Stay ConnectedEvery week, Jessica Mason Pieklo and Imani Gandy take you on a wild ride through the latest legal battles in the fight for reproductive justice. On everything from abortion rights to trans discrimination to racial justice, Boom! Lawyered will help you get smart, stay mad, have fun, and fight back.
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Copyright: © 2022 Rewire News Group
With the election less than a week away, abortion rights and democracy are both on the line—and that’s no coincidence.
Andrea Grimes, journalist and vice president of research at Reproaction, joins Jess and Imani this week to talk about the importance of opposition research into anti-abortion activists, how the anti-abortion and anti-democracy movements work hand-in-hand, and why there’s no shortage of work for the pro-abortion movement. Plus, the trio chats about Grimes’ new media venture—the feminist blog The Flytrap—and why collective media could be the future of journalism.
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Can pro-natalists go touch some grass?
A trio of conservative attorneys general filed a complaint in federal court claiming the availability of mifepristone, one of two drugs used in medication abortions in the United States, creates a “sovereign injury” to the states themselves. They argue that mifepristone lowers teen birth rates in violation of the states’ “population interests.”
Jess and Imani get into why this argument is essentially constitutionally-mandated eugenics and how it could expand state police power. We could be entering an entirely new era of constitutional law.
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This week, we’re talking about EMTALA—yes, again. The Ninth Circuit will hear arguments over Idaho not wanting to abide by the Emergency Medical Treatment and Active Labor Act in December, and the case is sure to make it back to the Supreme Court.
This time, though, conservatives have a new weapon: the Spending Clause. Much to Jess’ chagrin, she and Imani get into how Amy Coney Barrett pulled an Alito-esque move to tee anti-choicers up to use the Spending Clause to upend EMTALA for good.
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Project 2025, the 2024 election’s big bad wolf, is coming for reproductive justice. The Heritage Foundation’s policy prescription for a second Donald Trump administration would turn the Emergency Medical Treatment and Active Labor Act (EMTALA) on its head and explicitly allow anti-LGBTQ+ discrimination.
This week, Jess and Imani dive into the Project 2025 policy positions that pose the biggest threat to reproductive health care. From disavowing abortion to its “life agenda,” the parade of horribles would, if implemented, entrench the country further into Christofascism.
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If there’s one thing conservatives like doing, it’s finding the perfect plaintiff to be the face of a court challenge to a policy that will strip people's rights.
Enter: the Becket Fund for Religious Liberty and their plaintiffs: a group of goat-herding Anglican nuns, who are challenging a New York state regulation that requires employers to provide medically necessary abortions in their employee health insurance plans.
In this week's Boom! Lawyered, Jess and Imani get you caught up on Diocese of Albany v. Harris, and the Becket Fund's petition to the Supreme Court asking the justices to take up their case.
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Welcome to a new season of Boom! Lawyered, which also means a new Supreme Court term is around the corner. What better way to usher that in with friend-of-the-pod Elie Mystal joining Jess and Imani on the season premiere of the podcast?
They try to answer important questions weighing on all our minds, including:
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How can Vice President Kamala Harris go beyond “restore Roe" messaging during her presidential run? What are the odds that a state like Michigan, where voters enshrined abortion rights into the state constitution, could have that overturned in a second Donald Trump presidency?
Join Jess and Imani this week as they respond to these questions and more—submitted by you, our listeners. And stay tuned for the return of Boom! Lawyered's regular season in the fall to usher in what promises to be another unpredictable Supreme Court term.
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The Biden administration's final Title IX rule, which bans sex discrimination in schools that get federal funding, took effect last week. Except, that is, in the more than two dozen states where conservative attorneys general filed lawsuits to block the rule from taking effect.
Chris Geidner joins Imani and Jess this week to parse through the legalese and where it leaves LGBTQ+ students as the school year nears.
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Editor's note: This episode was recorded before President Joe Biden's SCOTUS reform proposals.
Black women law nerds, unite! "We're having a moment," as this week's special guest Madiba Dennie says.
Dennie is a lawyer, deputy editor and senior contributor at Balls and Strikes, and the author of The Originalism Trap. She joins Jess and Imani to discuss how originalism is not a legitimate intellectual theory, the idea of "jurisdiction stripping," and the next Supreme Court term.
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Boom! Lawyered is back for a summer session with four episodes before fall—and first up is Lizz Winstead, the founder of Abortion Access Front and co-creator of the Daily Show.
It's a smorgasbord of all things reproductive rights, including serious things like expanding the courts and abortion access and not-so-serious things like a debate between "Anthony Comstock" and Minnesota Sen. Tina Smith that Winstead will moderate in the fall, and starting a band called Mife and Misotones.
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The Supreme Court released its decision regarding the Emergency Medical Treatment and Active Labor Act—not once but twice thanks to another opinion leak!—and, well, the justices punted.
In this reaction episode, Jess and Imani get into the coward decision in Idaho v. United States— that dismissing the case as "improvidently granted" is simply a cop-out, and the ripple effects that will emerge.
And stay tuned for a short summer season coming up!
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The recent Supreme Court decision in FDA v. Alliance for Hippocratic Medicine did not "restore" mifepristone access. The justices didn't "dismiss" the case. And yet that's what some media have been claiming.
Join Jess and Imani in this mythbusting mifepristone episode and what they're predicting comes next.
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The Supreme Court issued its decision in the first of two abortion cases we've been waiting for—and it was pretty OK!
Join Jess and Imani in this reaction episode breaking down the unanimous ruling on standing in FDA v. Alliance for Hippocratic Medicine that was written by—yup—Justice Brett Kavanaugh. Our verdict? The decision is great, but more litigation is coming.
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It's a supersized episode of Boom! Lawyered with special guest Gretchen Sisson, author of the recently released book Relinquished: The Politics of Adoption and the Privilege of American Motherhood. Sisson is also a qualitative sociologist and friend of the pod who studies abortion and adoption at Advancing New Standards in Reproductive Health based at the University of California, San Francisco.
Jess and Imani talk to Sisson about the complicated politics of adoption and abortion. She explains why adoption isn’t the answer to winnowing abortion access and why the conversations around abortion and adoption are overly simplistic. The decision faced by relinquishing mothers is not whether to adopt or have an abortion but whether to parent or not.
And poverty, unsurprisingly, plays a large role in any decision a pregnant person makes regarding parenting. The anti-abortion movement wants adoption to be an alternative to abortion, but it’s not.
“The idea that women are choosing between abortion and adoption is not borne out by the data at all,” Sisson said.
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Supreme Court Justice Samuel Alito has always been the worst, but now, he's even more confident letting his freak flag fly because he knows nothing is going to happen to him.
By now, you might have heard about the Alito's Virginia home displaying an upside-down American flag—an insurrectionist symbol after the January 6 attack on the Capitol, and their flying another, an "Appeal to Heaven" flag, at their beach home in New Jersey.
As Imani says in this week's episode, "everything about this story stinks."
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Jess and Imani are talking about Idaho—again!
Now that the state has made its argument that people who visit emergency rooms at Medicare-funded hospitals needing an abortion can go pound sand, it's arguing before the Ninth Circuit Court of Appeals that anyone who “recruits, harbors, or transports” a minor within Idaho for the purposes of “procuring an abortion” out of state can be criminalized as an abortion trafficker.
As Jess says, Matsumoto v. Labrador isn't about "abortion trafficking"—whatever that means—it's about criminalizing direct aid to folks who need abortions and forcing parental involvement in minors' reproductive health-care decisions despite contrary Supreme Court precedent.
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Two years ago today, Politico published the bombshell leak heard around the world—Justice Samuel Alito's 98-page majority draft opinion overturning Roe v. Wade.
In this flashback episode, Jess and Imani react the following afternoon to the absolute sucker punch.
For more coverage of the leaked opinion, check out our next episode, "Processing the Fallout of the Supreme Court Leak."
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It was a grim day at the Supreme Court for oral arguments in Idaho v. United States with the fate of Emergency Medicine Treatment and Active Labor Act (EMTALA) at stake.
Jess and Imani bring you quick analysis about what happened, including how the conservatives are arguing in the margins about life and death.
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It’s time for oral arguments in the second abortion case this Supreme Court season, one that Jess and Imani have both written and talked a lot about in the last year. In this week's episode, they share what they'll be listening for during Wednesday's arguments.
They'll also be bringing you their rapid reactions later that day, so be sure to tune in.
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With Jess out, Elie Mystal, friend of the pod and justice correspondent at the Nation, joins Imani on a supersized episode of the pod this week!
They chat about all your favorite and not-so-favorite Supreme Court justices: Samuel Alito's long hatred for women, how much Amy Coney Barrett hates abortion, and why it's not even worth talking about the recent calls for Sonia Sotomayor to retire.
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The Florida Supreme Court was busy this week in issuing decisions surrounding bodily autonomy.
In twin decisions the court stripped abortion rights from the Florida Constitution—and to no one's surprise, the reason was dodgy at best—while also allowing voters to decide whether to amend the constitution so it explicitly protects abortion. In the process, the court upheld the state's 15-week ban and cleared the way to let a more restrictive six-week ban to take effect May 1.
Jess and Imani try to make sense of these decisions and explain how they're related to the fight for "personhood" in the Sunshine State.
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Who had a bad day at the Supreme Court this morning for oral arguments in FDA v. Alliance for Hippocratic Medicine? Erin Hawley.
What had an OK day at the Supreme Court? Mifepristone!
In this rapid reaction episode, Jess and Imani agree that mifepristone's big moment before the justices didn't seem as bad as they were expecting. Listen along and get the nuts and bolts of the important points from today's oral arguments.
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Pace yourself this Supreme Court season, folks, as we head into oral arguments for two major abortion rights cases before the term ends. First up on Tuesday is FDA v. Alliance for Hippocratic Medicine, which will decide the fate of mifepristone, one of two drugs used in medication abortions.
Not only could a ruling before the end of the Court term wipe out access, conservatives are using the case to resurrect the Comstock Act to eventually outlaw "obscene" things like contraception in the United States.
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This week, the Fifth Circuit Court of Appeals issued a ruling in Deanda v. Becerra, which challenges teens’ ability to access birth control without parental consent. The Fifth Circuit, unsurprisingly, ruled in favor of Deanda, upending four decades of federal precedent.
Jess and Imani break down the appeals court’s decision and why the ruling is a ticking time bomb for Title X in other states, too.
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The next major Supreme Court fight over nationwide abortion access since the overturn of Roe v. Wade is coming up. Oral arguments in FDA v. Alliance for Hippocratic Medicine, regarding mifepristone access, one of two drugs used in medication abortion, is set for March 26, and the justices could potentially set access back decades.
In this flashback episode, Jess and Imani discuss how anti-choice activists are using scare tactics—and language like “chemical abortion”—to stigmatize mifepristone. Decades of research and data show mifepristone is safe and effective.
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Catch up with stories you may have missed at rewirenewsgroup.com.
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Junk science is everywhere surrounding the big medication abortion case the Supreme Court will hear in late March, FDA v. Alliance for Hippocratic Medicine. The junk science is so improper, in fact, that the academic publishers who published studies that were cited by the plaintiffs—and the lower court judge who ruled on it, Matthew Kacsmaryk—retracted them.
As Imani says in this week's episode, the Supreme Court may very well rely on a bunch of bozos when it decides to maintain the restrictions on access to abortion that were imposed by Kacsmaryk and the Fifth Circuit. So if the evidence upon which that decision was based is garbage, the Court should rule in favor of the FDA. Right?
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The Pennsylvania Supreme Court issued a ruling this week regarding abortion, and there's been some confusion around it. No, the court didn't find a fundamental right to abortion in the state constitution. However, the justices did pave the way for that possibility as they weighed whether Medicaid must cover abortions in Pennsylvania.
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After the Supreme Court overturned Roe v. Wade, the Biden administration issued guidance on the Emergency Medical Treatment and Active Labor Act (EMTALA) to say that emergency care at Medicare-funded hospitals includes abortion care.
