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PODCAST

The Briefing with Michael Waldman

Brennan Center for Justice

Every week, Brennan Center president Michael Waldman interviews the leaders, thinkers, and activists who are changing American democracy.

news politics

All Episodes

52:18

Supreme Court: Ready for Reform?

The Briefing with Michael Waldman ·

2024/07/03

Public support for the Supreme Court has plummeted to an all-time low in the last year as the highest court has been ridden with controversy and ethics scandals. Hard-right rulings from a conservative supermajority have also raised concerns about the judicial independence of the institution. Is it time to reform the Court? Listen in on a discussion between Kenji Yoshino, the Chief Justice Earl Warren Professor of Constitutional Law at NYU School of Law, Sen. Sheldon Whitehouse (D-RI), and Brennan

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51:44

A Politicized Supreme Court Is Remaking America

The Briefing with Michael Waldman ·

2024/06/26

Presidential immunity, limits on gun control, governmental oversight for agencies — the fate of these issues is in the hands of the Supreme Court this summer. Not only is the current Court the most conservative we have ever seen, it is also plagued with ethics violations. Brennan Center President Michael Waldman and Kareem Crayton, the Brennan Center’s senior director for voting and representation, discussed Waldman’s book The Supermajority: How the Supreme Court Divided America. Their conversation

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53:29

What Originalism Means for Women

The Briefing with Michael Waldman ·

2024/06/20

The Supreme Court has turned back time in recent decisions by regressing to an interpretation of the Constitution according to its “original meaning.” What has this meant for women’s rights? Listen in on a panel discussion with Madiba K. Dennie, author of the new book The Originalism Trap; Khiara M. Bridges of UC Berkeley School of Law; Emily Martin of the National Women’s Law Center; and Alicia Bannon of the Brennan Center and State Court Report. They delve into recent cases that have reversed

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51:53

Resisting Minority Rule

The Briefing with Michael Waldman ·

2024/06/13

A governing majority in the United States has never required an actual majority of the voting population. And the tactics of achieving minoritarian control are always shifting. A minority of Americans are now set on thwarting the will of the people through voter suppression, gerrymandering, and even election subversion. In his new book, Minority Rule: The Right-Wing Attack on the Will of the People — and the Fight to Resist It, voting rights reporter Ari Berman charts the rise of this antidemocracy

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54:11

What Comes Next in the Trump Legal Saga?

The Briefing with Michael Waldman ·

2024/06/04

Donald Trump is now the first American president convicted of a crime. The smooth trial process shows that — independent of the outcome — the U.S. justice system can still work, even with a powerful defendant. But full accountability seems far off. The federal courts, including the Supreme Court, have stalled Trump’s prosecution for trying to overthrow the 2020 election and for misuse of classified documents and obstruction of justice. Listen to an expert discussion on how Trump’s defense in the

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51:59

The High Cost of Public Service

The Briefing with Michael Waldman ·

2024/05/22

A new Brennan Center report reveals that intimidation aimed at state and local officials is distressingly common: For example, 43 percent of state legislators have experienced threats within the past three years. These threats have serious repercussions for representative democracy. Officeholders report being less willing to work on contentious issues like reproductive rights and gun control and more reluctant to continue serving. Additionally, intimidation is often targeted at groups already

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52:18

The Failed Experiment of Mass Incarceration

The Briefing with Michael Waldman ·

2024/05/08

Most of the more than 1 million Americans in prison — disproportionately low-income people of color — will return to their communities after serving long sentences with few resources and little support. Recidivism rates remain stubbornly high. The criminal justice system, then, fails to produce public safety even as core values such as equality, fairness, and proportionality have fallen by the wayside. The new book Excessive Punishment: How the Justice System Creates Mass Incarceration, edited by

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53:45

Misdemeanors by the Numbers

The Briefing with Michael Waldman ·

2024/04/24

Misdemeanors, not violent offenses, dominate criminal justice. A decade of reforms has shrunk the sprawling misdemeanor system, but the prosecution of shoplifting, traffic violations, and other lesser offenses remains a burden on vulnerable communities and law enforcement resources even as public concern over physical and social disorder in public spaces spurs calls for renewed enforcement. A new Brennan Center report zooms in on New York City as a case study for how misdemeanor enforcement has

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51:13

Decoding the Trump Indictments

The Briefing with Michael Waldman ·

2024/04/09

Listen to the recording of our in-person event from last month, Decoding the Trump Indictments. Melissa Murray and Andrew Weissmann, coauthors of the new book The Trump Indictments, discuss the historic charges against the former president in a discussion moderated by Brennan Center President Michael Waldman. Murray is the Frederick I. and Grace Stokes Professor of Law Faculty and director of the Birnbaum Women’s Leadership Center at NYU Law. Weissmann, a professor of practice at NYU Law and a legal

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00:33:24

Anne Applebaum on the Twilight of Democracy

The Briefing with Michael Waldman ·

2020/10/28

What role do members of the cultural and media elite play in the ascent of nationalist rule? In her new book, Twilight of Democracy, Pulitzer Prize-winning journalist and historian Anne Applebaum examines the surrogates who enable autocracy. She discusses the patterns of weakening democracies around the world with Washington Postcolumnist Max Boot.

