The Latest: How to Address Threats to the Rule of Law

The foundation of our democracy is the Constitution, a system of checks and balances and the rule of law. But today, those cornerstones are being blatantly disrespected by a presidential administration attempting to consolidate power at all costs..

In this episode, host Simone Leeper is joined by Campaign Legal Center litigators Anna Baldwin and Brent Ferguson. They examine the most pressing examples of the erosion of the rule of law, from the politicization of the Department of Justice to the stifling of free speech. Along the way, they highlight how Congress and the courts have failed as effective checks — leaving civil society and citizens to defend constitutional principles — and explore the reforms that could restore accountability, protect the rule of law and strengthen democracy against threats.

Timestamps:

(00:05) — Why is free speech under attack in the U.S.?

(03:50) — How is political opposition being falsely linked to political violence?

(05:38) — Why is deploying federal troops in U.S. cities a threat to democracy?

(09:50) — How are Congress and the courts failing to check presidential abuses of power?

(15:09) — How has the DOJ been transformed into a political tool?

(20:17) — Why is the Voting Rights Act no longer being enforced?

(21:17) — What’s at stake with the DOJ’s demand for voter data?

(27:27) — How is CLC challenging unlawful executive orders?

(32:30) — What reforms are needed to restore checks and balances?

Host and Guests:

Simone Leeper litigates a wide range of redistricting-related cases at Campaign Legal Center, challenging gerrymanders and advocating for election systems that guarantee all voters an equal opportunity to influence our democracy. Prior to arriving at CLC, Simone was a law clerk in the office of Senator Ed Markey and at the Library of Congress, Office of General Counsel. She received her J.D. cum laude from Georgetown University Law Center in 2019 and a bachelor’s degree in political science from Columbia University in 2016.

Anna Baldwin is a member of Campaign Legal Center's voting rights team working to protect the freedom to vote, litigating cases in state and federal courts, from filing through appeal to the Supreme Court. Prior to joining CLC, Anna spent 14 years in the Civil Rights Division of the U.S. Department of Justice. In North Carolina State Conference of the NAACP v. McCrory, Anna led briefing and appellate argument for the United States to overturn a North Carolina law that purposefully restricted voting and registration opportunities for Black voters in violation of Section 2 of the Voting Rights Act. Anna was also a member of the trial team that successfully challenged Texas’s racially discriminatory voter ID law. Anna has argued eighteen cases before the federal courts of appeal, including four en banc cases. Previously, Anna was an associate in the Washington D.C. office of Jenner & Block LLP, and clerked for Judge James Robertson on the U.S. District Court for the District of Columbia, and for Judge M. Blane Michael on the U.S. Court of Appeals for the Fourth Circuit.

Brent Ferguson leads Campaign Legal Center's strategic litigation team, focusing on anti-authoritarianism and litigating in all areas of election law. Brent has worked on protecting and improving our democracy for most of his career. At CLC, he has led litigation teams challenging state and federal laws and policies that seek to unlawfully purge voters, limit voter registration activity and otherwise prevent Americans from exercising their constitutionally protected rights. He has authored academic articles on election law and other constitutional issues in the Washington Law Review, the Cornell Journal of Law & Public Policy, the Emory Law Journal Online and elsewhere.

Before coming to CLC, Brent was senior counsel at the National Redistricting Foundation, where he helped develop strategy for federal and state redistricting litigation. For four years, he served as counsel at the Brennan Center for Justice, focusing on campaign finance reform and working on a broad range of other democracy issues. He was also an assistant district attorney in the Manhattan District Attorney’s office, where he litigated appeals of public corruption convictions. He clerked for Judge Michael Chagares of the U.S. Court of Appeals for the Third Circuit and Judge Jeffrey Miller of the U.S. District Court for the Southern District of California.

Links:

Taking Action Against Presidential Abuses of Power | Campaign Legal Center

About CLC:

Democracy Decoded is a production of Campaign Legal Center, a nonpartisan nonprofit organization dedicated to solving the wide range of challenges facing American democracy. Campaign Legal Center fights for every American’s freedom to vote and participate meaningfully in the democratic process. Learn more about us.

Democracy Decoded is part of The Democracy Group, a network of podcasts that examines what’s broken in our democracy and how we can work together to fix it.

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