So why, when there has been a clear violation of that, did the administration side with the hospital over the patient who needed care and throw doctors under the bus?
This week, Jess and Imani get into Jaci Statton's case—the perfect example of what's wrong with relying on EMTALA to enforce abortion rights.
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Last week, the 11th Circuit Court of Appeals allowed Alabama’s gender-affirming care ban to go into effect, and that’s terrible not just for Alabama, but also for Georgia and Florida, both of which are located in the 11th Circuit and have gender-affirming care bans being litigated right now.
Hear from Jess and Imani, who've got everything you need to know about Eknes-Tucker v. Ivey and why the ruling is flat out wrong.
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We've got not one but two abortion cases at the Supreme Court this spring, with the possibility of yet another heavily rewritten reproductive rights landscape.
Welcome back to Boom! Lawyered. Jess and Imani are ready to fill you in on everything you need to know about the latest Court case on EMTALA, or the Emergency Medical Treatment and Active Labor Act, which requires emergency rooms to treat patients regardless of their ability to pay.
But what about pregnant people who might need life-saving care in states with abortion bans?
Will the justices save pregnant people or state abortion bans?
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We'll be back on January 5, 2024.
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Texas resident and former Rewire News Group staff member Andrea Grimes joins Imani on the final episode of 2023. From Kate Cox to Texas' SB 8, they break down the confusing mess and nonsense going on in Texas' abortion landscape.
See you in 2024!
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You'll likely be hearing a lot more about L.W. v. Skrmetti, a trans rights case that the ACLU has requested the Supreme Court takes up.
Jess and Imani get into the nuts and bolts of the Sixth Circuit Court of Appeals decision that allowed Tennessee's gender-affirming ban targeting trans kids to take effect, breaking previous federal court consensus that these bans are unconstitutional. Led by Judge Jeffrey Sutton, a George W. Bush appointee, it was the first decision to let a gender-affirming ban take effect, which has led to a domino effect on other similar bans in the country.
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Jess and Imani will be back the next week for the final three episodes of 2023.
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Meet Zackey Rahimi, someone who apparently has never met a situation he didn’t try to shoot his way out of, including family, random drivers, and Whataburger.
Jess and Imani are back to break down last week's Supreme Court oral arguments in his case, United States v. Rahimi, which boils down to originalism on steroids. As Jess says Solicitor General Elizabeth Prelogar's oral arguments showed, "If you believe in originalism like, really believe in it with your whole chest, then you also really believe in Christian patriarchy that includes men having dominion over women and children the same way that God has dominion over his creations. That's how you enshrine that kind of dominionist religious belief into legal code. That idea of dominion as a philosophy is the basis of property law—and now it might become the basis of Second Amendment law."
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The demise of the constitutional right to privacy, conservatives' attacks on birth control, and Jess and Imani's ol' pal U.S. District Judge Matthew Kacsmaryk. What do these things all have in common?
The case Deanda v. Becerra—about whether teens can get birth control from federally funded health centers without their parents' consent. Kacsmaryk, a Trump judge, has ruled that teens can't despite Title X regulations saying they can.
Jess and Imani get into why the case is such a big deal, what might happen if the case reaches the Supreme Court, and more.
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This week, Imani and Jess dive into civil procedure (sorry Jess) as they discuss whether the Supreme Court will kick a case that could interfere with enforcement of the Americans with Disabilities Act. They explain what civil rights testers do, what case mootness is, and why the Court should—and probably will—decline to rule in Acheson Hotels v. Laufer on standing.
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Imani and Jess are back to chat about the conservative assault on trans folks’ personhood. They get into the slew of attacks the community has faced this year alone, and Imani makes the case for equal rights protections for trans people. It's all part of our latest special issue, They the People.
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In the meantime, catch up with our latest special issue, "They the People," all about trans rights.
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Smell that? It’s the stink of the Supreme Court’s corruption creeping closer. Before the Court’s next term begins Monday, Imani and Jess preview some of the upcoming cases it’s set or likely to decide, including lawsuits over access to mifepristone, racist gerrymandering, and insurance coverage for gender-affirming care.
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The Supreme Court's stink of corruption didn't take a summer break like we did. From everything going on with Ginni Thomas to Justice Samuel "the Leak" Alito and Federalist Society President Leonard Leo, Jess and Imani return and get you caught up with these democracy underminers. Can everyone get another hobby?
Welcome to a new season of the Boom! Lawyered podcast. Thanks for joining us!
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Well, it happened: The Supreme Court killed affirmative action, with all six conservative justices—yes, including so-called moderate Chief Justice John Roberts—ruling against the policy in Students for Fair Admissions v. Harvard/University of North Carolina.
In the live season finale of Boom! Lawyered, Jess and Imani break down the majority and dissenting opinions, and the impact it will have on college admissions. They also dig into 303 Creative LLC v. Elenis, which is expected to come down Friday—the final day of the Court's term—and Melissa Gira Grant’s bombshell report in the New Republic.
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U.S. District Court Judge Robert Hinkle didn't mince words in his barnburner of an opinion striking down Florida Gov. Ron DeSantis' draconian anti-trans bill. In his opinion for Doe v. Ladapo, Hinkle wrote: "Pushing individuals away from their transgender identity is not a legitimate state interest."
On a new episode of Boom! Lawyered, Jess and Imani break down the decision and what's next for trans rights in the Sunshine State.
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Jess and Imani are back with a rapid reaction analysis of Brackeen v. Haaland, a case that threatened the Indian Child Welfare Act, which ensures that Indigenous children stay in their families and tribes. Just when we thought the Supreme Court couldn’t surprise us anymore, a majority of justices voted to protect tribal sovereignty, with Justices Samuel Alito and Clarence Thomas dissenting.
Jess and Imani dig into why the Brackeens lost, Justice Amy Coney Barrett’s majority opinion, and how the issue could get raised again in the future.
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It's just Jess Pieklo on the podcast this week, and she's joined by a special guest: feminist author Jessica Valenti, who created the newsletter Abortion, Every Day.
This episode is part of our special issue, which you can view here.
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It's June, which means only one thing: Sweaty SCOTUS Season is here. All month long, we'll be waiting on the Supreme Court justices to release their decisions on cases heard this term.
In a new episode of Boom! Lawyered, Jess and Imani take a closer look at the four cases we'll be keeping an eye on—and yes, will have live rapid reaction episodes once those decisions drop. Be sure to follow us on Twitter for breaking news updates and on YouTube to get notified when we go live.
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Republican lawmakers in North Carolina are legislating a horrible abortion ban in the shadows that could eventually make its way up to the Supreme Court. And we know these justices just love to legislate on the shadow docket, so that's a bad sign. And the even bigger issue? The First Amendment violations.
Join Jess and Imani this week as they break down what's going on in North Carolina.
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This week, Jess and Imani get into all clownery and corruption at the Supreme Court and what they learned from last week's Senate Judiciary Committee hearings over SCOTUS ethics (like Chief Justice John Roberts refusing to show up and testify).
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Conservatives are trying their hardest to resurrect the Comstock Act as a way to ban mailing abortion pills. This week, Imani is joined by special guest and colleague Garnet Henderson, Rewire News Group's senior multiplatform reporter and resident Comstock Act expert, to break down how we got here and where we're going. You won't be surprised to learn that there's someone familiar behind the push to ban access to abortion pills by mail.
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Jess and Imani recorded this special episode of Boom! Lawyered in front of a live audience over the weekend at the Summit for Religious Freedom. Tune in for their expert analysis on the mifepristone lawsuit.
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Jess is out for this episode, so Boom! Lawyered welcomes back special guest and friend of the pod Elie Mystal, the Nation's justice correspondent. It's a supersized episode about expanding the Supreme Court, abortion, judges, and just about everything else about the law that you need to know—with a healthy dose of laughter.
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Abortion. Voting. Trans rights. Clean water. The Wisconsin Supreme Court race had all the rights on the line. And who showed up big at the polls? Gen Z.
For the first time in 15 years, liberals won the Wisconsin Supreme Court race—and they won big.
In a new episode of Boom! Lawyered, Jess and Imani find a moment of joy to offer their analysis on a race that had a lot on the line, like the state's pre-Civil War abortion ban.
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Two federal courts issued two different—and contradictory—rulings in the ongoing fight over approval of mifepristone, one of two drugs used for medication abortions. As yet another reminder: The FDA approved mife over two decades ago.
Join Jess and Imani in this rapid reaction episode for some cathartic rage as they break down what it all means.
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A 12-year-old trans kid wants to run on her school's cross-country and track teams, but the state of West Virginia doesn't want to allow it. This anti-trans case, West Virginia v. BPJ, is on emergency application at the Supreme Court, which means—the shadow docket. Ugh.
In a new episode of Boom! Lawyered, Jess and Imani discuss how the conservative movement is taking draconian measures on a made-up cultural war surrounding trans kids in sports.
Be sure to stay til the end of the episode for a special Boom! Lawyered announcement.
Correction: This podcast misstates the last name of a 12-year-old at the center of West Virginia v. BPJ. Her name is Becky Pepper-Jackson. (We’re sorry, Ms. Pepper-Jackson.)
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A Texas woman's friends helped her self-manage an abortion. Now, her ex-husband is suing them.
In a new episode of Boom! Lawyered, Jess and Imani discuss the wrongful death lawsuit against three women who helped their friend get an abortion and leave her marriage.
Not only is this alarming, but it's also part of a bigger campaign to eradicate medication abortion by any means necessary.
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Anti-trans advocates want to punish trans people for existing. To make life more difficult for trans kids. It’s pure cruelty for cruelty’s sake.
From the hundreds of anti-trans bills being introduced in state legislatures and an ongoing fearmongering campaign by legacy media that refuses to temper their anti-trans coverage with some coverage from actual trans journalists to the right-wing extremism attempting to “ban transgenderism,” Jess and Imani have a frank conversation on the attempts to eradicate LGBTQ people from society.
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A Florida attorney is trying to free his client from jail. His client? A fetus. In a new episode of Boom! Lawyered, Jess and Imani break down a case that could open the floodgates for "fetal personhood"—but, it's a little more complicated than that.
Charter Day School in North Carolina requires girls to wear skirts in order to "preserve chivalry" based on its belief that "every girl is a fragile vessel."
Is it the 1950s? In a new episode of Boom! Lawyered, Jess and Imani get into the case, Charter Day School v. Peltier, which the Supreme Court is thinking about taking—despite the fact that the Court has never weighed in on dress codes.
We know what happens when the Court takes up cases they don't need to.
The future of abortion is medication abortion. Anti-abortion activists know this. That's why they're coming after abortion pills—and fighting hard to get it banned nationwide.
In a new episode of Boom! Lawyered, Jess and Imani dive into Alliance for Hippocratic Medicine v. FDA, the case before a Trump judge that could ban mifepristone, one of the two pills used in medication abortions.
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In this post-Roe world, we're at the intersection of the criminalization of pregnancy and the future of abortion access—and that's by design.
In a new episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy discuss how medication abortion—which is safe, effective, and lets people manage their abortion at home if they choose—is being targeted (like it is in Alabama, where the attorney general is threatening to use drug laws to go after pregnant people).
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What a surreal moment. This should be the week of Roe's 50th anniversary. But like the planet Alderaan, it's been blown away by the Death Star (aka the Supreme Court). Jess and Imani discuss the future of abortion rights and what abortion access will look like in our new post-Roe reality.
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As Jess predicts, “Conservatives will really go for it in terms of the wild restrictions and trying to push fetal ‘”personhood.'”
Jess and Imani reflect on a wild and devastating year and put their prediction hats on for next year. The TL;DR: With this Court, it's not great.
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Jess and Imani are back with their rapid reaction analysis of Moore v. Harper, the case heard today before the Supreme Court that that could forever change how elections are run in this country. It involves the absurd independent state legislature theory that claims the elections clause of the Constitution allows state legislatures to run their federal elections with unchecked power.
