Law and Disorder December 22, 2025

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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Law and Disorder November 24, 2025

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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Law and Disorder August 25, 2025

The First Amendment Heavily Tested Under Trump Administration

The First Amendment is being tested in many arenas not only in response to various Executive Orders which Donald Trump has issued in his second term, but also in state legislatures which are experimenting with how far the government can go in restricting freedom of speech.

In Free Speech Coalition v. Paxton, the US Supreme Court upheld a Texas law requiring age verification for access to Internet porn sites. In 2024, Mississippi enacted House Bill 1126 after a Mississippi teen became the victim of sextortion on Instagram and died by suicide. That law requires young people to obtain their parents’ consent before they can create social-media accounts. On August 13, the US Supreme Court issued a brief unsigned order allowing that law to go forward despite a lower court injunction.
Meanwhile, South Park is savagely ridiculing Donald Trump, CBS capitulated when Trump sued them over a 60 Minutes segment, and a conservative federal appeals court struck down an injunction for an on-campus drag show. There’s a lot going on when it comes to free speech.

Guest – Robert Corn Revere has been a First Amendment litigator for more than four decades. He is Chief Counsel for the Foundation for Individual Rights and Expression or FIRE. He is the author of The Mind of the Censor and the Eye of the Beholder: The First Amendment and the Censor’s Dilemma, which explores how free expression became a part of America’s identity. FIRE filed an amicus brief in support of Net Choice in one of the cases we’re discussing today.

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Chambers v. Florida and the Criminal Justice Revolution

In 1933, four young Black farm workers in Pompano, Florida, were arrested for the murder of a white shopkeeper. With no lawyers and no meaningful due process, for a week they were held, beaten, threatened with lynching, and ultimately forced to sign confessions. Their convictions and death sentences seemed almost certain in the Jim Crow South. But 7 years later, the U.S. Supreme Court reversed those verdicts in a unanimous ruling, declaring that confessions obtained under psychological coercion rendered them involuntary and violated the 14th Amendment.

In Chambers v. Florida and the Criminal Justice Revolution, author Richard Brust vividly revisits this often-overlooked case. Chambers opened the door to the Warren Court’s criminal procedure revolution, laying the foundation for decisions such as Miranda v. Arizona. The book also highlights the lawyers and communities behind the case. Jacksonville attorney Simuel McGill, one of Florida’s few Black lawyers, kept the appeals alive until the case reached Washington.

Guest – Richard Brust is a journalist and historian whose work focuses on law, politics, and American history. He was a longtime editor for the American Bar Association’s ABA Journal and has written extensively about the courts and the evolution of U.S. legal culture.

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Law and Disorder July 21, 2025

Stephen Rohde: Checks, Balances And Separation Of Powers

This half-hour, we continue our ongoing effort to understand in real time, the upheavals taking place within our US government, as well as the blitz of attacks on the rule of law – and that includes attacks on judges, lawyers, academics, students, and virtually anyone else who is critical of the Trump Administration’s policies and actions.

Today, we’ll be particularly focused on recent Supreme Court decisions that have paved the way for Trump to dismantle the Department of Education and numerous government agencies. The decisions also Limit the public’s ability to challenge government overreach and have led to swift deportations to countries in which detainees have no prior connection. We’ll also follow-up on the critically important case on First Amendment and academic freedom, American Association of University Professors v, Rubio, which is in trial right now in Boston.

Guest – Stephen Rohde is a legal scholar, writer, lecturer and political activist, who practiced civil rights and civil liberties law for over 50 years. He’s past chair of the ACLU Foundation of Southern California and past national chair of Bend the Arc, a Jewish Partnership for Justice. He’s also a co-founder and chair of Interfaith Communities United for Justice and Peace, and a Special Advisor on Free Speech and the First Amendment for the Muslim Public Affairs Council. He hosts the podcast, Speaking Freely.

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The MAGA Ideology and the Trump Regime

As V.I. Lenin observed, “There are times in history when nothing happens for decades and other times when decades happen within days” He should know. He was the leader of the Russian revolution which overthrew the feudal Tsar and changed the history of the 20th century. We are living in a time when history is unfolding very rapidly. Trump and his coterie of the upper 1/10 of 1 percent aligned with the mostly lower middle class MAGA movement have taken huge steps upending and overturning the kind of democracy, however, limited by race and class, that we have lived with since gaining independence from England 250 years ago.

We are experiencing the transition to a new absolutist executive. Trump and the ideologues who have shaped his MAGA movement is a president who acts on the premise that whatever he does is lawful. He claimed full power to close down departments like the Department of Education, impound congressionally authorized spending, deport people without due process, while ignoring the courts. This is what he calls “a unitary executive.”

The classic definition of fascism is that it is one of the political forms that capitalism may assume in its monopoly imperial phase. It has a material foundation in a tenuous alliance between sectors of the extremely rich monopoly capitalists and a mobilized lower middle class. The key to fascist rule is the privatization of large parts of the government on behalf of the monopoly class. This ideology now in ensconced in the White House.

The right wing is opposed to environmental governance, they don’t believe in climate change. They are against open borders, universal healthcare and green energy. Those who advocate for these beneficial movements are called “cultural Marxists.” They refer in a derogatory way to all contemporary progressive political causes. They call it woke. They use the term as it means to belittle all social justice struggles against racism and inequality, Its most common usage is as a racist dog whistle.

These fascists want to secure their rule by getting control of the entire cultural apparatus of society, a process that the Nazis, the German fascists of their time,called “bringing it into line.” The current attack on universities is the most recent example.

