ACS Podcast

On September 17, ACS held a discussion of what’s at stake and what the candidates should be asked as they seek our nation’s highest office. As the presidential election heats up, the future of reproductive justice, voting rights, and criminal justice, among other constitutional commitments, are all at stake. Regardless of who is elected, the president will be asked not only to articulate their vision of the Constitution and who is included in “We the People,” but will also have an opportunity to make that vision and these commitments real through the appointment of judges. Featured Speakers: Leah Litman, Assistant Professor of Law, University of Michigan Law School Vincent Southerland, Executive Director, NYU School of Law’s Center on Race, Inequality, and the Law Daniel Tokaji, Associate Dean for Faculty and The Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Moritz College of Law Debra Perlin, Director of Policy and Program, ACS, Moderator

In a recent filing with the D.C. federal court overseeing the grand jury convened by Special Counsel Robert Mueller, the House Judiciary Committee has asked for the release of the full Mueller Report and underlying materials. The Committee asserts that because Justice Department policy holds that a sitting president may not be indicted, it is up to Congress to hold President Trump accountable for the actions described in the Report, and thus it must have access to this information to determine whether to move forward with articles of impeachment. Briefs are due in September, with a decision possible as early as October. With talk of impeachment ramping up, ACS held a discussion with experts on the relevant legal standards and how they apply to the findings of the Mueller Report and other alleged misdoings of the Trump administration. Featured Speakers: Caroline Fredrickson, ACS President, Moderator Neil Kinkopf, Professor of Law, Georgia State University, Counselor to Sen. Joseph Biden for the Impeachment Trial of President Clinton Ciara Torres-Spelliscy, Leroy Highbaugh Sr. Research Chair and Professor of Law, Stetson University

Special Counsel Mueller testified Wednesday before two House committees, repeatedly reiterating his report’s conclusion that the president is not exonerated from wrongdoing. Commentators are now asking whether his testimony will build momentum for further investigation into the report’s conclusions of presidential misconduct and Russian interference in the U.S. elections. Featuring: Caroline Fredrickson, ACS President Josh Geltzer, Executive Director, Georgetown Institute of Constitutional Advocacy and Protection Debra Perlin, ACS Director of Policy and Program, moderator Jed Shugerman, Professor of Law, Fordham University School of Law

ACS President Caroline Fredrickson, Lisa Graves, and Jamal Greene discuss the new exposé by The Washington Post, which documents a well-financed network of wealthy donors who install judges sympathetic to a far-right agenda. The Post’s reporting builds on research supported by ACS; contributing researchers and experts will discuss the implications of the far-right’s strategy on the courts and for future nominations fights, and how to defend our courts from attacks to core freedoms and principles.

Shortly after the release of Special Counsel Mueller’s “Report on the Investigation into Russian Interference in the 2016 Presidential Election,” congressional committees issued subpoenas for follow-up oral testimony and written documents. In response, President Trump vowed to fight “all the subpoenas.” This strategy has led House Democrats to complain that Congress’s authority as a co-equal branch of government is being thwarted. What are Congress’s constitutional oversight responsibilities and how can it perform them under these circumstances? Is it unprecedented for an administration to withhold documents? What are the remedies left to Congress in response? How will this showdown be resolved? Featuring: Caroline Fredrickson, President, American Constitution Society (moderator) Alan B. Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, George Washington University Law School Donald K. Sherman, Deputy Director, Citizens for Responsibility and Ethics in Washington (CREW); former Chief Oversight Counsel House Committee on Oversight and Government Reform