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In this rapid reaction episode, Jess and Imani get into today's Supreme Court oral arguments in a case about a web designer who argues free speech extends to hypothetical website design for a hypothetical same-sex couple. In other words, it's about weaponizing the First Amendment to refuse services based on personal belief. And in his questioning, Justice Samuel Alito had some things to say about Black Santa and Black kids in Klan costumes.
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Jess and Imani get into the heart of the New York Times' bombshell reporting over the weekend that alleges Justice Samuel Alito leaked a 2014 opinion on a big contraception case. So, just how corrupt is Alito, and can anything be done about it?
As Jess says, "The allegations in the New York Times piece are absolutely extraordinary. They totally paint this picture of Sam Alito and Clarence Thomas as ... just straight-up partisan operatives ... helping the Court craft policy."
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If the midterms solidified anything, it's this:
The Supreme Court is a vehicle for how the white supremacist project of dominance—the relegation of women and other potential pregnant people to second-class citizenship and erasure of marginalized people—will be implemented.
Jess and Imani get deep into how the election showed we’re in a battle between the democratic will of the voters and a captured federal judiciary that is intent on imposing its own white Christian vision of the United States.
And yes, while we learned that when abortion is on the ballot, abortion wins, it means the anti-abortion movement will work even harder to keep abortion off the ballot moving forward.
Mentioned in this episode:
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While you were paying attention to the midterm election results, the Supreme Court heard oral arguments in cases challenging the constitutionality of the Indian Child Welfare Act, which was enacted 44 years ago this week to keep Native children and their families intact.
In this rapid reaction episode, Jess and Imani lay out what's at stake in Brackeen v. Haaland and other consolidated cases for tribal sovereignty and protections—and how overturning the precedent set forth in the ICWA will mean Native children will pay the price.
As Imani says, "We're talking about the literal destruction of tribal sovereignty as it's been in place for centuries, and that should concern everyone."
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It's our first live!
In this rapid reaction episode, Jess and Imani break down all the shenanigans that were afoot at the Supreme Court today as the justices heard oral arguments in what could end race-based affirmative action as we know it in higher ed admissions.
You can also watch the video playback of the live episode here.
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Imani and Jess are being upfront—and admitting they got something wrong. It’s about the 2020 Supreme Court decision in Bostock v. Clayton County, in which the justices held that Title VII of the Civil Rights Act protects trans and gay employees at the workplace.
Upon reflection, it turns out that the Bostock opinion is one giant goose egg—and Justice Neil Gorsuch is to blame. As Jess says in the episode, "He managed to write the decision and tailor it so narrowly that it left open room for future conservative fuckery."
That moment has arrived.
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Jess and Imani are all over National Pork Producers Council v. Ross, the Supreme Court case about pork production and regulation in California—but really, it's low-key a case about abortion rights. Yes, pork rights are abortion rights.
To understand the interconnectedness, you'll need to know about the commerce clause and the dormant commerce clause. This is a one meaty episode you won't want to miss.
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In a new episode of Boom! Lawyered, it's Justice Ketanji Brown Jackson's first official week on the Supreme Court. And it was a big one! Jess and Imani get into the important voting rights case the justices heard and how Jackson is already making her mark on the bench.
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Your favorite legal journalists Jessica Mason Pieklo and Imani Gandy bring you everything you need to know about the new Supreme Court term and how the cases on the docket will represent the biggest step forward for the white evangelical movement in modern history.
As Imani says in the episode, by the end of summer 2023, we could be looking at a world where business owners can discriminate against LGBTQ folks, tribal sovereignty is destroyed, and Black and brown voters experience even more voter suppression than they already do.
"It's bananas to me to think that we're previewing a term that's poised to be worse than one that overruled Roe v. Wade, that erased from history 50 years of constitutional law precedent—but here we are," Jess says.
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Host Imani Gandy is flying solo and is joined by friend-of-the-pod Elie Mystal, justice correspondent for The Nation. They have a super-sized conversation about the dystopian, post-Roe world the Supreme Court justices have created. They dissect why some people are afraid to say the word abortion (we're looking at you, President Biden) as if it's a shameful thing, and how that connects to the failings of comprehensive sex ed in schools.
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President Joe Biden took some baby steps—finally—to protect abortion in the country. But it's just not enough to get folks abortion care today.
In a new episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy dig into Biden's broad-strokes executive order, which is delivers big on aspirations and little on actual direction and action points.
As Jess says in the episode: “Waiting to respond, issuing a response that so clearly doesn’t meet the moment—we’re sending signals that what the Supreme Court is doing is OK. Like the Supreme Court is functionally exercising a judicial coup in this country. It’s just doing what it wants because it can. The law is no longer a barrier to anything.”
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In a new episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy dive into the Court’s decision in Kennedy v. Bremerton School District, which sided with the public high school football coach whose prayer circle turned into a community event.
Everything about it takes us back to our worst colonial and imperialist days.
Mentioned in this episode:
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For the first time in this country's history, an unelected majority of Supreme Court justices have taken away a fundamental constitutional right.
In this rapid reaction episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy try to process the Court's decision to overturn the right to abortion set by Roe v. Wade and Planned Parenthood v. Casey.
For full coverage of the end of Roe v. Wade, see our special report. For continued breaking news coverage, be sure to follow us on Twitter and Instagram.
Further reading:
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Do you live in Sacramento? Houston? Literally the entire state of Florida? What about Maine? If so, the Supreme Court recently gave the green light for border patrol agents to enter your home without a warrant—and there’s nothing you can do about it.
In a new episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy break down the stunning decision in Egbert v. Boule and what it means for your rights.
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Supreme Court clerks are being pressed to turn over their phones. Whispers of criminal statutes being invoked abound. Basically, whomever leaked the draft of Justice Samuel Alito's decision in Dobbs v. Jackson Women's Health Organization might be in a whole lot of trouble. But did they actually commit a crime?
In this episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy discuss the latest drama in the investigation of "SCOTUSgate" ("Leakgate?"), the laws that may or may not apply, and a wild case of Supreme Court leakiness from the early 20th century that foreshadows all of this.
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In this episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy discuss the surveillance state that conservative lawmakers are creating. It's real. It's not just the bounty hunter laws where neighbors are rewarded for snitching on each other. They're also getting nurses to snitch on patients. It's using the criminal justice system to police pregnancy—and it's going to get worse.
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Jess is joined by Robin Marty, operations director at Alabama West Women's Center, for a deeper look into the landscape of abortion in the South and how the clinic is preparing for a post-Roe world.
Resources mentioned in the episode:
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Co-hosts Jessica Mason Pieklo and Imani Gandy break down what’s happened since Politico published the leaked SCOTUS opinion, including which lawmakers have risen to the occasion, and which didn’t. They also chat about how the White House’s response measures up to the gravity of the moment. And they’ll hit on what comes next: which states are poised to defend access moving forward and what the decision will mean for lawmakers eager to roll back abortion rights even more.
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There's no sugarcoating it, folks: We're in the bad place.
In this emergency episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy bring you everything you need to know after Politico published a draft majority opinion in Dobbs v. Jackson Women's Health Organizationthat fully reverses Roe v. Wade and Planned Parenthood v. Casey. After the recording of this episode, Chief Justice John Roberts released a statement that verified the authenticity of the opinion.
It's full chaos, and there's no one like Jess and Imani to help you understand what it all means and where we go from here.
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Boom! Lawyered is approaching 1 million downloads, and Jess and Imani have something special planned for loyal subscribers and listeners like you! Keep tuning in this month and be sure you're following us on Twitter.
Connecticut just passed the most progressive and pro-abortion law on the books right now—and it's a shining example of what states can do if they care about abortion access.
In this new episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy take a look into a post-Roe world—mostly bad, some definitely good. If (and when) Roe v. Wade falls nationwide, there will be vast abortion deserts in the country—states where abortion is entirely illegal or inaccessible to the point of nonexistence. This means that providers and patients will need to rely on traveling to other states to provide or access care.
It's basically up to progressive lawmakers to safeguard access—like what Connecticut is doing in sticking its neck out and transforming the state into a haven for access.
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Articles mentioned in this episode:
The case has the potential to completely change the landscape of abortion access as we know it. And only one thing might be certain, as Jess puts it: There's no chance for a win here.
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That's what happened in Texas after the indictment and arrest of Lizelle Herrera for a “self-induced” abortion. While Herrera’s charges were dropped, the case is a grim insight into the criminalization of pregnancy and pregnancy outcomes—one that seems to be getting worse.
In a new episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy break down a few key points about what happened: the importance of accuracy in reporting on these issues, the ever-present questions about HIPPA and medical privacy, and the carceral nature of medicine.
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Articles mentioned in the episode:
The Senate voted 53-47 this afternoon to confirm Ketanji Brown Jackson to the Supreme Court! "Aye" votes came from Republican Sens. Susan Collins, Lisa Murkowski, and Mitt Romney to confirm Jackson, who's the first Black woman, and first public defender, to join the nation's highest court.
In this rapid reaction episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy celebrate this historic moment and look ahead to upcoming cases that Justice Jackson will hear next term.
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In a new episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy ask the all-important question: Did we just move on from the fact that Ginni Thomas maybe probably definitely discussed the Big Lie with her husband—a sitting Supreme Court justice—while urging Trump administration officials to not accept the 2020 election results?! And will the Democrats do anything about it?
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Articles mentioned in this episode:
Join co-hosts Jessica Mason Pieklo and Imani Gandy in a special reaction episode of Boom! Lawyered as they discuss the main takeaways from the day three of Judge Ketanji Brown Jackson's confirmation hearing: Republicans are willing to pander to the lowest of the lows, and they're coming for all of our rights.
It's pretty dark. But Jess and Imani are following the lead of Sen. Cory Booker (D-NJ) and celebrating joy in this historic nomination.
This episode was recorded prior to more info being released on the rest of the confirmation process. Senate Judiciary Chair Dick Durbin (D-IL) has said he wants the full Senate vote to occur before the chamber breaks. Here’s how the schedule is expected to play out:
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In this rapid reaction episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy break down all the good (Mazie Hirono, Cory Booker), the bad (Lindsey Graham), and the ugly (John Cornyn, Josh Hawley) from a marathon day of questioning Judge Ketanji Brown Jackson on day two of her confirmation hearing.
Be sure to follow Rewire News Group on Twitter and Instagram as we continue to bring you expert analysis of this historic moment.
Rewire News Group is a nonprofit media organization, which means that Boom! Lawyered—especially emergency episodes like this one—is only made possible by the support of listeners like you! If you can, please join our team by donating here.
And sign up for The Fallout, a weekly newsletter written by Jess that’s exclusively dedicated to covering every aspect of this unprecedented moment.Be sure to follow Rewire News Group on Twitter and Instagram as we continue to bring you expert analysis of this historic moment.
Rewire News Group is a nonprofit media organization, which means that Boom! Lawyered—especially emergency episodes like this one—is only made possible by the support of listeners like you! If you can, please join our team by donating here.
And sign up for The Fallout, a weekly newsletter written by Jess that’s exclusively dedicated to covering every aspect of this unprecedented moment.
It's day one of Judge Ketanji Brown Jackson's confirmation hearing, yet conservatives aren't over the Brett Kavanaugh hearings—which occurred in 2018. We also got peek into all the bad-faith nonsense that they'll bring over the next two days of questioning (we're looking at you, Sens. Josh Hawley and Marsha Blackburn).
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Conservative lawmakers in Idaho and Missouri are trying to advance bills that would make it a felony to help another person leave the state to get an abortion or gender affirming care.
It’s a dangerous escalation in the attacks on reproductive health care, and Jess and Imani are here to walk you through it.
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Articles mentioned in the episode:
In this week's episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy break down the Court's decision to let Kentucky Attorney General Daniel Cameron reanimate the fight to enforce a state law banning the most common form of later abortion.
And while this case is about abortion on the surface, it's also about all that's lurking underneath—political power, ambition, and how conservative lawmakers use abortion as currency to spend in their own political careers—in the quest to upend democracy.
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To use a Biden-ism, "this is a big fucking deal!"
