Episode 17 | Mandatory Detention Percolation

Episode 19 | Autocrat Judges: Israel's Warning for America

Our hosts, law professor Ilan Wurman and Kathryn Johnson, are joined by guest co-host Joshua Kleinfeld, law professor at Scalia Law School at George Mason University, former professor at Northwestern, and a recent alum of the Trump Administration. They are also joined by Yonatan Green, author of Rogue Justice: The Rise of Judicial Supremacy in Israel. Our hosts talk about the modern phenomenon of left-wing "Juristocracy," that is, rule by judges--but only so long as they're on the political left. Our hosts explain why the Left must couch its ideas in false language like "democracy," and how they label obviously democratic reforms as "anti-democratic." Israel is the cautionary tale for America. How did a group of Supreme Court Justices become so powerful in a system without any written constitution? First, they get rid of standing and justiciability requirements; second, they engage in "reasonableness" review of executive action; third, they invent a written constitution out of parliamentary legislation enacted by the opposition in the dead of night; and fourth, they change the rules as they go, and prevent new parliamentary legislation from undoing the old parliamentary legislation. Although Israel's case is one of judicial supremacy on steroids, there are clear warning signs for America. Oh, and the Israeli Left engages in lawfare, too--as when meritless criminal prosecutions were initiated against two members of Israel's judicial appointments committee when they spoke out against the judicial supremacist trends in their country. You won't want to miss this episode. Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! [https://www.youtube.com/@rationallybasedpodcast] Subscribe to our Substack! [https://rationallybased.substack.com/] New Podcast Episodes every Thursday morning, find us on Spotify [https://open.spotify.com/show/4OXcpYI57uPGMwYOhm87PI?si=488504f9355f40d4], Apple Podcasts [https://podcasts.apple.com/us/podcast/rationally-based/id1872785197], or on YouTube [https://www.youtube.com/@rationallybasedpodcast]! Follow us on social media on Instagram [https://www.instagram.com/rationallybased/], X [https://x.com/rationallypod], Facebook [https://www.facebook.com/profile.php?id=61587272036615], and TikTok [https://www.tiktok.com/@rationallybased]!

Episode 18 | The Constitution of 1789

In this special episode, our host gives a lecture at Stanford Law School on his new book, The Constitution of 1789: A New Introduction. What caused the American Revolution? Why did we write down our constitutions? What the nature of the American Union? Of executive power? And -- a topic near and dear to the listeners of Rationally BASED -- what is judicial power? Does the Constitution contemplate judicial review? Does that mean the Supreme Court has final say over all constitutional questions? And what was the Constitution's relationship to slavery? Get a sneak peek of Ilan's new book, which if you can order on Amazon or here: https://cambridge.org/Constitution1789 [https://cambridge.org/Constitution1789]. If you order from Cambridge, you can use the discount code WURMAN26 and get 20 percent off. Enjoy the preview, and please remember to like and subscribe! Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! [https://www.youtube.com/@rationallybasedpodcast] Subscribe to our Substack! [https://rationallybased.substack.com/] New Podcast Episodes every Thursday morning, find us on Spotify [https://open.spotify.com/show/4OXcpYI57uPGMwYOhm87PI?si=488504f9355f40d4], Apple Podcasts [https://podcasts.apple.com/us/podcast/rationally-based/id1872785197], or on YouTube [https://www.youtube.com/@rationallybasedpodcast]! Follow us on social media on Instagram [https://www.instagram.com/rationallybased/], X [https://x.com/rationallypod], Facebook [https://www.facebook.com/profile.php?id=61587272036615], and TikTok [https://www.tiktok.com/@rationallybased]!

