Courts and Judicial Branch

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Courts and Judicial Branch

The Judicial Branch is the interpreter of our nation’s laws — the guardian of justice that ensures no one, not even the government itself, is above the Constitution. From local courthouses to the Supreme Court, judges have the power to uphold rights, strike down unconstitutional laws, and shape the moral and legal boundaries of American life. Their rulings determine not only what justice looks like today, but what kind of democracy we’ll have tomorrow.

In this collection of podcasts, you’ll hear from legal scholars, historians, and advocates who explore how the courts wield that power — and where it sometimes goes wrong. You’ll dive into conversations about the Supreme Court’s growing influence, the balance between judicial independence and accountability, and how decisions like Dobbs v. Jackson have reshaped fundamental freedoms. Other episodes uncover the hidden flaws in America’s criminal justice system — from “junk science” that leads to wrongful convictions, to corruption and reform efforts within the courts themselves.

Together, these stories reveal a judicial system under intense scrutiny — one that remains a cornerstone of democracy, even as it wrestles with questions of fairness, integrity, and power.

FEATURED TOPIC EPISODES

The Supreme Court's politics and power | Democracy Works

The Supreme Court has always been political, despite what recent history may lead us to believe. However, things may feel different now because the Court is more powerful now. Historian Rachel Shelden takes on a trip back to the Civil War era and we discuss the lessons from that era the might apply today.

A lot of people are thinking about the Civil War era these days, whether it's asking questions about whether we're in a second civil war now or thinking about what happened during the election of 1876. In addition to our discussion of the Supreme Court, we talk about both of these things with Shelden, associate professor of history at Penn State and director of the George and Ann Richards Civil War Era Center.

If it sounds like we covered a lot in this episode, it's because we did. Like any good historian, Shelden does not use her knowledge of history predict the future, but she does offer some very useful insights for how the past can help all of us frame and interpret what's happening now.

Listen to the full episode on Democracy Works: The Supreme Court's politics and power

Fighting Corruption in the Courts with Alex Aronson of Court Accountability | The Great Battlefield

Alex Aronson joins The Great Battlefield podcast to talk about his career in politics and the law and about co-founding Court Accountability, where they are dedicated to combating corrupt abuse of judicial power.

Listen to the full episode on The Great Battlefield: Fighting Corruption in the Courts with Alex Aronson of Court Accountability

Melissa Murray: For the Supreme Court, Dobbs Was Just the Beginning | The Context

For 49 years, from 1973 until 2022, the Supreme Court declared that the US Constitution protected abortion rights. With this precedent overturned, decision making about reproductive rights now resides with state governments. But the court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization relied on a partial and inaccurate understanding of American history, and its claims to be a pro-democracy decision were disingenuous. Dobbs is just one example of the court smashing precedents in the last few years.

Melissa Murray is the Frederick I. and Grace Stokes Professor of Law at New York University, where she specializes in family law, constitutional law, and reproductive rights and justice. She has written for a wide range of academic journals and popular publications and regularly provides legal commentary for several major media outlets. Her credits include the Harvard Law Review, the Yale Law Journal, the New York Times, Washington Post, and many others. She’s a legal analyst at MSNBC and is also one of the cohosts of the podcast Strict Scrutiny, which focuses on the Supreme Court.

Listen to the full episode on The Context: Melissa Murray: For the Supreme Court, Dobbs Was Just the Beginning

Courts for Democracy: Skye Perryman | Future Hindsight

Skye Perryman is the President and CEO of Democracy Forward, an organization that uses the law to build collective power and advance a bold, vibrant democracy. We discuss successful legal action to protect and advance the rights of all Americans.  

A culmination of factors have come together to create a moment in which there are serious existential questions about what type of government and what kind of society Americans will be living in. Backsliding in areas such as voting rights, reproductive rights, and freedom to read are leading to legal fights across the nation. Skye reminds us that “The role of courts in a democracy is to fortify and strengthen democratic institutions through interpreting our constitution, through interpreting the laws, through providing predictability, as well as to ensure that everyone has access to the rule of law.

Listen to the full episode on Future Hindsight: Courts for Democracy: Skye Perryman

Relax. The Judiciary Branch Is Actually Working Well. | Talkin‘ Politics & Religion Without Killin‘ Each Other

Some folks are worried about the conflicts of certain SCOTUS Justices (and their wives). Some are buying into conspiracy theories that have been distilled into talking points about a "weaponized Department of Justice." So we're taking a step back to say, "Relax. The judiciary branch is actually working well."

In this episode, we start out with a brief assessment of conversations around Israel, the protests and review this complex set of issues. But then we get into concerns related to the U.S. judiciary's actions, including cases from January 6th and high-profile trials involving Donald Trump. Despite some flaws, the judiciary is functioning well. So we highlight instances where the justice system upheld democratic principles. We also cover misconceptions about media consumption among different political factions and how that skews our understanding of important events.

01:48 Personal Reflections and Challenges in Civil Discourse;

03:36 Navigating Political Nuances and Campus Protests;

04:27 Examining the Anti-Left Sentiment and Media Ecosystem;

06:47 Debunking DOJ Weaponization Claims and Judicial Integrity;

10:24 Insight into January 6th Cases and the Judicial Process;

25:02 Analyzing the Judiciary's Role in Upholding Democracy;

36:03 Concluding Thoughts on Political and Religious Dialogue

Listen to the full episode on Talkin‘ Politics & Religion Without Killin‘ Each Other: Relax. The Judiciary Branch Is Actually Working Well.

