Civil Liberties, Civil Rights, Executive Branch Law Breaking, Supreme Court, worker's rights
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Unitary Executive Theory
The US Supreme Court just ended a momentous term further entrenching the reactionary Republican agenda. Our sometimes consideration of relevant court cases and other legal developments, today includes a review of the conservative legal doctrine known as the Unitary Executive Theory, now favored by the conservative majority on the Supreme Court, and the conservative doctrine of Originalism. We’ll also look at a new opinion poll of Americans showing that at least half of Americans disapprove of the job the Supreme Court is doing.
Guest – Stephen Rohde is the author of two books and numerous articles and book reviews on constitutional law and history. He is the former president of the ACLU Foundation of Southern California and is a special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. He is host of the new podcast Speaking Freely produced by MS Studios and is available on Spotify and I Heart radio and other streaming platforms. Steve Rohde is also, of course, one of the co-hosts here on the Law and Disorder radio show.
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Hold Your Representative Accountable
A dozen years ago, two professors from prestigious universities, Martin Gillens and Benjamin Gage conducted a study of decision-making in our government. Their conclusion was a bombshell destroying as it did the myth that America is a majoritarian democracy. Their conclusion, in the most widely cited quote from their study, was that “the preferences of the average American appear to have only a minuscule, nearly 0 statistically, non-significant impact on public policy.”
So who decides the policies of the government? Not us. It is the economic leaders, the business interests and the organized lobbies that call the shots. The American people by and large are way to the left of their government. However, they are ignorant of the true record of the Congress people who claim to represent them. What can be done about this?
Guest – Felice Gelman is a long time movement activist and part of The Network For Voter Education, a non-partisan effort that has created an Internet tool called yourreprecord.org which people can use to look up the true record of members of Congress.
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Civil Liberties, Civil Rights, Economics, Supreme Court, worker's rights
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Economic Impact of Billionaires and Trillionaires
When Donald Trump came back to resume the office of presidency a year and a half ago the kind of government we were living under was unclear. It was a government where billionaires dominated our mass media, corporations, universities, courts, and government. Was this oligarchy authoritarianism or was it fascism American style? Last month, the media treated us to the spectacle of Elon Musk becoming the world‘s first trillionaire. One trillion is 1000 billion dollars. One billion is 1000 million dollars. The amount of money $1 trillion represents is difficult to even imagine. It would take a man working 52 weeks a year for $25 an hour 19.23 million years to make $1 trillion. The impact on a democratic society of having a trillionaire and over 1000 billionaires is transformative and a spectacle that has affected all of our lives.
Guest – Professor Henry Giroux – last year Law annd Disorder interviewed seven significant thinkers about the topic of American fascism. We put together a book on the topic titled From The Flag To The Cross: Fascism American Style.. Professor Henry Giroux was one of the seven contributors to the Law and Disorder book He wrote about the transformation of education. Henry Giroux currently holds the McMaster University Chair for scholarship and the public Interest. His most recent book co-authored with Anthony DiMaggio is titled Fascism on Trial: Education and the Possibility of Democracy. Professor Giroux frequently writes for the LA Progressive and has recently authored an article on Elon Musk becoming a trillionaire.
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U.S. Supreme Court Decisions Resetting Precedent Part 2
Back we go to review of more cases from the recent term of the U.S. Supreme Court. We start with the birthright citizen case. Then we take up cases dealing with immigration and executive power, as well as other major cases. We also look at what many have described as corruption among the Justices.
Guest – Ellen Yaroshefsky is the Howard Lichtenstein Distinguished Professor of Legal Ethics, Maurice A. Deane School of Law, at Hofstra University. She is a leading educator and expert in ethics law and serves as an expert witness and advisor to lawyers and law firms. Prof. Yaroshefsky is a former Commissioner on the New York State Joint Commission on Public Ethics. She has previously worked at the Center for Constitutional Rights and has been in private practice. And Prof. Yaroshefsky has received numerous awards, including the New York State Bar Association’s honor for Outstanding Contribution in Criminal Law Education.
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Civil Liberties, Civil Rights, Criminalizing Dissent, Supreme Court
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U.S. Supreme Court Decisions July 2026
Last week, the US Supreme Court ended its 2025-2026 Term with a barrage of long-awaiting blockbuster decisions altering the entire structure of the American government and seriously undermining the crucial separation of powers between Congress, the President, and the courts. The Supreme Court, which is dominated by a conservative super-majority of Republican justices – including 3 justices appointed by Donald Trump – confronted such important issues as Birthright citizenship; whether the President can fire the heads of independent agencies, such as the Federal Trade Commission and the Federal Reserve; whether states can count mail-in ballots that arrive after Election Day; whether states can ban concealed weapons on private property; and whether Trump can expel hundreds of thousands of migrants and turn others away at the southern border.
To help us understand what the Roberts Court is up to and what it means for our constitutional democracy, we’ve invited Law and Disorder co-host Steve Rohde to switch seats and serve as our guest today.