Episode 17 | Mandatory Detention Percolation

Our hosts, law professor Ilan Wurman and Kathryn Johnson, start off discussing the Virginia Redistricting case. What did the state supreme court hold? What is an "election"? Is there a federal question for the U.S. Supreme Court to review? Are the Democrats flipping 180 on a bunch of issues to get their way, including the meaning of "election day" and the independent state legislature doctrine? Our hosts then turn to the five-court circuit split surrounding the mandatory detention of illegal aliens. What is an "applicant for admission"? Is an applicant for admission necessarily "seeking" admission? And what does Judge Lagoa's Eleventh Circuit dissent tell us about birthright citizenship? Enjoy this textual and interpretive bonanza. Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! [https://www.youtube.com/@rationallybasedpodcast] Subscribe to our Substack! [https://rationallybased.substack.com/] New Podcast Episodes every Thursday morning, find us on Spotify [https://open.spotify.com/show/4OXcpYI57uPGMwYOhm87PI?si=488504f9355f40d4], Apple Podcasts [https://podcasts.apple.com/us/podcast/rationally-based/id1872785197], or on YouTube [https://www.youtube.com/@rationallybasedpodcast]! Follow us on social media on Instagram [https://www.instagram.com/rationallybased/], X [https://x.com/rationallypod], Facebook [https://www.facebook.com/profile.php?id=61587272036615], and TikTok [https://www.tiktok.com/@rationallybased]!

Episode 16 | Dem Maxxing and the VRA

Our hosts, law professor Ilan Wurman and Kathryn Johnson, cover everything Voting Rights Act in light of the Supreme Court's recent decision in Louisiana v. Callais. Why was the Voting Rights Act enacted, and how does it relate to the Fifteenth Amendment and the Equal Protection Clause of the Fourteenth Amendment? What did the VRA accomplish? What did the Supreme Court do with Section 5 of the VRA in Shelby County, and was that case rightly decided? Is redistricting even covered by the language of the VRA? If it is covered, would that even be constitutional if the Fourteenth Amendment covers only civil rights, rather than political rights? How has the VRA been interpreted since it was held to cover redistricting? Ilan and Kathryn talk about the "Democrat Movement Lawyer" theory of the VRA, which required what Kathryn calls "Dem Maxxing" -- maximizing the political power of Democrats. The Supreme Court in Callais, Ilan argues, merely scuttled this crazy interpretation of the VRA, restoring it to its original and intended purposes. Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! [https://www.youtube.com/@rationallybasedpodcast] Subscribe to our Substack! [https://rationallybased.substack.com/] New Podcast Episodes every Thursday morning, find us on Spotify [https://open.spotify.com/show/4OXcpYI57uPGMwYOhm87PI?si=488504f9355f40d4], Apple Podcasts [https://podcasts.apple.com/us/podcast/rationally-based/id1872785197], or on YouTube [https://www.youtube.com/@rationallybasedpodcast]! Follow us on social media on Instagram [https://www.instagram.com/rationallybased/], X [https://x.com/rationallypod], Facebook [https://www.facebook.com/profile.php?id=61587272036615], and TikTok [https://www.tiktok.com/@rationallybased]!

Episode 15 | Alito and the Court

Our hosts, law professor Ilan Wurman and Kathryn Johnson, get a full hour with Mollie Hemingway, editor-in-chief of The Federalist and author of the new New York Times bestseller, Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution. They touch on several themes in the book and connect them to current issues and news. Is Alito an originalist? What is a "practical originalist"? Why did he make fun of Justice Scalia, saying he wanted to know what James Madison thought about video games? What do the attacks on Alito show us about the Left's strategy and tactics more broadly? What is "demosprudence"? The "Greenhouse effect"? And what's the Shadow Docket? Our hosts then talk with Mollie about the recent Voting Rights Act decision, about election integrity more generally, and here takeaway from the birthright citizenship oral arguments, which she attended. Enjoy and please like and subscribe! Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED! [https://www.youtube.com/@rationallybasedpodcast] Subscribe to our Substack! [https://rationallybased.substack.com/] New Podcast Episodes every Thursday morning, find us on Spotify [https://open.spotify.com/show/4OXcpYI57uPGMwYOhm87PI?si=488504f9355f40d4], Apple Podcasts [https://podcasts.apple.com/us/podcast/rationally-based/id1872785197], or on YouTube [https://www.youtube.com/@rationallybasedpodcast]! Follow us on social media on Instagram [https://www.instagram.com/rationallybased/], X [https://x.com/rationallypod], Facebook [https://www.facebook.com/profile.php?id=61587272036615], and TikTok [https://www.tiktok.com/@rationallybased]!