President Joe Biden officially announced Judge Ketanji Brown Jackson as his nominee to replace Justice Stephen Breyer on the Supreme Court.
Once confirmed, she'll be the first Black woman to sit on the highest court of the United States. Jackson would also be the first public defender on the Supreme Court, bringing a much-needed, long-overdue perspective to the bench.
In this rapid reaction episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy bring you everything you need to know about this historic moment. So get your celebratory treat of choice, and tune in with our experts.
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President Joe Biden has a chance to make good on his campaign promise to nominate the first Black woman to the Supreme Court—and it should be happening fairly soon!
In this week's episode of Boom! Lawyered, co-hosts Jessica Mason Pieklo and Imani Gandy break down the top names floating around to replace Justice Stephen Breyer on the bench: D.C. Circuit Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger (Jess' pick!), and South Carolina District Judge J. Michelle Childs.
With this nomination and impending confirmation fight, Biden has a lot to make up for—he egregiously mishandled the Clarence Thomas confirmation hearings three decades ago when he chaired the Senate Judiciary Committee and oversaw the proceedings.
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Articles mentioned in the episode:
Co-hosts Jessica Mason Pieklo and Imani Gandy explain how when it comes to the legal history of religious liberty in the United States, we've had a long and tumultuous past. And when it comes to religious freedom, it often means white, Christian supremacy. Fun!
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Articles mentioned in the episode:
You know that scene from The Office where Michael Scott is just shouting “It's happening, it's happening!” That's what's going on right now after news broke that Justice Stephen Breyer plans on retiring.
Let’s say that again: Justice Stephen Breyer is retiring.
In this emergency episode of Boom! Lawyered co-hosts Jessica Mason Pieklo and Imani Gandy break down what a Breyer retirement and vacancy on the bench means. With the Supreme Court scheduled to release opinions on Monday, Jess predicts we may see some smoke, some fire: "You know what it's like when you're done with something—you're done."
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This weekend we're approaching a big milestone for the abortion-loving community: the 49th anniversary of Roe v. Wade.
And with that comes an important question to consider: Will this be the last? Who’s to say! (We're not betting on it.) It also means anti-abortion groups are once again preparing to flood the streets of Washington, D.C., for the annual March for Life. And this year’s theme is "Equality begins in the womb." Seriously.
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In the final 2021 episode of Boom! Lawyered, hosts Jessica Mason Pieklo and Imani Gandy go off the rails on a truly off-the-rails year at the Court. And they're joined by a special guest! The producer behind the mic—the man we would save in the man-rapture: Marc Faletti.
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Articles mentioned in the episode:
On Friday morning, the Supreme Court issued its decisions in United States v. Texas and Whole Woman's Health v. Jackson.
In this special reaction episode of Boom! Lawyered, hosts Jessica Mason Pieklo and Imani Gandy break down the decisions and explain what they means for abortion access in Texas moving forward.
TL;DR: It's a disaster.
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What was it like getting ready for the biggest abortion case in decades?
Jenny Ma, a senior staff attorney at the Center for Reproductive Rights who was at the Supreme Court joins hosts Jessica Mason Pieklo and Imani Gandy for a behind-the-scenes perspective on everything Dobbs v. Jackson Women's Health Organization.
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It happened—the Supreme Court heard oral arguments in the biggest abortion case in decades, Dobbs v. Jackson Women's Health Organization, which could be the end of Roe v. Wade as we know it.
In this rapid reaction episode of Boom! Lawyered, hosts Jessica Mason Pieklo and Imani Gandy bring you all the legal analysis on the most important and surprising insights from the day.
Rewire News Group is a nonprofit media organization, which means that Boom! Lawyered is only made possible by the support of listeners like you! If you can, please join our team by donating https://rewirenewsgroup.com/donate.
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What’s the opposite of an advent calendar? Like, instead of opening a little gift every day leading up to a holiday, you get more bad abortion news while you anxiously wait for the Supreme Court to hear the first direct challenge to Roe v. Wade since the decision was passed down in 1973?
That’s where we’re at, folks. And as we close in on oral arguments in Dobbs v. Jackson Women’s Health Organization on December 1, you can join hosts Jessica Mason Pieklo and Imani Gandy to feel all your feelings before, during, and after the big day.
In this episode of Boom! Lawyered, Jess and Imani explain what you need to know about this landmark case—what it actually means that this is the first direct challenge to Roe, what it means for your rights, and what we already know about the fate of abortion access in a post-Roe world.
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Articles mentioned in the episode:
It’s been a while since we’ve talked about what a bad dude Justice Neil Gorsuch is, and if you'd forgotten, the abortion double feature at the Supreme Court a week ago was a good reminder.
Last Monday's two challenges to Texas SB 8 had some surprises and some predictable takes from the justices—Sonia Sotomayor and Elena Kagan were obviously not having it, and Amy Coney Barrett and Brett Kavanaugh surprisingly seemed a little itchy at the idea that SB 8's bounty provision could be used to limit other rights.
And Gorsuch? Well, he showed just how much he hates abortion.
In this week's Neil Gorsuch episode of Boom! Lawyered, hosts Jessica Mason Pieklo and Imani Gandy get into Trump's first Supreme Court appointee to the bench—his dissents, his associations (hello, Federalist Society!), and how his questioning during last week's proceedings could be a path to dismantling Roe v. Wade.
Rewire News Group is a nonprofit media organization, which means that Boom! Lawyered is only made possible by the support of listeners like you! If you can, please join our team by donating at https://rewirenewsgroup.com/donate/.
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Articles mentioned in the episode:
Rewire News Group is a nonprofit media organization, which means that Boom! Lawyered is only made possible by the support of listeners like you! If you can, please join our team by donating at https://rewirenewsgroup.com/donate/.
The Supreme Court today heard arguments in two cases challenging Texas SB 8, the unconstitutional near-total abortion ban: Whole Woman's Health v. Jackson, brought by Texas clinics, providers, and abortion funds, and United States v. Texas, brought by the Biden administration.
Jess and Imani break down all the legalese from the morning in this special reaction episode.
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Here’s a fun thing that wasn't on our 2021 bingo card: multiple abortion rights challenges at the Supreme Court. But that happened thanks to Texas!
The Supreme Court decided on Friday to hear two challenges to Texas SB 8, which restricts most abortions in the state after six weeks and puts a bounty in place for anyone who reports someone who helps someone else get an abortion. And they’re hearing the case on November 1—a week from today—like some "gut abortion" telethon.
Hosts Jessica Mason Pieklo and Imani Gandy make sense of what has arguably been the most chaotic week in abortion jurisprudence in a while.
Articles mentioned in the episode:
Rewire News Group is a nonprofit media organization, which means that Boom! Lawyered is only made possible by the support of listeners like you! If you can, please join our team by donating here: https://rewirenewsgroup.com/donate.
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Buckle up—we're taking you to Texas this week.
Hosts Jessica Mason Pieklo and Imani Gandy unpack the current state of abortion access in Texas (we’re using the word “access” loosely here.)
They break down what the courts have done over the last few months as cases challenging the law have ping-ponged between the federal district and circuit courts and the Supreme Court. The TL;DR: It's not great!
Mentioned in the episode:
Starting October 25, episodes of Boom! Lawyered will be released Monday afternoon.
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Get comfy—grab your law-nerd hats and a pillow to rage scream into, and join us for the season premiere episode of Boom! Lawyered.
Jess and Imani return to the mics for:
Articles mentioned in the podcast:
https://rewirenewsgroup.com/ablc/2021/09/30/panty-grab-how-evangelicals-are-rewriting-sexual-privacy-rights/
https://rewirenewsgroup.com/ablc/2021/09/20/the-forgotten-story-of-how-voting-rights-drive-abortion-access/
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Last night, the Supreme Court made it official: the brutal, blatantly unconstitutional Texas abortion ban is hunky-dory. Roe v. Wade? Not so much.
Is there any chance of the Texas ban still being overturned? Will other states pass copycat laws? Is there any hope of a federal bill enshrining abortion rights? On the latest episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy end an alarming week by peering into our very messy future.
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The Supreme Court just let a blatantly unconstitutional abortion ban take effect in Texas. They made this unprecedented and radical move on the “shadow docket,” which is a fancy way of saying they avoided any hearings or scrutiny of any kind. They haven’t even had to explain their reasoning.
Now, maybe they will eventually fix this. But maybe they won't. At best, this is a major warning shot at Roe v. Wade. At worst, it's a complete dismantlement of 50 years of abortion rights precedent via casual inaction. Either way, you can bet more bans like this are coming to a state near you. To make as much sense of the chaos as possible, Jessica Mason Pieklo and Imani Gandy hop on the mics for an emergency episode of Boom! Lawyered.
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Last week, the Supreme Court completed its business for this term. And by "its business" we mean "gutting the meager remaining protections for voting rights in the United States." Other highlights of their closing act include the Affordable Cart Act living to fight another day, some subtle groundwork being laid for legal religious discrimination, and a disappointing number of justices (ZERO) announcing their retirement.
On the last Boom! Lawyered before our own summer break, Jess and Imani break down the final crush of news from the Court and give the latest update on Dobbs v. Jackson Women's Health Organization. Barring any major breaking news, Boom! Lawyered will be back in September. If you want more Jess and Imani in the meantime, follow their Rewire News Group adventures on Twitter, Instagram, and Facebook!
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The Supreme Court handed down two big decisions today. First, the Court rejected an attempt by conservative attorneys general to declare the Affordable Care Act as unconstitutional. But don't get too comfortable, law nerds. There's more to this decision than meets the eye.
Then the Court declared that the city of Philadelphia must contract with a foster care agency that refuses to certify same-sex couples. What's even more shocking is that Justice Elena Kagan signed on. And so did Justice Stephen Breyer. And so did Justice Sonia Sotomayor!
What gives? How can all of Court's liberal justices have signed onto this requirement to certify an agency that discriminates? Well, on this rapid reaction episode of Boom! Lawyered, Jess and Imani have some answers. And what those answers say about the state of case law protecting so-called "religious freedom" is as fascinating as it is alarming.
Boom! Lawyered is a part of Rewire News Group, a nonprofit media organization. That means we rely on supporters like you to help make our show possible. And right now, we're running an amazing campaign—if you donate here today, a generous supporter will match your gift!
Heads up! If you can help us reach our fundraising goal at https://rewirenewsgroup.com/donate/, Jess and Imani will film the wildest and smashiest live event in Rewire News Group history next week! Check out that donate page for more info.
***
Lubbock, Texas, passed a “sanctuary city for the unborn” ordinance, a so-called heartbeat ban that would ban abortion at around six weeks. The ban would allow anyone to sue to enforce the ban—and not just anyone in Lubbock or Texas. Anyone in the country could decide to sue a Lubbock abortion provider. Or a few thousand people could decide to sue one of those providers at once.
The law can't take effect for now, thank goodness, but that could change.
Planned Parenthood, which provides abortions in Lubbock, challenged the constitutionality of the ordinance in federal court. But in a shocking decision, the court dismissed the case. And the logic used to justify the decision should alarm anyone concerned about abortion rights. Because the Lubbock ban isn't the only one with this terrible clause—the statewide Texas ban, which is also currently unenforceable, would also allow for private enforcement of their ban should it ever take effect.
On this episode of Boom! Lawyered, Jess and Imani dissect the impact of this shocking decision. They also give their weekly update on the latest developments in Dobbs v. Jackson Women's Health Organization, the direct challenge to Roe v. Wade that the Supreme Court is expected to hear in the fall.
This direct challenge to Roe v. Wade didn't reach the Supreme Court by accident. It was the culmination of a detailed plan that was hiding in plain sight.
Actually, that doesn't do it justice—the deep-pocketed anti-choice movement was begging everyone years ago to listen to exactly how it planned to obliterate abortion rights: by passing a 15-week abortion ban in Mississippi and defending it all the way to a revamped Supreme Court.
On this episode of Boom! Lawyered, Jess and Imani take us inside that plan to either end Roe or make it "totally irrelevant," and they explain how it's snaked its way to the precipice of victory.