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19:55

Martin Garbus and the Cuban Five

The Briefing with Michael Waldman ·

2020/07/08

In his most recent book, North of Havana, legendary trial lawyer Martin Garbus recounts one of his most high-profile cases: the Cuban Five. In this episode of Brennan Center Live, Garbus talks to Victoria Bassetti about what this case can teach us about the U.S. justice system, American politics, and U.S.-Cuba relations.

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00:26:00

Supreme Inequality

The Briefing with Michael Waldman ·

2020/06/24

In recent years, the Supreme Court has empowered moneyed interests to wield disproportionate influence in elections, gutted the Voting Rights Act, and upheld President Trump’s travel ban. These decisions fit a troubling, decades-long pattern, argues journalist Adam Cohen. He talks with NYU Law professor Melissa Murray about his new book, Supreme Inequality: The Supreme Court’s Fifty-Year Battle for a More Unjust America, and his finding that since the Nixon era, the Court has done little to protect

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00:35:56

George Washington: You Never Forget Your First

The Briefing with Michael Waldman ·

2020/06/10

How did George Washington view the presidency? What might he think of politics today? Historian Alexis Coe examines America's first president in a freshly humanizing light in her new book You Never Forget Your First. She talks with Julian Zelizer in this new episode of Brennan Center Live.

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00:23:37

Susan Rice on Things Worth Fighting For

The Briefing with Michael Waldman ·

2020/06/03

In her memoir Tough Love: My Story of the Things Worth Fighting For, former National Security Advisor and U.S. Ambassador to the United Nations Susan Rice reveals pivotal moments from her career on the front lines of U.S. diplomacy and foreign policy. In this episode of Brennan Center Live, Rice talks with NBC News’ Andrea Mitchell about the current state of foreign affairs and the challenges facing American leadership. What are the greatest threats to democracy around the world? To what extent does

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00:25:00

Election Meltdown

The Briefing with Michael Waldman ·

2020/05/27

The coronavirus pandemic has exposed several problems with the American elections system, but even outside of global pandemic, Americans are increasingly questioning the fairness and accuracy of our elections. In his new book Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy, law professor Richard L. Hasen examines sources of voters’ distrust. In this new episode of Brennan Center Live, he speaks with legal expert Victoria Bassetti and proposes steps to restore voters'

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00:33:38

When Should Law Forgive?

The Briefing with Michael Waldman ·

2020/05/20

When Should Law Forgive?, former Harvard Law School dean Martha Minow argues that we should build forgiveness into the administration of American law. She speaks with NYU Law Professor Melissa Murray in this new episode of Brennan Center Live."}" data-sheets-userformat=

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00:33:19

The Fight for Reproductive Rights

The Briefing with Michael Waldman ·

2020/05/13

Nearly half a century after Roe v. Wade, the U.S. Supreme Court seems poised to undermine or overturn the landmark ruling. It’s an unnerving time for reproductive rights across the U.S., but it’s not new: social movements, politics, and courts have lead us here. Legal experts Melissa Murray, Reva Siegel, and Kate Shaw trace the evolution of reproductive rights in their new book, Reproductive Rights and Justice Stories. They join Rebecca Traister (Writer at large, New York Magazine) in this new

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00:43:56

The Revolution in Prosecutors’ Offices

The Briefing with Michael Waldman ·

2020/04/15

District attorneys wield tremendous power and have for decades been a driving force in mass incarceration. In her new book Charged: The New Movement to Transform American Prosecution and End Mass Incarceration, journalist Emily Bazelon follows a new crop of district attorneys who are using their offices to pursue criminal justice reform. She discusses these efforts with district attorneys Kimberly M. Foxx and Eric Gonzalez, Fair and Just Prosecution’s Miriam Krinsky, and the Brennan Center’s

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00:41:58

How Progressives Can Compete for Power

The Briefing with Michael Waldman ·

2020/04/08

Policies supported by a majority of Americans are stymied in Washington and state capitals time and again. Enacting this agenda requires progressives to redouble their efforts at gaining power by expanding the franchise, ending voter suppression, and winning judicial elections, argues Caroline Fredrickson, former president of the American Constitution Society, in conversation with Eric Lesh. Fredrickson’s new book is The Democracy Fix: How to Win the Fight for Fair Rules, Fair Courts, and Fair

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00:44:56

The Great Migration’s Complicated Legacy

The Briefing with Michael Waldman ·

2020/04/01

African Americans fleeing racial terror in the South sought refuge in the North but instead encountered discrimination in housing, employment, and policing. Marcia Chatelain, Kenisha Grant, Ted Johnson, and Mark Whitaker discuss the history of the Great Migration and how it reverberates in mass incarceration and voter suppression today. Brennan Center Live is a podcast created from Brennan Center events, featuring fascinating conversations with well-known thinkers on issues like democracy, justice,

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