Guest – Stephen Rohde is a journalist, lecturer and political activist. For almost 50 years, he practiced civil rights, civil liberties, and intellectual property law and has won significant First Amendment victories in state and federal appellate courts.Steve is past chair of the ACLU Foundation of Southern California and Chair Emeritus of Bend the Arc, a Jewish Partnership for Justice. He is a founder and current chair of Interfaith Communities United for Justice and Peace; and a member of the Board of Directors of Death Penalty Focus. He is the Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council.Steve is the author of the books American Words of Freedom: The Words That Define Our Nation and Freedom of Assembly and numerous articles and book reviews on civil liberties and constitutional history. He is co-author of Foundations of Freedom published by the Constitutional Rights Foundation.In addition to being a co-host of Law and Disorder Radio, Steve is also the host of a10 episode podcast called Speaking Freely: A First Amendment Podcast exploring the most important Supreme Court cases in the area of free speech and free press. It is produced by Ms Studios and is streaming online at Spotify, Apple, and I Heart Radio.
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Draconian Sentencing Of Prairieland Nine Case
We look at a staggering display of judicial overreach coming out of a federal courtroom in Texas. On June 23 and July 1, 15 individuals were handed prison sentences totaling centuries. That followed a July 2025 demonstration outside the Praireland Detention Center. Among those condemned to spend the rest of her natural life behind bars is Maricela Rueda. She received a 70-year sentence. Her husband, Daniel Rolando Sanchez-Estrada, wasn’t even present at the protest. Yet, he was sentenced to 30 years.
The core of the conspiracy charge against Daniel ties directly into Maricela’s sentence. It centers on a recorded jailhouse phone call. The government alleged Maricela asked her husband to move items from her house and car. Surveillance footage also showed Daniel dropping off a cardboard box, though that was prior to his call with Mariela. Inside that box? Not weapons. Not explosives. Just politically charged, constitutionally protected independent pamphlets and zines, all belonging to Mr. Sanchez himself.
Joining us to dissect this draconian sentencing is Sufia Khalid. Sufia is the Deputy Director of the National Security Criminal Defense Center at the Muslim Legal Fund of America. There, she represents defendants in federal national security prosecutions nationwide. She took on Maricela’s case for sentencing and currently represents her on appeal. Sufia has exclusively worked on national security prosecutions and appeals, FBI Counterrorism investigations, and terrorism sentencing and their associated constitutional issues for 8 years
Guest – Sufia Khalid is the Deputy Director of the National Security Criminal Defense Center at the Muslim Legal Fund of America. There, she serves as Senior Staff Attorney, representing defendants in federal national security cases. She currently represents Maricela Rueda in the “Praireland Nine” case. Before joining the MLFA, Khalid worked with the United Nations, including the Khmer Rouge Tribunal in Cambodia and the UN Development Programme in New York.
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Civil Liberties, Civil Rights, Supreme Court
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U.S. Supreme Court Decisions Resetting Precedent
There have been several major U.S. Supreme Court decisions issued under the leadership of Chief Justice John Roberts. These decisions include abortion rights cases, anti-immigrant cases, cases enhancing administrative or executive power and, of course, voting rights cases. We’ll also learn about the role of the shadow docket. This is known as the emergency docket with a range of uses such as for routine procedural matters and last-minute requests. The cases we examine impact the fabric of democracy in the United States. We’ll talk about broader implications with our guest Professor Ellen Yaroshefsky.
Guest – Ellen Yaroshefsky is the Howard Lichtenstein Distinguished Professor of Legal Ethics, Maurice A. Deane School of Law, at Hofstra University. She is a leading educator and expert in ethics law and serves as an expert witness and advisor to lawyers and law firms. Prof. Yaroshefsky is a former Commissioner on the New York State Joint Commission on Public Ethics. She has previously worked at the Center for Constitutional Rights and has been in private practice. Prof. Yaroshefsky has received numerous awards, including the New York State Bar Association’s honor for Outstanding Contribution in Criminal Law Education.
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Grito 2048
Ursula Leguin is one of the most admired writers of speculative science fiction in America. Her work challenges the rationality and desirability of our capitalist system. LeGuin has written “We live under capitalism. Its power seems indestructible. So did the divine right of kings.“
Our guest today is Brooklyn based writer Maritza Arrastia, who has just had published her climate science fiction novel Grito 2048. Her novel is set in the last remaining Caribbean colony of the collapsing empire of the Diez Familias, where climate catastrophe and colonial extraction have reached their limits. As imperial elites prepare to abandon Earth for replica planets, beyond the reach of ruin, those left behind must decide whether the planet can still be reclaimed.
The novel follows the central figure Marina and others as they leave the imperial city for Palenque, a seaside encampment where rebels, families of the disappeared, and youth organizers are rebuilding life amid rising seas. It is there that Marina gathers the Grito Chronicles – war cries, threaded through centuries of Caribbean resistance – while the youth lead movement Todx prepares for the last Grito,, an uprising planned for 2048 to take back Earth.