Do we have too much judicial review? | Politics in Question

As we barrel toward America’s 250th, one could argue that if we crack up before we get there (some bad days we’d take even odds), it’ll have something to do with the complexity of being in charge of executing one of the founders’ biggest ideas — that the church and the state were to be separate in this new nation of theirs. (It had been so much “easier” when the king told all us peasants what religion we were.)

Our framers, for the first time in history, asserted that a citizenry had “natural rights” as human beings, given to them only by God, to follow (and be responsible for) our individual consciences — including the right to not believe at all. These rights could then not be taken by the government. Those dudes in tights, both Christian and Deist, had birthed a country where all sorts of religious belief would thrive.

Turns out high principles about freedom for everyone all at the same time wouldn’t be a piece of cake and after 250-ish years of disagreement, we’re still haggling over those darn specifics — partly because we’re masters of not seeing the log in our own eyes. God Squad goes right to the real conversation on this age-old prickly topic.

Listen to the full episode on Politics in Question: Do we have too much judicial review?

Judge Monique Diaz Champions Justice for Families and Survivors | An Honorable Profession

In the early 1900s, birth records of children given up for adoption were sealed and confidential, an effort to shield mothers and children from the societal shame of being born out of wedlock. Fast forward to the advent of the Internet, and adopted adults used the power of the web to form online networks connecting the community, and as helpful as these support groups were, adoptees still lacked the legal protections to access their birth records.

Groups like Bastard Nation helped its members navigate access to birth records, as well as fight the stigma of adoption altogether.  It was out of this radical group that the very intimate issue of adoption made its way to the ballot box, begging the question, what are the limits of making the personal, political? This episode explains how this initiative addressed the social stigma around adoption and addresses the longstanding debates around the power of ballot initiatives.

Listen to the full episode on An Honorable Profession: Judge Monique Diaz Champions Justice for Families and Survivors

Ron Fein, Legal Director of Free Speech for People on Trump's disqualification from the presidency by the 14th Amendment | Freedom Over Fascism

Ron Fein, legal director of Free Speech for People (freespeechforpeople.org) talks about the constitutional case for Trump’s ineligibility for office. His clear and concise explanation of Section 3 of the 14th Amendment is must-listen if you want to understand the amendment, the original meaning, and how his organization and many others believe it applies to Donald Trump. Ron Fein is the Legal Director for Free Speech For People. He litigates campaign finance, election protection, government accountability, and other constitutional democracy cases in courts across the United States

Listen to the full episode on Freedom Over Fascism: Ron Fein, Legal Director of Free Speech for People on Trump's disqualification from the presidency by the 14th Amendment

Justice and Law Enforcement | Village Squarecast

As our beloved Tallahassee/Leon County community joins others around the nation in the important unfinished work to make the promise of equality a reality, constructive conversation helps to illuminate the path to progress and meaningful change. In that spirit, a group of community leaders share diverse perspectives about critical and relevant issues in a special series of Town Hall presentations — presented by The Village Square in partnership with Bethel Missionary Baptist Church, the U.S. Attorney’s Office for the Northern District of Florida, and Sachs Media Group.

As Americans unite in a shared mission about the civil rights issues of our time in the aftermath of the tragic killing of George Floyd in Minneapolis, former Tallahassee Democrat publisher Skip Foster moderates a dialogue and takes questions from the public for the first program “Equality in Life: Justice and Law Enforcement.” Subsequent topics include “Equality in Life: Business and Growth,” facilitated by Heidi Otway, President of SalterMitchell PR; and “Equality in Life: The Role of Government,” facilitated by Lila Jaber, President of the Jaber Group.

Listen to the full episode on Village Squarecast: Justice and Law Enforcement

Junk Science in the American Criminal Justice System | How Do We Fix It?

No one will ever know how many innocent people have been sent to prison because of junk science and flawed forensics. In this episode, we hear from  attorney M. Chris Fabricant about how America’s broken and racist criminal justice system often relies on bogus scientific evidence for convictions.

Chris is the author of the new book, “.” Best-selling writer John Grisham calls it an “intriguing and beautifully crafted book that …illustrates how wrongful convictions occur.”

We explore the urgent need to fix the system and improve the quality of evidence presented in courtrooms. Independent crime labs are among the solutions that we discuss.

“Jurors go into court with the expectation that there will be scientific evidence available, and that this evidence will be conclusive. This is just not the reality at all,” Chris tells us.

We learn that forensic “experts” call themselves scientists but the current system lacks safeguards that keep science objective. Worse, this very questionable discipline has been corrupting the American justice system since at least the 1970s.

Chris Fabricant is the director of strategic litigation for the — a remarkable legal organization that works to free prisoners jailed for crimes they did not commit.

Over three decades,  has freed more than 300 unjustly convicted prisoners. And more than 40% of those cases involved the misuse of forensic evidence.

Listen to the full episode on How Do We Fix It?: Junk Science in the American Criminal Justice System

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