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The Supreme Court announced today it would be taking up a case that could completely upend abortion rights.
Back in 2018, Mississippi passed a law that banned abortion at 15 weeks. It was struck down at the district level. Then the Fifth Circuit Court of Appeals, a notoriously conservative appeals court, struck it down, citing the clear precedent of Roe v. Wade and Planned Parenthood v. Casey. And if the Supreme Court agreed that this was obviously unconstitutional, they could have easily just refused to take the case.
But they finally took the case.
On this emergency episode of Boom! Lawyered, Jess and Imani explore what today's news portends for abortion in America and when we can expect this all to come to a head. They are also joined by special guest Hillary Schneller, the lead attorney on the case from the Center for Reproductive Rights, who explains how this case could determine the extent of the government's ability to mess with our fundamental rights.
RAGA is the Republican Attorneys General Association. It's essentially what it sounds like—a bunch of Republican attorneys general whose goal is to get other Republican attorneys general elected to office. Seems (relatively) normal, right?
Well, it would be, except the group has gone completely off the deep end. On top of a lot of their members fighting to overturn the 2020 election, there are disturbing connections between RAGA and the insurrection at the Capitol in January.
On this episode of Boom! Lawyered, Jess and Imani take us into the smoky back-room world of RAGA to give us an inside look at their half-alarming, half-embarrassing schemes and the creeps behind them.
Fact #1: Everyone agrees—Mississippi’s lawyers included—that no fetus is viable at 15 weeks.
Fact #2: Mississippi passed an abortion ban that takes effect at 15 weeks.
Fact #3: Pre-viability abortion bans have been ruled unconstitutional.
Combined, these three facts mean that courts should have no trouble striking down Mississippi's ban. And yet! Arguments over that ban have made it all the way to the Supreme Court, where justices have conferenced on whether to hear the case almost twenty times. What gives?
On this episode of Boom! Lawyered, Imani and Jess try to get inside the heads of the justices to make sense of what's going on—and whether all of their indecision could be resolved with the right self-care routine.
On Wednesday, the Supreme Court heard arguments in a case involving a former high school student who posted a photo of herself and a friend on Snapchat with their middle fingers raised. The caption read, “fuck school fuck softball fuck cheer fuck everything.” Have you fainted in outrage yet?
Brandi Levy was a freshman at a Pennsylvania high school when she tried out for the varsity cheerleading team. She didn’t make it, and ended up on the JV squad. She probably wasn't happy about that and posted the Snapchat in question. The cheerleading coaches caught wind of it and suspended her from cheerleading for a year.
In response, Levy's father filed a lawsuit with the help of the ACLU, alleging that the school had violated his daughter’s First Amendment rights. And now this case may decide some major questions about the rights of minors like:
On this episode of Boom! Lawyered, Jess and Imani wade into all of this and more. Gooooo team!
Just when you thought lawmakers couldn't stoop any lower to attack trans kids, Texas state senators took it to a new level with the introduction of a bill that would prohibit parents from "administering or supplying, or consenting to or assisting in the administering or supplying of puberty suppression prescription drug or cross-sex hormone to a child, other than an intersex child, for the purpose of gender transitioning or gender reassignment." And if parents don't comply, the state could take their child. Seriously!
This follows on the heels of other anti-trans bills in Arkansas and North Carolina. Fortunately, Jess and Imani are here to explain everything you need to know about what's happening and what can be done about it.
Boom! Lawyered is created by Rewire News Group. We're a nonprofit media outlet, and that means your contributions are essential to funding our work. So if you enjoy Boom! Lawyered, please consider donating here: https://rewirenewsgroup.com/boomgive
Jess and Imani explain three of the most alarming pieces of legislation introduced anywhere in the United States:
-The voter suppression legislation in Georgia, which might be even more outrageous than most folks realize.
-A new abortion ban in Texas, which goes even farther than your typical effort to criminalize health care.
-The anti-trans bill in Arkansas, which is poised to take effect despite a veto from Governor Asa Hutchinson.
Can somebody stop this ride? We'd like to get out now.
Boom! Lawyered is made by Rewire News Group, a nonprofit media org. That means your support plays a huge role in making the show possible. If you can, please donate at https://rewirenewsgroup/boomgive
President Joe Biden's recent slate of judicial nominees are more than a breath of fresh air—they represent a serious step forward in building a more just legal system. And we need good judges now more than ever because state legislatures around the country are trying to pass some terrible laws. For example, an alarming new bill in Arkansas could strip trans kids of necessary health care.
Meanwhile, the Kentucky Attorney General Daniel Cameron has more anti-choice shenanigans up his sleeve. What is his procedural maneuver, and will it work? Jessica Mason Pieklo and Imani Gandy break down all of this and more on Boom! Lawyered.
If you enjoy Boom! Lawyered, please consider supporting us! We're a media nonprofit so your donations are essential to making this podcast possible. https://rewirenewsgroup.com/boomgive
On this episode of Boom! Lawyered, Imani and Jess talk about the increasing violence against the Asian American and Pacific Islander (AAPI) community, the importance of allyship in its wake, and how racist stereotypes against the AAPI community are also fueling new anti-choice legislation. In a bit of good news, the Biden administration's getting serious about new judicial nominees and the candidates being vetted should inspire hope.
Rewire News Group is a nonprofit media organization, and that means Boom! Lawyered is funded in no small part by listeners like you. If you can, please support us at https://rewirenewsgroup.com/boomgive.
Arkansas Gov. Asa Hutchinson signed a bill Tuesday that would ban all abortions in the state except those deemed a “medical emergency.” If it takes effect in August as planned, it'll be the most restrictive abortion ban in the country. Fortunately, legal challenges should be on the way. But is that what they want?
In better news, the COVID-19 stimulus package has a lot of health-care goodies in it, and the Biden administration is out to undo Betsy DeVos' damage to campus sexual assault protections when she was the education secretary. Jessica Mason Pieklo and Imani Gandy cover all of this and more on this episode of Boom! Lawyered.
Rewire News Group is a nonprofit, which means listeners like you make Boom! Lawyered possible. If you can, support us at https://rewirenewsgroup.com/boomgive!
One year ago today, Jess Pieklo and Imani Gandy were on the steps of the Supreme Court for the oral arguments in June Medical Services v. Russo. Since then, everyone's lives—and the Supreme Court itself—have been turned completely upside down. On this episode of Boom! Lawyered, Jess and Imani reflect on everything that's changed and what lies ahead.
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Justice Clarence Thomas has gone full election truther. And if that's not enough to make you sweat, the most conservative Supreme Court of our lifetimes just took on its first abortion rights case of 2021. Oh, and a Virginia school district is going back to court because apparently they're that desperate to discriminate against trans kids. On this episode of Boom! Lawyered, Jessica Mason Pieklo and Imany Gandy explain how progressives are fighting back on all of these fronts.
Rewire News Group is a nonprofit media org, and that means we rely on support from listeners like you to make Boom! Lawyered. If you can, please consider helping us produce this show by donating here!
The impeachment trial was going so well! Alas, the Democrats managed to tie themselves into knots and fumble away the narrative. But all is not lost, thanks to a creative lawsuit that invokes the Ku Klux Klan Act of 1871. Meanwhile, the Biden administration took some bold steps to rescue the Affordable Care Act from a Supreme Court disaster while 30 (!) states are gearing up to attack abortion rights and trans kids. So it's all a bit of a roller-coaster. On this episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo will help you try and hang on.
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This week, the nation reckoned with Alexandria Ocasio-Cortez's terrifying account of the insurrection at the Capitol. Democrats also discussed plans to un-bleep the courts, but will they go far enough? And the Department of Justice signaled a major sea-change on immigration. Imani Gandy and Jessica Mason Pieklo help you make sense of all of these topics and more in this latest episode of Boom! Lawyered. Listen now!
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The filibuster was created by accident. Now, it's one of the most controversial and crucial components of our clunky mess of a government. But is it a good thing or a bad thing? On this episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy dig into whether the filibuster helps or hurts progressives in the long run, how to work around it, and whether those workarounds offer any path to stronger abortion protections.
If you'd like to support Boom! Lawyered, please do so at https://rewirenewsgroup.com/boomgive.
On day one of his White House term, President Joe Biden made big moves to protect LGBTQ and undocumented folks, called out the dangers of white supremacy, and more. It was a helluva start! But there was one minor kerfuffle at the end of the day. On this episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo break down the moments to celebrate and explain why Biden and his surrogates should unapologetically proclaim their support for abortion access.
To support Boom! Lawyered, please donate at https://rewirenewsgroup.com/boomgive.
Last week, President-elect Joe Biden announced his key nominees for the Department of Justice. And those nominees—Merrick Garland, Vanita Gupta, and Kristen Clarke—talked a big game about dismantling fascism and advancing progressive justice. It was exciting stuff! But who exactly are these folks? Can we trust them to back up their words with actions? And what can we expect from them regarding the safety of abortion clinics, providers, and patients?
Our Boom! Lawyered podcast has returned in the new year with Imani Gandy and Jessica Mason Pieklo, and they'll answer those questions and more.
If you'd like to support Boom! Lawyered, please do so at https://rewirenewsgroup.com/boomgive.
Welcome to the re-release of We’ll Hear Arguments, a mini-series from the Boom! Lawyered team that dives into the dramatic arguments of the most important Supreme Court cases in history.
To honor the absurd shenanigans of the Roe v. Wade arguments, we complete our mini-series with a reality tv-style reunion episode that will leave you with all the feels.
Welcome to the re-release of We’ll Hear Arguments, a mini-series from the Boom! Lawyered team that dives into the dramatic arguments of the most important Supreme Court cases in history.
When is a case not a case? When the plaintiff doesn't have a right to sue! And would you believe that Texas tried to argue that Jane Roe didn't even have a right to be in court? Buckle up for episode three of our five-part roller coaster on the grandmama of all abortion cases.
Welcome to the re-release of We’ll Hear Arguments, a mini-series from the Boom! Lawyered team that dives into the dramatic arguments of the most important Supreme Court cases in history.
Our third episode on Roe v. Wade puts the ol’ magnifying glass on a simple but messy question: what gives a state the right to regulate what kind of medicine someone accesses?
Welcome to the re-release of We’ll Hear Arguments, a mini-series from the Boom! Lawyered team that dives into the dramatic arguments of the most important Supreme Court cases in history.
Today, our two legal heroines embark on part 2 of their five-part dive into Roe v. Wade to answer the age old question: what's more important, a living pregnant person or a group of cells that exist inside them? It’s a real head-scratcher!
Welcome to the re-release of We’ll Hear Arguments, a mini-series from the Boom! Lawyered team that dives into the dramatic arguments of the most important Supreme Court cases in history.
You see, our greatest courtroom dramas aren’t streaming on Netflix or Hulu or even HBOMax! They happened in the hallowed halls of the U.S. Supreme Court. And We’ll Hear Arguments breaks down all the juiciest, most consequential, and most batshit moments.
This series launched as a separate podcast series in early 2020. But now that Boom! Lawyered has grown so much as a community, we thought it made sense to unite the shows into one giant, unstoppable podcast feed. We’ll add an episode each day from January 4 through January 9.
So which case did we tackle Here at Rewire News Group, we like to think of ourselves as your one stop shop for all things abortion. So, naturally, our first season of We’ll Hear Arguments is a tribute to the case that started it all. Maybe you’ve heard of it? That’s right folks—we’re talking about Roe v. Wade.
Episode 1, aptly titled “Being Born Kind of Matters” kicks off with a rousing discussion about the fight at the heart of Roe: a Texas law prohibiting abortion. And if you’re like, hey that sounds… familiar, well, that’s probably because in the 30 plus years since Roe was decided, conservatives have tried to pass countless new laws that do exactly that. At the heart of this case was the matter of personhood—another issue that continues to rear its ugly head (a head that weirdly looks a lot like Amy Coney Barrett these days, but we digress.)