Guest – Maritza Arrastia is a Cuban – Puerto Rican writer whose literary life spans five decades. She was a reporter and editor at Claridad, A bilingual newspaper of the Puerto Rican Socialist Party. Ms. Arristia has published poetry, drama, fiction, journalism, and essays. She has taught literacy in English as a second language through collaborative, community-pedagogy. Her work explores climate futures, colonial afterlives, and insurgent memory.
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Civil Rights, Human Rights, Supreme Court
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Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote The Constitution and Dismantled Our Rights
Early in his second term, after addressing a joint session of Congress, as he shook hands walking down the aisle, President Donald Trump turned to Chief Justice John Roberts, patted him on the back, and said, “Thank you again. Thank you again. I won’t forget.” What had Roberts done to deserve such gratitude? A lot.
In her withering and revealing new book, Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote The Constitution and Dismantled Our Rights, Lisa Graves describes in detail how Roberts “has established himself not as a fair referee but as a diabolically effective player rewriting the Constitution and remaking America in accord with his reactionary political agenda, as he strategizes how to move the ball forward and disarm the opposition.” Sound too hyperbolic? Read the book.
Guest – Lisa Graves – before her work as Deputy Assistant Attorney General under Attorneys General Janet Reno, a Democrat, and John Ashcroft, a Republican, she was Chief Counsel for Nominations for Senator Patrick Leahy on the U.S. Senate Judiciary Committee, where she investigated the careers and ideologies of judicial nominees, including John Roberts. She also learned how to examine the finances of sitting judges as Deputy Chief of the Article III Judges Division of the Administrative Office of the U.S. Courts with oversight of the Financial Disclosure Office. She was an adjunct law professor at George Washington University Law School and worked as the Senior Legislative Strategist for the ACLU on national security and civil liberties. From 2009-2017, she led the Center for Media and Democracy. Most recently, she co-founded Court Accountability and is also the Executive Director of True North Research, a national investigative watchdog group that describes its mission as exposing “the dark money fueling regressive agendas targeting vital institutions in our republic, such as our courts and public schools.”
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Civil Liberties, Civil Rights, Human Rights, Prison Industry, Right To Dissent, Supreme Court, Torture, Violations of U.S. and International Law, War Resister, Whistleblowers
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Remembering Michael Ratner
Hosts Heidi Boghosian and Michael Smith interviewed some of Michael Ratner’s closest friends and colleagues as part of a special broadcast highlighting Michael Ratner’s legal work and mentorship. The special also marked the upcoming release of Michael Ratner’s autobiography Moving The Bar: My Life As A Radical Lawyer published by OR Books. We hear from attorneys including Eleanor Stein, Richard Levy, Ray Brescia and David Cole.
Michael Ratner’s pathbreaking legal and political work is unmatched. He provided crucial support for the Cuban Revolution and won the seminal case in the Supreme Court guaranteeing the right of habeas corpus to Guantanamo detainees. Michael also challenged U.S. policy in Iraq, Haiti, Nicaragua, Guatemala, Puerto Rico and Israel-Palestine. This book is a testament to his unflagging efforts on behalf of the poor and oppressed around the world.
– Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law
Michael Ratner personified lawyering that brought both radical and human values into challenges to the use of governmental power to violate the essence of the Bill of Rights. From the torture of prisoners after 911 to the massive racial profiling by the New York Police Department, Michael’s voice and vision continue to resonate. This book provides a powerful testament to the spirit of this extraordinary man.
– Attorney Bill Goodman
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In Memory of Attorney Peter Weiss
Attorney Peter Weiss was a frequent guest here on Law and Disorder. He was a guest several times to discuss pressing issues of nuclear policy, International Human Rights Law and the Royal Dutch Shell Settlement and in 2007, Peter was a Lawyers You’ll Like guest.
We go now to hear that 2007 interview co-hosted by Michael Ratner and Michael Smith. Peter Weiss died one month short of his 100th birthday on November 3, 2025. Peter was the founder and head of the Lawyers Committee on Nuclear Policy. His field was international law. He won the historic case for universal jurisdiction which allowed foreign war criminals to be tried in the United States under certain circumstances.
Mr. Weiss is a graduate of Yale Law School and was the principle author of the draft brief on the illegality of threat or use of nuclear weapons used by many countries in making written submissions to the International Court of Justice in the 1996 nuclear weapons advisory opinion. Mr Weiss served as counsel to Malaysia at those hearings. He has published several articles on the ICJ opinion, including in the fall 1997 issue of Transnational Law and Contemporary Problems. Mr. Weiss litigated the seminal case establishing the right of victims of torture to sue their torturers in US courts (Filartiga v. Pena-Irala).
Since his retirement in 1996 from Weiss Dawid Fross Zelnick & Lehrman, a leading trademark firm, he has been Senior Intellectual Property Counsel to The Chanel Company Limited. He is also a founder and former President of the American Committee on Africa and former Chairman of the Board of the Institute for Policy Studies in Washington. He has also long been an activist for peace in the Middle East and is currently a member of the Arab-Jewish Peace Group in New York and of the Executive Committee of Americans for Peace Now, which supports the Peace Now movement in Israel.
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