home business!)

Brooke and MacKenzie are joined by the Page 7: Pop History crew, Jackie Zebrowski, Holden McNeely and Natalie Jean, to discuss the #FreeBritney movement and the fraught legal and cultural battle over the conservatorship of Britney Spears, including the standard for conservatorship, along with some of the protections and procedure under the law, whether it applies to Britney’s case given what we know (plus possible alternatives), and if it does apply, what powers should be given, and who should serve as conservator.

Portland. The Trump Administration has sent federal troops to intervene in civilian protests on the streets of Portland, Oregon-- at least, that's what we've pieced together with the limited information released by the Trump Admin. or the officers themselves. This week, we discuss where state and federal jurisdiction begin and end, how much protection the First Amendment provides protestors, and what law enforcement needs to (legally) detain protestors.

MacKenzie and Brooke bid adieu to the 2020 SCOTUS term by breaking down some of the Court's notable decisions, including protection for LGBTQ workers under Title VII. They also discuss the difference between textualism and originalism, and MacKenzie makes Brooke promise to watch Hamilton.

Brooke and MacKenzie lay out the history of qualified immunity and how it protect officers accused of misconduct and break down the messy resignation of US Attorney Geoffrey Berman, who was ousted by Attorney General William Barr. They also discuss the deaths of Dominique "Rem'mie" Fells, Riah Milton, Elijah McClain and the ramifications of being too quick to call the police.

MacKenzie and Brooke discuss the deaths of Ahmaud Arbery, Breonna Taylor, George Floyd, Tony McDade, David McAtee, James Scurlock and Dion Johnson and the lack of accountability in cases of police brutality against the Black community. The conversation also addresses the recent curfews and the First Amendment rights to free speech and assembly, the "knock-and-announce" requirement when law enforcement enters a residence, and the charge of "felony murder" brought against some perpetrators.

Nonprofits and bail funds:

https://linktr.ee/donationresourceshere

National Bail Out:

https://secure.actblue.com/donate/freeblackmamas2020

LGBTQFund:

https://www.lgbtqfund.org/

The Okra Project:

https://www.theokraproject.com/

Black Trans Travel Fund:

https://www.blacktranstravelfund.com/

The Loveland Foundation:

https://thelovelandfoundation.org/

Therapy for Black Men:

https://therapyforblackmen.org/

National Lawyers Guild (for protesters):

https://www.nlg.org/

Anti-racist resources doc:

https://docs.google.com/document/d/1BRlF2_zhNe86SGgHa6-VlBO-QgirITwCTugSfKie5Fs/preview?pru=AAABcqnfhsM*BwkzhwIRvCJi0nctIm8scw

Anti-racist reading list by Layla Saad:

https://www.theguardian.com/books/booksblog/2020/jun/03/do-the-work-an-anti-racist-reading-list-layla-f-saad