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by Stanford Law School
Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Pam Karlan studies and teaches a range of constitutional law-related courses with a special focus on what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs the Stanford Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark case striking down the federal Defense of Marriage Act and Donald Zarda in a case where the Supreme Court held that Title VII prohibits employment discrimination based on sexual orientation.
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- 2 days ago30 min
U.S. Elections Under Pressure from White House
Nate Persily joins Pam Karlan to discuss efforts to change the rules governing the 2026 elections and the legal battles over how those changes would affect voting. ---As the push to build more infrastructure gains attention, so does debate over the role of environmental protections and public participation. How can communities have a voice in development while still allowing needed projects to move forward?As the 2026 elections approach, questions about how Americans vote are increasingly becoming questions for the courts. Disputes over redistricting, mail-in voting, and how elections are run are raising broader questions about tensions between states and a federal government for control over who sets the rules and when they can be changed. Stanford's Nate Persily, JD ’98, a leading expert on election law, joins Pam Karlan to discuss the legal and constitutional questions surrounding elections. Persily and Karlan discuss Missouri’s effort to redraw its congressional districts in the middle of an election cycle, the current administration’s efforts to change mail voting rules through the U.S. Postal Service, and the Supreme Court’s handling of election disputes. They also look ahead to the 2030 census, including questions about citizenship and who should be counted, and consider the broader consequences when election rules remain unsettled as voting gets underway.Links:Nate Persily >>> Stanford Law School pageConnect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageDiego Zambrano >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X Introduction Setting up today's two topics Missouri's redistricting battle explained The Supreme Court sides with the Missouri Supreme Court Two separate Supreme Court interventions Why this moment is unprecedented The rise of one-party congressional delegations Is there a way out? A preview: the 2030 census fight Shifting to how Americans actually vote Trump's executive order on mail voting The Postal Service's ballot-matching portal Envelope errors and a scramble before Election Day Round one at the Supreme Court: too soon to sue Round two: now it's "too late" The Postal Service's outsized role in elections The Purcell principle and last-minute chaos A fracturing Supreme Court on election law "Suppression through chaos" Closing Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
- 2 weeks ago27 min
Who Fills In When Federal Jobs Are Vacant?
Stanford’s Anne Joseph O’Connell examines who can step in when a top federal position is vacant and what recent court decisions could mean for how those positions are filled. ---- When a top federal position is vacant, someone still has to run the office. But who gets to step in, and what powers can they exercise while the position remains unfilled? Those questions are at the center of recent legal disputes over how the federal government operates when permanent officials are not yet in place. In this episode, Stanford Law School Professor Anne Joseph O’Connell, a leading scholar of administrative law and the federal bureaucracy, joins host Professor Pam Karlan to discuss the rules governing temporary officials and the way federal agencies are organized and staffed. O’Connell and Karlan examine recent disputes over U.S. attorneys and what happens when the usual process for putting a permanent leader in place does not happen quickly. They discuss how courts have interpreted the rules for temporary officials and what those decisions could mean for other federal agencies and future administrations. The conversation also considers how much authority the president has over the people who work for him and where the law draws the line. Links: Anne Joseph O'Connell >>> Stanford Law School page Pulte’s Appointment Shows Flaws in the Vacancies Act >>> Stanford Law School page Appeals Court Rejects Trump’s Strategy of Picking U.S. Attorneys >>> Stanford Law School page Can the President Appoint Principal Officers Without the Senate? >>> Lawfare page Bureaucracy’s Boundaries >>> Lawfare page Connect: Episode Transcripts >>> Stanford Legal Podcast Website Stanford Legal Podcast >>> LinkedIn Page Rich Ford >>> Twitter/X Pam Karlan >>> Stanford Law School Page Diego Zambrano >>> Stanford Law School Page Stanford Law School >>> Twitter/X Stanford Lawyer Magazine >>> Twitter/X Welcome to Anne Joseph O'Connell What "Actings" are, and why they matter The U.S. Attorney job, explained Three ways to fill a vacant U.S. Attorney seat The courts say no to post-vacancy "first assistants" Ripple effects across the federal government Does this undercut the Unitary Executive? A legislative fix, and the delegation workaround Circuit courts shut down delegation Trump v. Slaughter and the power to fire The Librarian of Congress and the Register of Copyrights Where's the line on presidential removal power? Closing thoughts Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
