Can the President Fire a Federal Reserve Governor? The Lisa Cook Legal Showdown
In this episode of Passing Judgment, we delve into the high-stakes legal battle over the attempted removal of Federal Reserve Governor Lisa Cook. Jessica explains the Trump administration's push to fire Cook, the court's decision to reinstate her, and the looming emergency appeal. Tune in as we explore the legal protections for Fed governors, the fight over presidential power, and why this showdown could impact both the central bank’s independence and the broader economy.Here are three key takeaways you don't want to miss:Legal Battle Over Federal Reserve Independence: Jessica discusses the attempt by the Trump administration to fire Federal Reserve Governor Lisa Cook. She explains this centers on whether a president can remove a sitting Fed governor and under what circumstances, which is a pivotal question about the independence of the central bank.The Law and Statutory Interpretation: The conversation delves into the Federal Reserve Act, which only allows removal of board members “for cause.” There’s debate on what “for cause” means—whether it should be restricted to on-the-job misconduct or include actions before taking office. The district court judge sided with the narrower reading, that it should only pertain to conduct while in office.Due Process and Rights of the Removed Official: A significant part of the discussion is about whether Lisa Cook was given due process. The judge found she likely wasn’t given adequate notice or opportunity to respond to the allegations, which could be a violation of her rights.Follow Our Host: @LevinsonJessica
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The Legality of Trump’s Tariffs and Supreme Court’s Emergency Docket: What You Need to Know
In this episode of Passing Judgment, Jessica Levinson unpacks two recent Supreme Court emergency decisions. First, she discusses the Court’s move to allow ICE raids in Los Angeles to proceed, highlighting the legal debate over what constitutes reasonable suspicion for immigration enforcement. Next, she examines a ruling permitting President Trump to fire an FTC commissioner, raising questions about presidential authority over executive agencies.Jessica then dives into a major Federal Circuit Court decision striking down President Trump’s expansive tariffs, explaining why the court found he lacked statutory authority under the International Emergency Economic Powers Act (IEEPA). With the Trump administration seeking Supreme Court review, Jessica explores what these rulings mean for executive power, immigration, and international trade.Here are three key takeaways you don't want to miss:1. 1. Supreme Court Emergency Docket Decisions: Jessica opens the episode with a breakdown of two new decisions from the Supreme Court’s “emergency docket.” These aren’t full decisions on the merits, but rather interim rulings that signal how the Court may eventually decide, and have real practical effects in the meantime.2. The Federal Circuit Court’s Landmark Ruling on Tariffs: Jessica explains a recent and highly significant Federal Circuit Court decision regarding President Trump’s use of reciprocal tariffs. The court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose sweeping tariffs as he did.3. The Core Legal Issue: Presidential Authority Under the IEEPA: A central theme is whether the IEEPA grants the president power to impose tariffs. The court found it does not, highlighting that the statute’s language does not include terms like "tariff," "duty," or "tax," distinguishing it from other statutes where Congress has explicitly delegated tariff authority.Follow Our Host: @LevinsonJessica
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16:54
The Redistricting Showdown: Texas, California, and the New Era of Gerrymandering with Joseph Axe
In this episode of Passing Judgment, Jessica Levinson welcomes Reuters reporter Joseph Axe to discuss the intensifying battle over redistricting across the country. They examine Texas’ unprecedented mid-decade redistricting push, California’s proposed response, and the broader trend of overt partisan gerrymandering. The episode delves into what these changes mean for voters, political polarization, and the balance of power in Congress, highlighting how the fight over district lines could have lasting impacts on American democracy.Here are three key takeaways you don't want to miss:What is Redistricting and Why It’s Unusually Timely Now: The discussion highlights why redistricting is happening now, outside the normal decade cycle, mainly due to political pressure—specifically, former President Trump urging Texas to redraw its maps to increase Republican representation.The Texas Redistricting Battle: There’s a deep dive into recent, unprecedented actions in Texas, where Republicans are seeking to replace a map they themselves passed just four years ago with one even more favorable to their party.Partisan vs. Racial Gerrymandering: Political gerrymandering is drawing lines to benefit a party (now effectively permitted by the Supreme Court), while racial gerrymandering—diluting the voting power of racial minorities—remains illegal, though often overlaps with partisan efforts.Follow Our Host: @LevinsonJessica
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The Menendez Brothers’ Resentencing and Parole: What Really Happened
In this episode of The Passing Judgment Podcast, host Jessica Levinson recaps the latest legal developments with the Menendez brothers. After being resentenced in May 2025 to 50 years to life, Lyle and Eric Menendez became eligible for parole and recently had hearings—but both were denied, mainly due to the brutal nature of their crime and rule violations in prison. Jessica explains that their legal team is still pursuing release through a habeas corpus petition (based on new abuse allegations) and a clemency request to Governor Newsom, although both are unlikely to succeed. Here are three key takeaways you don't want to miss:Resentencing & Parole Eligibility: A recent resentencing in May 2025 made the brothers eligible for parole under California’s youthful offender framework, even though they were originally sentenced to life without parole.Recent Parole Board Denials: Despite the new eligibility, both Eric and Lyle were denied parole this August, with rule violations and the brutal nature of their crimes weighing heavily against them.Multiple Ongoing Legal Paths: In addition to parole, the Menendez team is pursuing a habeas corpus petition (introducing new evidence) and a clemency request to the governor, though both face significant legal hurdles.Follow Our Host: @LevinsonJessica
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Mississippi’s Social Media Law, Marriage Equality Threats, and CFPB Firings Explained
In this episode of Passing Judgment, Jessica breaks down three major legal developments: the Supreme Court allowing Mississippi’s age verification law for social media to take effect while litigation continues, a renewed but unlikely push to overturn the Court’s marriage equality decision in Obergefell, and a federal court ruling enabling potential mass firings at the Consumer Financial Protection Bureau. Jessica explains what these cases mean for our rights and daily lives, highlighting the ongoing balance between state power, individual liberties, and consumer protection.Here are three key takeaways you don't want to miss:Supreme Court and Mississippi’s Social Media Age Verification Law: The episode opens with a discussion of the Supreme Court’s decision to allow Mississippi’s new law requiring age verification for children on social media to take effect while legal battles continue. The law mandates social media companies verify users’ ages and get parental consent for kids under 18. Supporters claim it protects children from online harms, while critics argue it’s vague, intrusive, and may violate the First Amendment.Renewed Push to Overturn Marriage Equality (Obergefell v. Hodges): There’s renewed legal activity aimed at overturning the Supreme Court’s 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. The case gained attention due to Kim Davis, a former Kentucky clerk who refused to issue marriage licenses to same-sex couples, now asking the Supreme Court to revisit the ruling.Trump Administration and the Consumer Financial Protection Bureau (CFPB): The final major story discusses a recent court decision paving the way for the Trump administration to pursue mass firings at the CFPB—a federal agency created after the 2008 financial crisis to protect consumers. Follow Our Host: @LevinsonJessica
Is the constitution in crisis? This podcast is for people who are curious about politics and the law and how the biggest political and legal issues of the moment affect you. Pull up a chair and join host Jessica Levinson, a professor at LMU’s Loyola Law School, and a rotating cast of experts. Jessica will be joined by journalists, politicians, political scientists, lawyers, and many others.
Listen to Jessica and her guests for a wry, and sometimes irreverent take on the most pressing issues of our time. What are the laws of our democracy? How are they changing? And what does that mean for your daily life?
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