Last year, we made a thing we love: a mini-series all about the surprisingly dramatic Supreme Court arguments of Roe v. Wade.
The show is called We’ll Hear Arguments, and we originally released it as its own podcast. But now that the Boom! Lawyered community has grown so much, we decided to re-release it here and unite the feeds.
If you’ve never heard We’ll Hear Arguments, check out this trailer! And if you’ve listened before, take a trip down memory lane with us, back to a time when people could actually meet in the same recording studio and make something special…
We have a big end-of-year campaign underway, and your generous donations make our podcast possible! If you can, please support Boom! Lawyered at https://rewirenewsgroup.com/give2020.
Donald Trump spent his entire presidency mangling the courts and the law, and Rewire News Group's Jessica Mason Pieklo and Imani Gandy covered every major moment of it. But the last four years weren't all bad! A few rays of hope managed to escape from the darkness, and they're worth celebrating, too. In this final Boom! Lawyered episode of 2020, Jess and Imani reflect on their best, worst, and most shocking memories of an unforgettable era in the American legal system
The Supreme Court heard oral arguments today in a case that could ultimately decide if the Trump administration can rig the census by excluding undocumented people. On this episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo recap today's events and break down everything you need to know about this latest battle in the right to be counted as a person.
Today, the Supreme Court heard oral arguments in a case that threatens to finally do what conservatives have spent the last ten years failing at: striking down the Affordable Care Act. On this episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy break down the key battles and what they portend for the future of our health-care system.
If you’d like to support Boom! Lawyered, please do so here: https://rewirenewsgroup.com/boomgive
Today, the Supreme Court heard arguments in Fulton v. City of Philadelphia—a key case in the conservative strategy to dismantle laws that protect LGBTQ people. At the core of the case is a chilling question: Under the guise of "religious freedom," does the Constitution mandate government discrimination? On this episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo break down the arguments and what they portend for the future of LGBTQ rights in the United States.
If you'd like to support Boom! Lawyered, please do so at https://rewirenewsgroup.com/boomgive.
Amy Coney Barrett was confirmed to the Supreme Court on Monday evening. Imani Gandy and Jessica Mason Pieklo use her first day on the job to take stock of her wildly inappropriate appearance with Trump last night during her swearing-in ceremony, the effectiveness (or lack thereof?) of Senate opposition, and how the mainstream media handled itself during this unprecedented power-grab.
Rewire News Group has been covering Barrett's nomination and confirmation every step of the way. Check out our full coverage here.
And if you'd like to support Boom! Lawyered, please do so at https://rewirenewsgroup.com/boomgive.
It's official. With the confirmation of Amy Coney Barrett to the Supreme Court today, conservatives now have a 6-3 majority and a death-grip on the institution and the law. But as grim as things seem, all is not lost. On this special episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy explain how Barrett's appointment will impact our rights immediately and what progressives can do to fight back.
If you'd like to support Boom! Lawyered, please visit: https://rewirenewsgroup.com/boomgive
Jessica Mason Pieklo and Imani Gandy recap the third day of Amy Coney Barrett's Supreme Court confirmation hearing.
On Wednesday, Barrett flubbed the basics of the First Amendment, refused to denounce poll taxes, and couldn't confirm that a right to privacy exists. Oh, and Sen. Lindsey Graham (R-S.C.) seemed nostalgic about segregation? Join Jess and Imani as they wade through it all on our final podcast of the week (barring yet another huge surprise!).
If you'd like to support Boom! Lawyered, please do so here.
Jessica Mason Pieklo and Imani Gandy recap the second day of Amy Coney Barrett's Supreme Court confirmation process.
On Tuesday, she refused to answer a lot of questions but still managed to make some pretty wild statements on health care, the LGBTQ community, and more. How did senators respond to them? And is any kind of meaningful opposition strategy emerging from the Democrats? Find out all of that and more!
If you'd like to support Boom! Lawyered, please do so here.
Amy Coney Barrett's Supreme Court confirmation process is officially underway. On Monday, we heard opening statements first from members of the Senate Judiciary Committee and then Barrett—and the day was almost too normal. Did Democrats do themselves a disservice by playing along? Did Barrett acknowledge any of the outrageous circumstances of her nomination? And what's next in the wild week ahead? Jessica Mason Pieklo and Imani Gandy recap all of that and more on the first of Boom! Lawyered's daily recaps of these hearings.
If you'd like to support Boom! Lawyered, please do so here.
As Boom! Lawyered returns for its fifth season, #TeamLegal has come to the inexorable conclusion that it's time to expand the courts. But is there a non-messy way to do that? How much math has to be involved? And what can be done about the conservative radicalization of the lower courts? Jessica Mason Pieklo and Imani Gandy dive into all of that and more.
If you'd like to support Boom! Lawyered, please visit: https://rewirenewsgroup.com/boomgive
Trump's newest Supreme Court nominee, Amy Coney Barrett, has challenged marriage equality, opposed abortion rights, misgendered transgender people, and so much more. How likely is she to join the Court? And what's being done to block her nomination? #TeamLegal experts Imani Gandy and Jessica Mason Pieklo walk you through of that and more on this special episode of Boom! Lawyered.
If you'd like to support Boom! Lawyered please do so at: https://rewirenewsgroup.com/boomgive
Employers who love to wield religious freedom as a cudgel scored a couple big wins at the U.S. Supreme Court today, including a decision allowing employers to meddle with the birth control of their employees based on "conscientious objections." Jess and Imani explain what happened and whether there's any logic to this expansion of your employer's power over your health-care decisions.
If you'd like to support Boom! Lawyered, please do so at https://rewire.news/boomgive or text "BOOMGIVE" to 44-321.
Julie Rikelman of the Center for Reproductive Rights did the unthinkable in 2020: As the lead attorney representing June Medical in June Medical Services v. Russo, she convinced Chief Justice John Roberts to sign onto a decision protecting abortion rights! She joins Jessica Mason Pieklo and Imani Gandy to discuss what it's like to argue before the Supreme Court, to try and get some sleep the night before, and to call your client to deliver news of the win.
If you'd like to support Boom! Lawyered, please do so at https://rewire.news/boomgive or text "BOOMGIVE" to 44-321. Your support makes this show possible!
The June Medical Services v. Russo decision is in, and it's 5-4 in favor of the very obvious truth: Whole Woman's Health v. Hellerstedt already decided this shit. Chief Justice John Roberts is forced to concur, but his dissent lays out a troubling roadmap for the next round of anti-choice restrictions. Jess and Imani explain all of this and more.
And on Tuesday June 30 at 11am ET, join Jess and Imani for an Instagram Live discussion of the case at https://www.instagram.com/rewire.news — tell your friends!
If you'd like to support Boom! Lawyered, please do so at https://rewire.news/boomgive or text "BOOMGIVE" to 44-321.
For the second time in a week, the Supreme Court came down on the side of justice! On Thursday morning, it blocked the Trump administration's efforts to rescind DACA in a 5-4 decision. In this episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy explain the decision, how Justice Sotomayor added an extra dollop of truth, and whether Trump has any hope of finding a workaround.
If you'd like to support Boom! Lawyered, join us at https://rewire.news/boomgive or text "BOOMGIVE" to 44-321.
A big Supreme Court decision just arrived, and it's comprehensively awesome. In a 6-3 ruling, the Court confirmed that "an employer who fires an individual merely for being gay or transgender defies the law." In this emergency episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo react to the decision—written by Neil Gorsuch, of all people—and the extremely salty dissent.
If you'd like to support Boom! Lawyered, please donate at https://rewire.news/boomgive or text "BOOMGIVE" to 44-321.
Racism is baked into the U.S. model of policing. More and more people are starting to believe that no amount of "reform" will help; a full tear-down is required. But what does "defunding the police" actually mean? What would happen to people who need to report a crime? And are we sure the police have ever actually been effective at any of the services they're supposed to provide? Imani Gandy and Jessica Mason Pieklo dive into those questions and more on the latest episode of Boom! Lawyered.
Support Boom! Lawyered at https://rewire.news/boomgive — or by texting "BOOMGIVE" to 44-321.
Gavin Grimm has been challenging a policy at his former high school that requires transgender students to use separate bathroom facilities. On Tuesday, the case landed in federal appeals court. Jess and Imani break down the arguments and explain why the school's pleas to keep discriminating are so horribly misguided.
If you'd like to support Boom! Lawyered, text "BOOMGIVE" to 44-321 or go to https://rewire.news/boomgive today!
The Daily Beast just reported that the upcoming FX documentary AKA Jane Roe reveals that Norma McCorvey, aka "Jane Roe" of Roe v. Wade, admitted on film that her anti-choice conversion was "all an act." On this emergency episode of Boom! Lawyered, Jess and Imani react to the shocking news and what it means for the abortion rights fight ahead.
For more on Roe v. Wade, check out #TeamLegal's other podcast series, We'll Hear Arguments: https://rewire.news/arguments
If you'd like to support Boom! Lawyered, please do so at https://rewire.news/boomgive
On April 27, Arkansas officials issued a directive requiring anyone seeking elective surgery to obtain a negative COVID-19 test 48 hours prior to an abortion. Can you guess which elective procedure those officials were primarily targeting? Yep, that's right: procedural abortion.
Advocates almost immediately sued on behalf of three patients who needed an abortion, hadn’t been able to get a COVID-19 test, and were closing in on the deadline imposed by Arkansas' 20-week abortion ban. According to the lawsuit, Little Rock Family Planning Services had contacted more than 15 testing locations but couldn’t find a single place that would test asymptomatic people. Now the courts have weighed in, and it's a hot mess.
On this episode of Boom! Lawyered, Imani Gandy and Jessica Mason Pieklo explain everything happening in Arkansas and ask: Why can people go to the orthodontist without a test—but not the abortion provider?
Support Jess, Imani, and Boom! Lawyered at: https://rewire.news/boomgive
Believe it or not, the U.S. Supreme Court is still hearing cases on the birth control benefit! Jess and Imani hop on the mics after Wednesday's arguments to break down everything you need to know, including:
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On Wednesday, the Supreme Court will hear arguments in two consolidated cases that could kill off the birth control benefit for good. Jess and Imani preview everything you need to know.
If you'd like to support Boom! Lawyered, please visit: https://rewire.news/boomgive
The landscape of abortion access is shifting rapidly, and it feels something new is happening every day. Which states are trying to use COVID-19 to try and ban abortion? How are the courts responding? It’s almost impossible to keep up. Fortunately, Jess and Imani are here to bring us up to speed on the latest developments in Texas, Ohio, Alabama, Indiana, Iowa, Louisiana, Arkansas, Tennessee, and the rest of the country.
You can support Boom! Lawyered at https://rewire.news/boomgive today!
Do you know who's not staying home during the COVID-19 pandemic? Abortion clinic protesters. In this episode, Jess and Imani lay waste to the claim that protesting an abortion clinic during a global pandemic is an "essential service" and discuss whether the courts will look the other way, anyway.
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On March 31, the Fifth Circuit Court of Appeals allowed Texas lawmakers to exploit the COVID-19 outbreak to ban abortion services—effective immediately. Imani Gandy and Jessica Mason Pieklo hop on the mic to discuss what happened, what this means, and what's likely to happen next in Texas and around the country.
Want to support Boom! Lawyered? Help us here!
The coronavirus crisis has forced the U.S. Supreme Court to hit pause. What will happen to cases that have been argued, like June Medical Services v. Russo? What will happen to other important cases yet to be argued? And how concerned should we be for Justice Ruth Bader Ginsburg? Imani and Jess discuss these questions and more on the latest episode of Boom! Lawyered.
If you'd like to support our show, please donate here!
Eleven towns in East Texas recently declared themselves "sanctuary cities for the unborn." Seriously. Jess and Imani explain why this ridiculous idea might be the first step of a scary new strategy from the anti-choice movement.
Jess was inside the Supreme Court for arguments in June Medical Services v. Russo. Then she literally ran across the street to record this podcast with Imani to bring the rest of us up to speed on the most important and surprising moments of the day.
