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Passing Judgment

Podcast Passing Judgment
Jessica Levinson
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 momen...

Available Episodes

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  • How Trump's Use of the Alien Enemies Act Could Reshape Immigration Policy with Greg Stohr
    In this episode of Passing Judgment, we examine the Trump administration's controversial attempt to use the Alien Enemies Act, an 18th-century law, to deport Venezuelan nationals. With guest Greg Storer, Jessica Levinson explores the historical precedent of the statute, the current legal arguments, and the implications for executive power. They also discuss the Supreme Court's role in these matters and other pressing legal issues. Here are three key takeaways you don't want to miss:Alien Enemies Act: The discussion centers around the Trump administration's attempt to use the Alien Enemies Act, a law from 1798, to deport individuals from Venezuela. The act has rarely been used and traditionally only in times of declared war. The Trump administration's approach has raised questions about its applicability without an official war declaration.Legal Proceedings and Executive Orders: There were significant legal maneuvers following Trump's proclamation about deporting Venezuelan nationals. The podcast delves into the temporary restraining order issued by a judge to halt these deportations, the legal arguments around jurisdiction, and differences in verbal and written orders.Supreme Court Considerations: The conversation segues into what cases might reach the Supreme Court, with a focus on significant issues such as birthright citizenship, the president's authority related to immigration laws, and overarching constitutional questions.Follow Our Host and Guest: @LevinsonJessica@GregStohr
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  • From Budget Battles to DOGE: Trump’s Congressional Address Unpacked with Amber Phillips
    In this episode of Passing Judgment, guest Amber Phillips returns to analyze President Trump's recent address to Congress and the implications of his administration's actions. Jessica and Amber explore the partisan nature of the speech and the administration's reliance on executive orders, notably within the Department of Governmental Efficiency (DOGE). They discuss the effects on the federal workforce, address questions surrounding the budget process, and examine entitlements. Here are three key takeaways you don't want to miss:Trump's Speech and Approach: The episode begins with a discussion about Trump's address to Congress. Both Amber and Jessica noted how the speech resembled more of a campaign rally than a traditional State of the Union address. They observed Trump's lack of engagement with Congress and his focus on executive orders to achieve his goals.Executive Orders vs. Congressional Legislation: Amber and Jessica explore why the Trump administration is relying heavily on executive orders despite having Republican control in Congress. They discuss the challenges of legislation and the perceived ease of presenting executive orders as actions to the public.Budget and Economic Implications: The speakers delved into the budgetary impacts of the Trump administration's policies, especially concerning cuts in government spending and workforce. They raised concerns about the broader economic consequences, such as potential unemployment and doubts about genuine savings versus necessary spending.Follow Our Host and Guest: @LevinsonJessica@byamberphillips
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  • Breaking Down Trump's Strategies: Economy, Tariffs, and Tensions with Ukraine with Joey Garrison
    In this episode of Passing Judgment, host Jessica Levinson is joined by Joey Garrison, USA Today's White House correspondent, to navigate the latest developments of the Trump administration. They discuss key topics such as executive orders, federal workforce cuts, tariffs, and the influence of Elon Musk's Doge efforts. Additionally, they explore the Democrats' strategic responses and the congressional dynamics surrounding President Trump's economic and foreign policies. Here are three key takeaways you don't want to miss:White House Changes and Cuts: The discussion begins with Joey Garrison outlining the sweeping changes made by the Trump administration, particularly through executive orders aimed at fulfilling promises to the MAGA base. A significant emphasis was on the creation of Doge, led by Elon Musk, which has been actively involved in restructuring federal departments and proposing workforce reductions.Impact of Tariffs on the Economy: The tariffs imposed on neighboring Mexico and Canada, as well as increased tariffs on Chinese imports, formed another major topic. The discussion touched on the political and economic ramifications of these tariffs, including rising consumer prices, diminished consumer confidence, and negative polling for President Trump on economic management.Foreign Policy – Ukraine and Russia: A significant portion of the episode covers the meeting between President Trump and Ukrainian President Zelensky, primarily concerning US-Ukraine relations and mineral agreements. The dispute and its implications for US support to Ukraine were discussed, with Trump administration's stance on withholding aid until diplomatic talks are pursued by Ukraine.Follow Our Host: @LevinsonJessica@joeygarrison
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  • The Supreme Court's Role in Trump's Firing Case with Katie Buehler
    In this episode of Passing Judgment, we explore the Supreme Court’s decision to abstain from ruling on a Trump emergency appeal about firing Hampton Dellinger, head of the Office of Special Counsel. Jessica Levinson and Katie Buehler, Law360's Supreme Court reporter, analyze the nuances of presidential power and the debate over the constitutionality of restricting executive authority. Here are three key takeaways you don't want to miss:Supreme Court Decision on Trump Emergency Appeal: The episode discusses the Supreme Court's recent decision not to review an emergency appeal concerning the firing of Hampton Dellinger from his position as the head of the Office of Special Counsel. The court allowed the temporary restraining order, which pauses the firing, to run its course and expire. Legal Arguments and Statute Constitutionality: The legal argument centers on whether President Trump had to provide a reason for Dellinger's firing, as required by federal law. Trump’s administration argues that the statute requiring a reason is unconstitutional and that the president should have the power to fire at will. This theme explores the larger question of presidential authority and statutory constraints.Significant Supreme Court Cases: Katie Buehler highlights other significant Supreme Court cases beyond the Trump-related decision, including a case involving the Federal Communications Commission's authority and executive power, as well as cases on religious rights such as opting-out of LGBTQ-related education and funding for religious charter schools. Follow Our Host: @LevinsonJessica@bykatiebuehler
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  • What the Federal Workforce Reduction Means for American Citizens with Tami Luhby
    In this episode of Passing Judgment, we delve into the Trump administration's controversial federal buyout plan aimed at reducing the workforce. Jessica is joined by expert guest Tami Luhby to unpack the deferred resignation offer's complexities, union opposition, and the vagueness surrounding its terms. We explore how these workforce reductions could impact government services and the ongoing legal battles related to this initiative. Here are three key takeaways you don't want to miss:Federal Buyout Plan: The Trump administration aimed to downsize the federal workforce, incorporating a controversial program called the deferred resignation offer. Approximately 2 million federal employees were offered this program, where 77,000 accepted the resignation offer. However, there was confusion and reported ineligibility among recipients.Legal Proceedings: A Boston judge twice paused the program, considering the unions' claims, but ultimately decided they lacked standing, supporting the administration’s effort to proceed with the buyout program.Impact on Services: The reduction in workforce potentially affects various essential services such as Social Security and Veterans Affairs, leading to concerns about extended wait times and disrupted services for the public.Follow Our Host: @LevinsonJessica@Luhby
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About Passing Judgment

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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