It’s election week in the U.S., and while many eyes are on the polls, we’re revisiting a conversation that reminds us why voting matters in the first place. In this rebroadcast, Yale Law professor Owen Fiss reflects on his work enforcing the Civil Rights and Voting Rights Acts, the courts’ role in protecting democracy, and why casting a ballot remains both a privilege and a duty.

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After 50 years as a professor at Yale Law School, Owen Fiss says his students are still idealistic and passionate about the rights won in the Civil Rights Act of 1964 and Voting Rights Act of 1965. As a young lawyer in the late 1960s, Fiss worked with the Department of Justice to implement those laws. A classroom discussion in the spring of 2020 prompted him to draw upon his legal expertise and decades of experience to produce his new book, Why We Vote. 

In this episode of The Modern Law Library podcast, Fiss speaks with the ABA Journal’s Lee Rawles about the paradox of the court system–the least democratic branch of government–having the responsibility of safeguarding the right to vote. He looks back on his work with the DOJ in southern states, and his time as a clerk for Justice Thurgood Marshall (then on the 2nd U.S. Circuit Court of Appeals in New York) and Justice William Brennan. 

Rawles and Fiss also discuss recent threats to the electoral system and right to vote, including the insurrection on Jan. 6, 2021. Fiss shares his thoughts about Section 3 of the 14th Amendment, and whether former President Donald Trump should be removed from the ballot on that basis. 

While every book he writes is for his students, Fiss says, he hopes Why We Vote can impress upon a broader audience the privilege and duty of voting and participating in a democracy.