On March 4th, the Supreme Court will hear the first major abortion rights case since Brett Kavanaugh joined the bench. Jess and Imani preview what's at stake and explain the sleeper issue that could upend abortion rights law as we know it.
ALERT: Our new series We'll Hear Arguments comes out on 2/25! Subscribe here for the coolest breakdown of Roe v. Wade ever:
Now back to our regular programming: An alarming new bill in Indiana asserts that life begins at conception, and federal laws that “fail to protect a person’s inalienable right to life” are null and void in the Hoosier State. In other words, anti-choice lawmakers claim that the Constitution is null and void in Indiana—and their counterparts in other states could soon follow suit. On this episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy explain the latest fad in anti-choice legislation and whether it could actually hold up in court.
We have some big news for Boom! Lawyered subscribers: Jess and Imani are launching a second podcast series on February 25th! It's not available yet, but we wanted to give our listeners a special preview...
The new show is called We'll Hear Arguments, and it explores the dramatic, inspiring, and infuriating arguments of Roe v. Wade from 1971 and 1972.
This journey into the past is extremely relevant to the present as the Supreme Court prepares to take its first crack at decimating Roe in March. So we hope you’ll join us for our five-part series when it launches.
Stay tuned for links to the new feed and more! And don’t worry, B!L will still be going strong as we cover current news and events around the courts and our rights, as well.
Federalist Society heavyweight Leonard Leo is one of the primary architects of the conservative takeover of the federal courts. Now, he's got a new dark money project that could cement that takeover for a generation or more. Imani and Jess explain Leo's new plan and just how scary things could get if it works.
Reason bans! D&E bans! Pre-viability bans! TRAP laws! And a landmark Supreme Court case.
2020 is shaping up to be a wild ride for abortion rights in the United States. In our final Boom! Lawyered episode of 2019, Imani and Jess map out everything worth following in the year ahead.
Today, the Supreme Court declined an appeal challenging a Kentucky law that forces doctors to show and describe ultrasound images before performing an abortion—even if patients avert their eyes or ask the doctor to stop. In this emergency episode, Jess and Imani explain what this means for the First Amendment and abortion rights in Kentucky and around the country.
June Medical Services v. Gee could upend over four decades of abortion rights precedent when the case goes before the U.S. Supreme Court in March. That's because, as part of their decision, the justices will rule on whether abortion providers can sue on behalf of their patients. Imani and Jess explain why this is a big deal and how the Court is likely to decide.
Have you ever wondered what would happen if someone tried to perform an abortion while committing arson or burglary? Ohio lawmakers have, and they've proposed a massive new ban to deal with that hypothetical—and a whole lot more. Jess and Imani break down a 723-page bill that will leave your jaw on the floor.
When is a ban not a ban? When it's a deadline! Imani and Jess dive into the absurd arguments that Arkansas is making in the hopes that its pre-viability abortion ban will stick. Will the courts buy these new claims? Are other states following suit? B!L answers those questions and more.
Imani and Jess debunk the latest frontier in junk science: "abortion reversal." As more states pass laws forcing doctors to promote this myth, the courts continue to step in and block them. But if more people don't recognize the bad-faith claims underlying "abortion reversal," that could change—and sooner than we might think.
During recent Supreme Court arguments about trans rights under Title VII of the Civil Rights Act, one of the justices appeared to buy into the idea of "bathroom panic." That may not seem surprising—except that the justice in question was Sonia Sotomayor. Imani and Jess explain what happened, where Justice Sotomayor went wrong, and why "bathroom panic" arguments don't hold up under scrutiny.
There's only one abortion clinic left in Kentucky, and by law its doctors must place ultrasound images in the patient’s view and read a state-mandated script. Recently, the ACLU filed a petition on behalf of the clinic asking the Supreme Court to step in. Imani and Jess explain the forced ultrasound law, its harms, and how the Roberts Court could protect—or devastate—the free speech rights of providers if they take the case.
This morning, the Supreme Court heard arguments in the three cases that will ultimately decide whether Title VII of the Civil Rights Act protects gay and trans employees from employment discrimination. Jess attended the arguments and then joined Imani for a breakdown of the most important moments. Jess then interviews Claudia Trevor-Wright about the experience of being arrested during Court-related protest actions.
Friday morning, the Supreme Court announced it was taking June Medical Services v. Gee. In this emergency episode of Boom! Lawyered, Jessica Mason Pieklo and Imani Gandy discuss why this is a direct threat to reproductive rights and the value of legal precedent.
For more, please read:
Supreme Court Takes First Abortion Rights Case With Kavanaugh on the Bench
On October 8, the Supreme Court will hear arguments in a trio of cases to determine whether sexual orientation discrimination is sex discrimination and thus prevented under Title VII of the Civil Rights Act. Jess and Imani explain these landmark cases and what to expect from the day of arguments next week.
The first full Supreme Court term featuring Brett Kavanaugh is less than a week away. Jess and Imani preview the important abortion rights cases to keep an eye on and everything that hangs in the balance.
For all the latest updates on these cases and more, visit Rewire.News.
The last couple years have been a wild ride, to say the least. Boom! Lawyered celebrates our two-year anniversary by looking ahead to the next two years. What's in store for reproductive rights, LGBTQ equality, and the integrity of the Supreme Court? Jess and Imani offer their predictions—and a ray of hope.
In Chicago, no one within 50 feet of an abortion clinic is allowed to get closer than eight feet to another person. Anti-choice groups have challenged this "bubble zone" ordinance, and the Supreme Court is about to decide whether to hear them out. Jess and Imani explain what's at stake for clinics, providers, and patients in Chicago and around the country if John Roberts and friends take the case.
For more, watch the Rewire.News original documentary, "Care in Chaos."
The Department of Labor has proposed a rule that could gut civil rights protections for the employees of more than 42,000 businesses that hold a federal contract. Imani and Jess explain the rule, its impact, and why former Supreme Court Justice Antonin Scalia might roll over in his grave if he knew his son could be tasked with enforcing it.
Anyone can comment on this law here.
This week, a federal court blocked Missouri’s multi-week gestational ban. But did you know that another restriction banning abortions based on the race, sex, or Down syndrome diagnosis of a fetus was allowed to take effect? Jess and Imani explain the faulty logic of these bans and how this decision paves the way for more trouble down the road.
Planned Parenthood recently announced it will withdraw from the federal family planning program known as Title X because of President Donald Trump’s domestic "gag rule." Imani and Jess explain this crisis and how Supreme Court Chief Justice John Roberts helped lay the foundation for it.
Shameless Tennessee lawmakers are trying to redefine fetal viability in a way that makes no medical sense and is designed as a direct attack on Roe v. Wade. Jess and Imani explain what makes this bill a dangerous escalation in the decades-long crusade to overturn Roe.
Recently, the ultra-conservative 8th Circuit Court of Appeals reinstated an involuntary manslaughter charge against a Native woman from Sisseton, South Dakota. That charge is based on allegations that she ingested illegal drugs while pregnant, resulting in the death of her newborn. Jess and Imani explain why this decision is an alarming escalation of the anti-choice efforts to establish fetal personhood and punish people for their pregnancy outcomes.
It's no secret that Imani and Jess are as close as they are smart. But what secrets have they kept from each other? And what secrets have they kept from us? All is revealed on this special episode of Boom! Lawyered.
SisterSong v. Kemp may be the first major lawsuit centering the reality that attacks on access to abortion care disproportionately harm communities of color. Imani and Jess explain the case and how it could introduce the concept of reproductive justice to the Supreme Court.
Last week, a Department of Justice lawyer stunned the Ninth Circuit Court of Appeals when she argued that it is “safe and sanitary” to confine immigrant children for indefinite periods of time without basic needs like soap or toothbrushes. Jess and Imani explain the legal framework meant to protect these children and how the Trump administration intends to dismantle it.
Last week, the Ninth Circuit Court of Appeals ruled that policies targeting transgender people are sex-based discrimination that must meet heightened scrutiny to be constitutional. This is a big deal! Imani and Jess evaluate this important—but qualified—win for transgender rights and what it means for those rights in the future.
The fight over the Trump administration’s questionable efforts to add a citizenship question to the census has reached the Supreme Court, and a decision looms. Jess and Imani explain the case and how a bad decision could cement inequality for generations.
Jess sits down with Oregon Attorney General Ellen Rosenblum to discuss the challenges facing progressive attorneys general in the era of Trump and how they are fighting back against his administration.
This week, the Supreme Court ruled that a provision of an Indiana law mandating the burial or cremation of fetal remains could take effect. At the same time, it blocked a separate provision of the Indiana law banning abortions based on the race, sex, or disability of a fetus. Imani and Jess explain Tuesday’s decision, Justice Clarence Thomas’s opinion equating modern-day family planning with eugenics, and signals from the Court’s conservatives that access to birth control is in their crosshairs.
Conservative lawmakers are passing total and near-total abortion bans with the explicit hope that they will be used to overturn Roe v. Wade. But how would that work, exactly? Imani and Jess explain the arguments that would fuel a legal challenge to Roe and how a bad decision could then be used to attack state laws protecting abortion rights.
Download Imani's highlighted copy of the Roe v. Wade decision. To see the highlights, use Adobe Acrobat on a computer or a PDF app on your phone.
Franchise Board of California v. Hyatt may not be the most important case of the Supreme Court term, but the fallout from the Court's decision to overturn decades of precedent could have major ramifications for Roe v. Wade. In fact, Justice Stephen Breyer sounded the alarm himself in his dissenting opinion. In this episode of Boom! Lawyered, Imani and Jess explain what happened and what it could mean for abortion rights, marriage equality, and more.
The near-total ban on abortion recently passed in Georgia contrasts sharply with the landmark decision in Kansas that declared abortion a natural right. Jess and Imani explore which of those paths other states are likely to follow and the main reason there's still hope for abortion rights in America.
The Supreme Court announced this week that it will hear three cases that could determine what, if any, protections LGBTQ employees have from job discrimination. Jess and Imani explain what it means that the Court agreed to hear all three cases together and how the effects of a bad ruling could extend into housing and health-care discrimination.
Imani and Jess discuss the case of Jamal Knox, a young rapper who was convicted for terroristic threats and witness intimidation based on the lyrics of his music. When are words “true threats,” and when are they protected free speech? And why do most court cases on speech seem to be decided in whichever direction benefits white Christian patriarchy?
The Supreme Court will soon decide whether to take a case that would give school districts the ability to affirmatively discriminate against transgender students. Jess and Imani explain how a bad decision in this case could enshrine the bogus concept of "reverse discrimination" into law, putting even more rights—and lives—at risk.
In a new filing this week, President Donald Trump's Justice Department declared that it wants the courts to strike down the entirety of the Affordable Care Act as unconstitutional. This comes on the heels of a recent district court decision making the same argument by U.S. District Court Judge and noted malcontent Reed O'Connor. Jess and Imani explain this new strategy, the legal errors underpinning it, and its odds of success in the Era of Kavanaugh.
Jess and Imani answer listener questions across a range of important issues. Where can we find hope for the future of reproductive rights? How soon will people feel the impact of so many recent ultra-conservative judges appointed to the lower courts? And what beverage pairs well with a delicious criminal indictment?
Ryan Magers is suing the Alabama Women's Center for wrongful death because his girlfriend, who was 16 at the time, got an abortion—with the consent of her parents—against Magers's wishes. How is this even possible? And how does this case fit into the ongoing anti-choice campaign for "fetal personhood?" Imani and Jess have those answers and more.
Anti-choice politicians are pushing a new legislative strategy to demonize their opponents and confuse the public: so-called Born Alive bills. In this episode of Boom! Lawyered, Imani and Jess dissect the myths propping up this strategy and give you all the tools you need to combat anti-choice lies about later abortion.
An unforgettable day of testimony on Capitol Hill began with Republicans demanding a do-over because—wait for it—they didn't get documents on time. For anyone who followed the Kavanaugh hearings, that might be funny if it wasn't so sad. And that was just the beginning!
