The Brian Lehrer Show
Elie Mystal's List of Laws that Need to Go
Mar 27, 2025
Elie Mystal, a justice correspondent for The Nation and author of Bad Law, shares his insights on laws he considers detrimental to society. He introduces his 'Bill of Wrongs,' tackling issues like felony murder and gun manufacturer immunity. Mystal critiques pre-1965 laws, asserting their exclusionary nature undermines justice. He also discusses the impact of the Armed Career Criminal Act on mass incarceration. With a focus on social justice, he advocates for the repeal of harmful laws and the importance of revisiting constitutional validity.
37:55
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Quick takeaways
- Laws enacted before the Voting Rights Act of 1965 should be re-evaluated for their exclusionary impacts on modern democratic values.
- The criminalization of immigration under laws like the Immigration and Nationality Act of 1921 requires reform to treat immigration issues as civil matters.
Deep dives
Presumptively Unconstitutional Laws
Any law passed before the Voting Rights Act of 1965 is deemed presumptively unconstitutional due to the exclusionary nature of governance at that time. Laws created in an era when not all citizens had voting rights reflect an undemocratic process, making those statutes inherently suspect. The argument does not claim all such laws are bad; rather, it advocates for repeal and re-evaluation to align with modern democratic values. This perspective encourages a societal review of legislation passed without broad representation, emphasizing that if some laws are indeed beneficial, they can be reintroduced through a more inclusive legislative process.
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