Guest – John Bellamy Foster is professor emeritus of sociology at the University of Oregon. He is a prominent scholar on ecology and the author of many books, including Trump in the White House: Tragedy and Farce. Professor Foster is the editor of the venerable socialist magazine “Monthly Review“ and the author of the article The MAGA Ideology and the Trump Regime in its recent May 2025 issue.

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Law and Disorder May 26, 2025

Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

Today, Republicans are the ruling party in the United States. They control the presidency, the Senate, and the House of Representatives. But they also control the Supreme Court, which is the one institution that is supposed to oversee the legality and constitutionality of what the other two branches do. The Supreme Court has a super majority of six conservative justices, all of whom were appointed by Republican presidents, and three of whom were appointed by Donald Trump himself.

We are joined today by Prof Leah Litman, the author of a compelling and timely new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes. Prof Litman’s premise is that the “the Supreme Court is repeatedly elevating the feelings, sentiments, and political views of the Republican Party” and that the conservative justices consistently reach pre-ordained results that strictly conform to the Republican platform and then they justify those outcomes using high-minded judicial language to give the patina of objectivity. She points out that “Republican-appointed justices seem to think that the real victims of discrimination today are the Republicans, who no longer enjoy the kind of outsize influence, political power, and social standing they once did.”

Guest – Leah Litman is a professor of law at the University of Michigan and a former law clerk to Justice Anthony Kennedy. She is a co-host of the popular podcast Strict Scrutiny and she received the Ruth Bader Ginsberg award for “scholarly excellence” from the American Constitution Society.
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US Supreme Court Revokes Legal Protection of Venezuelan Nationals

In an emergency order issued on May 19, the U.S. Supreme Court allowed the Trump administration to revoke legal protections that the Biden administration had granted to hundreds of thousands of Venezuelan nationals.

Only one justice publicly dissented: Ketanji Brown Jackson. Just days earlier, at a legal conference, Jackson delivered the Court’s strongest public rebuke yet of Trump-era attacks on judges who have blocked Trump’s policies on immigration, halting federal grants and contracts, and firing government workers. Her 18-minute speech earned a standing ovation.

In January, the Trump administration announced plans to end Temporary Protected Status (TPS) for Venezuelan nationals—a designation that shields individuals from deportation due to civil unrest and unsafe conditions in their home country. The U.S. has seen a sharp rise in its Venezuelan population, driven by mass displacement stemming from Venezuela’s ongoing political, economic, and humanitarian crises.

Earlier, on March 31, U.S. District Judge Edward Chen issued a nationwide injunction blocking the termination of TPS, preserving protections for an estimated 350,000 Venezuelans and allowing them to continue working legally until at least October 2026, or until the legal challenge was resolved. Judge Chen raised concerns that the administration’s move may have been discriminatory and lacked a sound legal basis. The National TPS Alliance.

Guest – UCLA law professor Ahilan Arulanantham is a leading civil rights attorney and former MacArthur Foundation Fellow. Before joining UCLA, he spent nearly two decades at the ACLU of Southern California, the last two as Senior Counsel. He previously served as a federal public defender in Texas, and clerked on the Ninth Circuit Court of Appeals. Widely recognized for his work defending immigrant rights, he has twice been named California Lawyer of the Year and is a multiple-time honoree on the Daily Journal’s Top 100 Lawyers list.

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Law and Disorder April 28, 2025

Chris Hedges: Trump 2.0

Trump 2.0 is qualitatively different from his first term in office. This time Trump and his allies have brought down a tsunami on us, creating fear and chaos. Tens of thousands of government workers have been fired. Thousands have been deported, some to a torture prison in El Salvador. Due process was ignored. The court orders challenging this have been ignored, as well.

With his extreme tariff measures, Trump has damaged our economy, and it looks like there may be a recession down the road. Trump has promised to use the Army and National Guard to suppress protests. Should there be an act of violence committed by a lone wolf, Trump could use it as an excuse to invoke the Insurrection Act and call out the troops. This is all too reminiscent of what happened in Germany when a lone wolf set fire to the German parliament building. Hitler used this as a pretext for suspending civil rights and civil liberties and outlawing the communist and socialist parties, which were huge at the time.

Moreover, and most importantly, not only politics, but the culture of our country is being changed, as well. The Department of Education has been disbanded. Books are banned. Certain words are forbidden. Universities have come under Trump’s control, starting with Columbia University in New York City The great Kennedy Center, a mecca for U.S. culture, has been taken over by Trump and his Philistine allies.

Chris Hedges, the journalist and author spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class. Chris’ forthcoming book is titled A Genocide Foretold.

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The Great Moral Crime Of Our Time

Israeli -American killing of the Palestinian people living in Gaza is the great moral crime of our time. Gaza is a strip of land 25 miles long and 5 miles wide situated on the shore of the Mediterranean Sea immediately South of Israel. It used to have a population of 2.3 million people and was one of the most densely populated areas on the planet.

The Palestinian people have been murdered by American made bombs dropped on them from American planes and American drones for the last year and a half. A short cease-fire, was recently unilaterally broken by Israel, which resumed the killing in preparation for the removal of the entire population to the Sudan or the Sinai desert in Egypt.

Guest – Philip Weiss is the founder of Mondoweiss, a news and opinion website known for its critical perspective on Zionism and Israeli government policies as well as his support for Palestinian rights. Weiss, a former mainstream journalist, launched Mondoweiss in the mid 2000s as a personal blog before it evolved into a larger platform. His background includes work with publications such as the New York Observer and Esquire magazine. Overtime, Mondoweiss has built a team of contributors and has become a significant voice in progressive circles when it comes to Middle Eastern policies.

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