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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Artificial Intelligence, Civil Liberties, Civil Rights, Executive Branch Law Breaking, Human Rights, Right To Dissent, Supreme Court
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Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship
Artificial intelligence and democracy are two of the most charged words in the news right now. To hear the headlines tell it, AI is either about to save us—or quietly break everything that makes self-government possible. A new book refuses that false choice. It asks a more uncomfortable—and more political—question: who is using AI, how, and for whose benefit?
The book is Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship, published by MIT Press. It starts from a deceptively simple idea: democracy is an information-processing system—one that gathers people’s preferences and turns them into law, policy, and power. From that perspective, AI isn’t inherently democratic or dangerous. It’s a power-amplifying tool. In democratic hands, it can broaden participation, increase transparency, and make government more responsive. But in the hands of monopolistic tech companies or authoritarian states, it can just as easily intensify surveillance, manipulation, and control.
Instead of treating AI as a distant sci-fi threat, Rewiring Democracy looks at what’s already happening—AI in lawmaking, courts, elections, public services, and everyday citizenship—and asks the question too often left out of the debate: not what the technology can do, but who controls it—and who is left out.
Guest – Nathan E. Sanders, a data scientist affiliated with Harvard’s Berkman Klein Center for Internet & Society. His work focuses on using technology to strengthen democratic participation, especially for communities historically excluded from decision-making. He’s the co-author of Rewiring Democracy, along with cybersecurity expert Bruce Schneier.
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The Unitary Presidency: Trump’s Second Term, the Supreme Court, and the Consolidation of Power
The American system of democracy was built on a simple, stubborn idea: power must be divided if liberty is going to survive. James Madison warned that concentrating legislative, executive, and judicial authority in the same hands is “the very definition of tyranny,” and George Washington cautioned that power’s abuse is as predictable as gravity. Those weren’t poetic lines—they were the operating instructions for a constitutional democracy.
Our own cohost Stephen Rohde argues that those instructions are being ignored in plain sight. In The Unitary Presidency: Trump’s Second Term, the Supreme Court, and the Consolidation of Power, just published in Los Angeles Lawyer magazine, he says we’re not dealing with isolated controversies. We’re watching a sustained push to consolidate authority in the presidency—backed by legal theory, executive machinery, and a political ecosystem willing to treat norms and limits as optional.
Steve traces how an extreme version of the Unitary Executive Theory has become the rationale for purges of independent agencies, mass removals of officials, and executive actions that pressure universities, law firms, immigrants, protesters, and the press. In his account, the point isn’t just what’s being done—it’s the precedent being set: that the president can control, punish, and dismantle without meaningful restraint.
And the most alarming part, Steve argues, is the Supreme Court’s role—especially through its emergency “shadow docket,” where consequential decisions can be issued at lightening speed, often without full briefing or transparent reasoning. He asks readers: are we witnessing a temporary political lurch, or a lasting constitutional redesign—one that leaves checks and balances as a ceremonial relic?
Guest – Stephen Rohde is a retired constitutional attorney, lecturer, writer and political activist. He is the Chair Emeritus of several organizations including Bend the Arc, the ACLU Foundation of Southern California, and Death Penalty Focus. He is also a founder and current Chair of Interfaith Communities United for Justice and Peace. He is the author of American Words of Freedom and Freedom of Assembly.
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Civil Liberties, Civil Rights, Human Rights, Supreme Court, Violations of U.S. and International Law
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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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