In a nation of complicated legal machinations, the mifepristone situation is especially complicated. U.S. District Judge Matthew Kacsmaryk last week suspended a number of laws regulating the popular and widely-used abortion drug mifepristone. Kacsmaryk’s ruling affected both the Food and Drug Administration's original 2000 approval of mifepristone as well as subsequent updates to laws regulating the drug from 2016 and 2019. Multiple appeals to Kacsmaryk’s ruling followed, and late this week the Supreme Court issued an administrative stay on the lower court’s ruling in the aftermath of a formal request from the Justice Department to block the new restrictions to the drug. Limiting access to mifepristone would have far-reaching implications of the ability of the FDA to approve other drugs, and to further complicate the situation, a ruling out of Washington was issued that could potentially limit Kacsmaryk’s decision. As the story develops in real time, Jessica updates you on the current state of the law surrounding mifepristone, as well as how we got here and where the law is going.
Depending on what you've heard, Manhattan DA Alvin Bragg's case against former President Trump is somewhere between frivolous or airtight. And it is likely that one's position depends on the beholder's opinion about Donald Trump himself. In today's episode, Jessica strips away the partisan perspectives and assesses the real world legal nuts and bolts of exactly what the charges are, as well as the obstacles that Bragg faces in proving his case.
Los Angeles Times Supreme Court reporter David Savage joins Jessica on this special episode of Passing Judgment. Savage has been covering the Supreme Court for more than 30 years, a time period that has seen substantial changes in both the composition of the Court as well as the way the Court addresses issues. Jessica recorded this conversation, in part, for her Constitutional Law students at Loyola Law School. We also think it will be fun for you, our Passing Judgment audience, to hear David and Jessica talk about what it has been like to make a career out of covering the Supreme Court. David shares his thoughts on issues related to judicial activism, originalism, Chief Justice John Roberts' judicial philosophy, and what accounted for the rise of the Federalist Society.
The biggest defamation case we've seen in decades is about to go to trial. Dominion Voting Systems, a manufacturer of electronic voting machines and associated software, has sued Fox News and Fox Corporation for defamation, based on false claims that Dominion helped rig the 2020 presidential election for President Biden. Jessica talks through exactly what Dominion will have to prove to succeed in its case.
Former President Trump will be criminally indicted. This is a historic first. But what does it mean legally and politically? Jessica walks through what we're likely to see in the indictment, what an arraignment will look like, and what the next steps will be.