How to Lose a Democracy in 10 Laws (with Elie Mystal)
Mar 17, 2025
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In this engaging discussion, Elie Mystal, a justice correspondent for The Nation and author of "Bad Law: Ten Popular Laws That Are Ruining America," critiques problematic legislation threatening democracy. He highlights outdated laws, including those affecting immigration and civil rights, and stresses the need for reform to foster inclusivity. They also tackle the implications of deregulation in education and the historical roots of controversial policies like the Immigration and Nationality Act. Mystal's insights shed light on the critical intersection of law and social justice.
Elie Mystal critiques the Armed Career Criminals Act and emphasizes the need to repeal laws that harm societal well-being instead of merely amending them.
The treatment of Mahmoud Khalil underscores how immigration laws can suppress dissent and threaten the rights of lawful residents with differing political views.
The podcast examines the adverse effects of deregulation, particularly in the airline industry, highlighting a broader trend towards prioritizing corporate interests over public services.
Deep dives
Impact of U.S. v. Scrimetti on Transgender Rights
The Supreme Court case, U.S. v. Scrimetti, raises critical concerns regarding the autonomy of transgender individuals over their own bodies. Tennessee is attempting to leverage this case to undermine the rights of transgender people, asserting that the ruling that overturned Roe v. Wade grants them the authority to do so. Such actions not only threaten the principle of equal justice under the law but also negatively impact everyone’s ability to make choices about their own bodies and lives. The case represents a pivotal moment to address the broader implications of presidential actions aimed at restricting individual freedoms.
Ellie Mistal's 'Bad Law' and Legislative Critique
Ellie Mistal's book, 'Bad Law: 10 Popular Laws That Are Ruining America', critiques several laws that Mistal argues should be repealed entirely rather than amended. He highlights a selection of laws that, while popular at the time of passage, have led to detrimental societal consequences, such as the Armed Career Criminals Act and the Protect Lawful Commerce in Arms Act. Mistal underscores the necessity for lawmakers to propose specific legislative agendas that address systemic issues rather than merely reacting to the status quo. This approach urges listeners to consider actionable solutions rather than passive acceptance of ineffective policies.
Controversy Over Immigration Enforcement
The podcast discusses the troubling case of Mahmoud Khalil, who faces potential deportation despite being a lawful permanent resident. His detention and the subsequent attempts to remove him from the U.S. raise questions about the validity of government actions and their chilling effect on free speech, particularly given his activism. The administration has employed provisions of the Immigration and Nationality Act, which allow significant discretion in deporting non-citizens, to target Khalil. The legal implications of this case demonstrate a broader trend of using immigration laws to suppress dissent and limit the rights of individuals, particularly those with contrary political views.
Deregulation and Its Broader Implications
The discussion highlights the consequences of deregulation across various sectors, specifically using the airline industry as a case study. Airline Deregulation has often resulted in poor service quality and customer dissatisfaction, illustrating how privatization can fail to serve the public interest while benefiting corporate entities. The conversation extends to future implications for other industries, pointing to the current administration's efforts to dismantle educational oversight as a parallel example of dangerous deregulation. This trend indicates a significant shift towards prioritizing corporate agendas over essential public services and protections.
The Supreme Court's Role in Upholding Controversial Laws
A critical examination of the Supreme Court reveals its role in solidifying and promoting laws that infringe upon individual rights, particularly regarding reproductive health and gun control. The Hyde Amendment, which restricts federal funding for abortion services, exemplifies how judicial interpretations can entrench harmful policies in the fabric of law. Additionally, the podcast warns about the increasing tendency of the Court to prioritize the Second Amendment over other constitutional rights, raising concerns about legislative accountability. The discourse encourages listeners to scrutinize the Court's decisions and their implications for societal freedom and justice.
Leah, Kate, and Melissa are joined this week by Elie Mystal, justice correspondent for The Nation, whose new book is Bad Law: Ten Popular Laws That Are Ruining America. They talk about what rotten laws should be done away with while touching on the latest news, including the detention of Mahmoud Khalil and the dismantling of the Department of Education.