On April 29, ACS hosted a discussion of the recently released Mueller Report. As we continue to digest Special Counsel Robert Mueller’s Report on the Investigation into Russian Interference in the 2016 Presidential Election, serious legal questions remain regarding Congress’s power to subpoena a sitting president, the alleged legal impediments that prevented Mueller from indicting Trump associates for campaign finance violations, and what the law of obstruction actually provides. These questions take on more importance as we ask, what comes next? As talk of impeachment surfaces in both Democratic and Republican circles, what do we know about the meaning of “high crimes and misdemeanors”? Featuring: Bob Bauer, Professor of Practice and Distinguished Scholar in Residence, New York University Law School; White House Counsel to President Barack Obama Neil Kinkopf, Professor of Law, Georgia State University College of Law; Counselor to then-Senator Joseph Biden for the Impeachment Trial of President Clinton Barbara McQuade, Professor from Practice, University of Michigan Law School; Former U.S. Attorney for the Eastern District of Michigan Caroline Fredrickson, President, American Constitution Society

ACS experts discuss whether the addition of a citizenship question to the census violates the Administrative Procedures Act and/or the Constitution’s enumerations clause, and whether the trial court had the authority to order the deposition of Commerce Secretary Wilbur Ross to ascertain the motive for the question’s inclusion. On April 23rd, the Supreme Court will hear oral argument in Department of Commerce v. New York, a case that raises questions of administrative and constitutional law, and that has the potential to affect the accuracy of the 2020 Census, thereby impacting congressional representation and federal funding decisions. Featured Speakers: Jennifer Nou, Professor of Law, University of Chicago Law School Daniel Tokaji, Associate Dean for Faculty and The Charles W. Ebersold and Florence Whitcomb Ebersold Professor of Constitutional Law, The Ohio State University Moritz College of Law Kara Stein, ACS Vice President of Policy and Program

On April 5, ACS and Citizens for Responsibility and Ethics in Washington (CREW) hosted a discussion of whether these justifications should operate as categorical bars to releasing the Report and related evidence. The American people want to see the Mueller Report and the evidence underlying it, and Congress needs to review the Report and supporting material to fulfill its oversight duties. Yet Attorney General Barr has said he will send only a redacted version of the Report to Congress later this month. Potential justifications for limiting disclosure include grand jury secrecy rules and executive privilege. Featured Speakers: Barbara McQuade, Professor from Practice, University of Michigan Law School; former U.S. Attorney for the Eastern District of Michigan Andrew Wright, Senior Fellow and Founding Editor of Just Security; Associate Counsel to President Barack Obama Kristin Amerling, ACS/CREW Presidential Investigation Education Project, Moderator

This Term, the Supreme Court will once again tackle the issue of partisan redistricting when it reviews two cases to determine whether state legislatures violated the Constitution by intentionally diluting their citizens' votes for partisan purposes. Last Term, the Court heard two cases on the topic, but never reached the merits. Instead, it decided the cases on jurisdictional grounds.With those issues arguably resolved, the Court now seems ready to weigh in on whether partisan gerrymandering cases are justiciable when it hears Benisek v. Lamone, a challenge to the electoral map drawn by the Democratically-controlled Maryland legislature, and Rucho v. Common Cause, a challenge to the electoral map drawn by the Republican-controlled North Carolina legislature, on March 26, 2019. What test might the Court adopt for determining when redistricting is legitimate or illegitimate, and what are the implications of the various possibilities? How is the Supreme Court, now without Justice Kennedy, likely to rule on the merits? Featured Speakers: Kareem Crayton, Interim Executive Director, Southern Coalition for Social Justice Nicholas Stephanopoulos, Professor of Law, Herbert and Marjorie Fried Research Scholar, University of Chicago Law School Jenni Katzman, moderator, Director of Policy and Program, ACS

As the House’s impeachment inquiry ramps up, listen to an ACS briefing call with experts on the procedures and legal standards for impeachment, how those standards apply to the allegations against President Trump, and the implications for our national security. Featured Speakers: Mieke Eoyang, Vice President for the National Security Program, Third Way Michael Gerhardt, Burton Craige Distinguished Professor of Jurisprudence, UNC School of Law Kara Stein, ACS Vice President of Policy Program, Moderator