In this emergency episode of Boom! Lawyered, Jess and Imani discuss some of the most pressing legal questions and concerning developments from Michael Cohen's day of testimony before the House oversight committee.
This week, the Supreme Court declined to take up an appeal by Kathrine McKee, a woman who publicly accused Bill Cosby of raping her more than 40 years ago. As part of this decision, Clarence Thomas issued an alarming concurring opinion that may signal the start of a prolonged attack on the First Amendment in the courts. Imani and Jess explain how this fight may take shape and what could change forever if Thomas's position wins out.
In several states, there are evangelical adoption and foster care agencies trying to keep federal funding while refusing to place children in LGBTQ or non-Christian families—and now the Trump administration may help them. Jess and Imani break down who's behind these discriminatory efforts and what they mean for kids and parents around the country.
Last night, the Supreme Court voted 5-4 to block an anti-choice law in Louisiana from taking effect while it is being challenged in the courts. John Roberts was the deciding vote. Yes, you read that correctly. Is this a one-time thing, or does this signal that Roberts is moving to the middle on abortion? And what's next for abortion rights in Louisiana and around the country?
Join Jess and Imani for a discussion of all of this plus an interview with Center for Reproductive Rights senior counsel (and lead attorney on this case!) T.J. Tu.
The Supreme Court issued a stay against an anti-choice law in Louisiana—but only for a few days? Jess and Imani try to make sense of this puzzling move by the Court and what might happen next.
The Fifth Circuit has teed up a big test for Chief Justice John Roberts in a case out of Louisiana that involves hospital admitting privilege requirements for abortion providers. If Roberts respects precedent as much as he says he does, the law should be dead in the water. But is it?
In the second and final day of confirmation hearings for Attorney General nominee William Barr, witnesses testified both for and against his nomination. Some of it was fluff, but some of it was fire. Imani and Jess break down the key takeaways as a confirmation vote draws near.
Jess and Imani sift through the testimony of Attorney General nominee William Barr, including his subtle but serious signals that he might be a danger to civil rights and immigration justice.
The Trump administration plans to take a sledgehammer to the birth control benefit. Imani and Jess explain why its approach might not be entirely legal thanks to a little-known—but super-important—law called the Administrative Procedure Act.
Read more from Imani: I Can’t Believe It’s 2019 and We’re Still Arguing About the Birth Control Benefit
It's the end of the year, but it's just the beginning of a slew of court battles that could reshape our rights. Imani and Jess take stock of the legal highs and lows of 2018 with an eye to what's ahead in 2019.
Several states have tried to find ways to cut Planned Parenthood out of state Medicaid programs. Naturally, lawsuits followed, and this week, the Supreme Court finally weighed in. Jess and Imani discuss what happened and what it means for health care across the country.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, national origin, color, sex, and religion. So why aren’t all LGBTQ people also definitively protected by this law, and whose fault is that? Jess and Imani explain.
More:
Another Appeals Court Rules That Firing People for Being Gay Is Discrimination Under Title VII
A new bill making its way through the Ohio legislature would effectively ban abortion in the state. It’s called a “heartbeat ban," and Jess and Imani explain how the bill's sponsors plan to use this law to make abortion illegal in every state.
The midterms elections are (mostly) over. Now what? Jess and Imani sift through the results and lay out the high-stakes legal and political skirmishes that are likely to follow, especially regarding the right to vote.
Voter suppression in the 2018 midterms is real, and it's scary. In this episode of Boom! Lawyered, Imani and Jess explain the creative and alarming ways Republicans in three states are trying to prevent people from voting.
President Trump claims he can end birthright citizenship with an executive order. Jess and Imani explain why that's simply not true—but how this move might be part of a scarier and potentially effective long-term strategy.
Here's a podcast we think you’ll love. It’s called Unladylike, and it’s all about gender rules and the folks who break them. They put together this trailer to tell you more about the show and how to listen. Check it out!
Imani and Jess introduce you to Roger Severino. He runs the Office for Civil Rights at the U.S. Department of Health and Human Services. He decorates his office with a Clarence Thomas bobblehead and a crucifix. And he’s the person likely to be driving the Trump Administration’s reported efforts to eliminate transgender
Well, that happened. What does it mean and where do we go from here? Jess and Imani break it down.
Also, be sure to check out Jessica's latest piece on the confirmation at Rewire.News. And donate to support our work at rewire.news/donation.
Imani and Jess break down an unforgettable day of testimony from Christine Blasey Ford and Judge Brett Kavanaugh.
Solicitor General Noel Francisco is well-positioned to take over supervision of special counsel Robert Mueller's investigation into Russian election interference should Deputy Attorney General Rod Rosenstein resign or be fired. Everyone should be concerned about this line of succession.
Imani and Jess discuss the attempted rape allegations against Brett Kavanaugh and whether they will meaningfully impact his nomination to the Supreme Court.
On the final day of the Bretty Kavanaugh confirmation hearings, Imani and Jess discuss the witnesses who spoke and what will happen next in the process.
Jess and Imani explain the intrigue and events of day three of the Kavanaugh hearings.
Imani and Jess recap the twists, turns, and gotchas of day two (which is still ongoing!) of the confirmation hearing for Supreme Court nominee Brett Kavanaugh.
Imani and Jess recap and explain the most important takeaways—and most infuriating moments—from day one of the confirmation hearing for Supreme Court nominee Brett Kavanaugh.
Jess and Imani make sense of the Senate battle over the release of hundreds of thousands of documents related to Supreme Court nominee Brett Kavanaugh. Why have the Democrats threatened to sue, and what might we learn from the mountain of files if they are all released? Find out on Boom! Lawyered.
Tonight, President Donald Trump nominated Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court. On yet another emergency episode of Boom! Lawyered, Rewire.News legal eagles Imani Gandy and Jessica Mason Pieklo explore Kavanaugh’s history on the bench and what his confirmation could mean for the Court and our rights.
In the final Boom! Lawyered episode of this Supreme Court term, Imani and Jess sift through the wreckage of the Court's decisions, explore how deep Trump's stacking of other federal courts goes, and discuss the end-game options for progressives who want to turn the tide.
Boom! Lawyered is back—again—to discuss the implications of Justice Anthony Kennedy's retirement announcement. WHAT A WEEK.
Today, the Supreme Court gave a thumbs up to Donald Trump's Muslim ban and denied California's right to require factual disclosures by fake abortion clinics. Jess and Imani break down the key takeaways from a decision day that will live in infamy.
Can Donald Trump pardon himself? What happens next if he tries? Whose fault is it that the pardon became so powerful? And how did the pardon even come to exist, anyway? Imani and Jess answer all of these questions and more on the latest episode of Boom! Lawyered.
When it comes to favorites on the Supreme Court, Justice Ruth Bader Ginsburg gets a lot of love. And it’s deserved! But in the latest episode of Boom! Lawyered, Rewire.News legal experts Jessica Mason Pieklo and Imani Gandy explain why someone else is deserving of the same (possibly even more?) love: Justice Sonia Sotomayor.
Imani and Jess confront an extraordinary overreach by the Department of Justice. After failing to prevent immigrant minor Jane Doe from obtaining an abortion to which she's legally entitled, the Department is now asking the Supreme Court to punish the ACLU attorneys who represent her. Why? Because they dared to do their job. Listen to learn what this might mean for those attorneys – and for all of us.
Jess was inside the courtroom this morning as the U.S. Supreme Court heard arguments in NIFLA v. Becerra, which will decide whether a clinic can be required to reveal whether they are a licensed reproductive health-care provider or an unlicensed fake clinic. She talks with Imani about the key arguments, memorable moments, and potential outcomes from the morning's events.
When a pregnant person walks into a clinic, should that clinic be forced to reveal whether they are a licensed reproductive health care provider or an unlicensed fake clinic? Imani and Jess break down NIFLA v. Becerra, the Supreme Court case that's about to answer that question.
Imani and Jess discuss a Supreme Court case that could spell the end of public sector unions as we know them. Who is bringing this case and what do they hope to achieve? Which justice could be the one to swing the wrecking ball? And why do conservatives always talk about the "right to work" when trying to end unionization? Answers to those questions and more await you on Boom! Lawyered.
Jess and Imani explain the laws and policies that pipeline pregnant people into the criminal justice system. Then they speak with the reproductive justice advocates at the SIA Legal Team about their important work on behalf of people who self-induce abortions.
Jess and Imani delve into the laundry list of state abortion restrictions already introduced in 2018. Spoiler alert: not only are anti-choice legislators drafting many different kinds of restrictions, they are also employing new legal strategies to try and undo Roe v. Wade one bad bill at a time.
Recommended Reading:
Jess and Imani explain which states are trying to prevent you from voting, why the Department of Justice went from helping to hurting, and how this all might play out in the courts in 2018.
Recommended Reading:
In this episode, Jess and Imani talk with Rewire's Jenn Stanley and Sofia Resnick about their new audio documentary, "Marching Toward Gilead: The Rise of American Theocracy."
This two-part documentary dives deep on Operation Save America (OSA), an organization committed to a theocratic vision of America, and reveals the alarming ways OSA’s fundamentalist far-right ideology has wormed its way into state and federal government. Jess and Imani also unpack the key laws involved, including the Freedom of Access to Clinic Entrances (FACE) Act and the concept of "justifiable homicide."
Jess and Imani discuss protected speech, expressive conduct, going topless as protest speech, and whether or not you can refuse to bake a cake for a same-sex couple and call it "free speech." They also explain the convoluted process by which cases make it to the U.S. Supreme Court and read the latest listener reviews.
More from #TeamLegal at Rewire.news:
Jess and Imani dive into the laws that define the concept of a person and how Congress and President Donald Trump are trying to sneak the anti-choice concept of "personhood" into everything from the Supreme Court to the latest tax legislation.
Learn more at Rewire:
Alabama Supreme Court Justices Make Case for Prosecuting Abortions
Roe v. Wade and Fetal Personhood: Juridical Persons Are Not Natural Persons, And Why it Matters
Jess and Imani are joined by Ally Sheedy and her son Beckett Lansbury, a Title IX activist who is also transgender. Beckett explains why asking someone for their pronouns is important, why he decided to be public about his journey, and what allies to trans people can do to make a difference. Ally discusses her experience as the parent of a child coming out as transgender and what scares her the most about life under the Trump administration.
Jess and Imani discuss how a few key clauses in the Constitution are being deployed in new lawsuits to fend off the latest attacks on sexual rights and the Affordable Care Act's birth control benefit. Plus, Satanists fight for abortion rights in Missouri and Imani reads the latest listener reviews.
Recommended Reading:
The Establishment Clause: A Simpler Answer to the Contraception Question?, by Imani Gandy for Rewire, Jan 2014
Trump to Blow Up Obamacare’s Birth Control Benefit, by Christine Grimaldi & Jessica Mason Pieklo for Rewire, May 2017
Whether you're a doctor in a private room with a patient or a football player kneeling during the national anthem, legal precedents defining your speech rights are being debated and established all the way up to the Supreme Court. Boom! Lawyered will help you make sense of it all.
Reading Companion:
Boom! Lawyered: Levels of Judicial Scrutiny Edition, by Imani Gandy for Rewire, April 2016.
In the inaugural episode of Boom! Lawyered, Jessica and Imani discuss the opening of the Supreme Court term and the big decisions on the horizon. With newly-added Justice Neil Gorsuch, the Court may be lurching back to the right on cases that address immigrant detention, President Trump's Muslim ban, Ohio voter roll purges, and whether or not evangelicals can refuse service to same sex couples. What does that mean for anyone who might be affected? Listen and find out.
Resources:
Boom! Lawyered: Immigration Bond Edition
Coming on Thursday, 9/21: the premiere episode of Rewire Radio's new podcast, Boom! Lawyered. Every other week, Jess Pieklo and Imani Gandy deliver entertaining and helpful legal analysis for resistance-minded folks, including important justice issues coming up in the courts, how legal processes work, and what cases and their outcomes mean for all of us. Subscribe now!
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