- Aug 20, 202634 min
Best of Stanford Legal: Inside the ACLU’s Docket with Anthony Romero
The ACLU’s Anthony Romero unpacks a sweeping docket—from a Supreme Court showdown over birthright citizenship to voting rights and free speech—as the rule of law is tested. --- In a timely conversation about the ACLU’s massive docket of cases, Pam Karlan speaks with Anthony Romero, JD ’90, executive director of the ACLU, about the surge of civil rights and civil liberties battles facing the country right now. Romero discusses major pieces of litigation spanning immigration, free speech, voting rights, and government accountability. A key focus is the Supreme Court showdown over birthright citizenship, where the Trump administration is attempting to deny citizenship to certain children born in the U.S., a move Romero calls an attack on one of the core promises of the Fourteenth Amendment. They also explore what happens when the government pushes the boundaries of compliance with court rulings and what that means for the rule of law. Tune in for a compelling conversation about the cases that could help define the next chapter of civil liberties law in the United States. Links: Anthony Romero >>> ACLU page Connect: Episode Transcripts >>> Stanford Legal Podcast Website Stanford Legal Podcast >>> LinkedIn Page Rich Ford >>> Twitter/X Pam Karlan >>> Stanford Law School Page Stanford Law School >>> Twitter/X Stanford Lawyer Magazine >>> Twitter/X Introduction and ACLU’s Rapidly Expanding Docket Small but Mighty—ACLU vs. Federal Power Inside a Burgeoning Docket Birthright Citizenship at the Supreme Court Enforcement at Scale and the Rule of Law : An Inflection Point in Public Sentiment Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
- Aug 11, 20261h 9m
America's Promissory Note
The Declaration as a “promissory note”—and what it demands now In the final discussion of The Declaration at 250 series, Robert P. George, McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and Institutions at Princeton University, argues that the Declaration of Independence should be read in the Lincoln–King tradition: not as proof that the American project was completed in 1776, but as a promissory note that sets enduring standards for justice. He confronts the central tension head-on—slavery alongside the Declaration’s equality claims—contending that the nation’s gravest wrongs were never the result of too much devotion to the Declaration’s ideals, but rather repeated failures to honor them. For George, the Declaration’s moral architecture depends on natural law and natural rights: rights are not gifts from the state, courts, or political majorities, but are grounded in a “more-than-merely human” authority and therefore cannot be legitimately revoked by human power. He then reframes the most familiar triad—life, liberty, and the pursuit of happiness—arguing that “liberty” is freedom for worthy ends (not license) and “happiness” is flourishing and character (not mere pleasure or desire satisfaction), which means the founding principles carry substantive moral content rather than a thin, value-neutral individualism. Jonathan Gienapp, Professor of History at Stanford University, broadens and complicates this account by bringing the Declaration’s historical context into sharper focus. He emphasizes that the document’s immediate purpose was political: to justify revolution and to define legitimate liberty as non-domination—being governed by laws made with genuine representation and consent rather than by an alien will. Gienapp presses George to connect moral freedom-for-flourishing to political freedom-as-self-government: what changes if we place republicanism and democracy at the center of the Declaration’s promise, alongside natural rights? He also signals that the Declaration did not simply announce shared principles; it generated intense argument almost immediately over what “liberty” and “licentiousness” meant in practice, setting up a long-running contest over whose interpretation truly carried forward the Revolution’s aims. Connect: Episode Transcripts >>> Stanford Legal Podcast Website Stanford Legal Podcast >>> LinkedIn Page Stanford Constitutional Law Center >> Website Stanford Law School >>> Twitter/X Stanford Lawyer Magazine >>> Twitter/X Chapters: [00:00:26 – 00:04:40] Chapter 1 — Series finale setup + introducing the speakers Host Michael McConnell closes out The Declaration at 250 and tees up the theme: the Declaration as a “promissory note,” then introduces Robert P. George and Jonathan Gienapp and frames the conversation as a capstone debate.[00:04:40 – 00:42:48] Chapter 2 — Robert P. George’s case: natural rights, civic virtue, and “freedom for” flourishing George argues America’s failures come from infidelity to the Declaration, not devotion to it, and grounds rights in a Creator and natural law. He reframes life, liberty, and the pursuit of happiness as moral claims aimed at virtue, ordered liberty, and human flourishing—not license or pleasure.[00:43:00 – 00:47:45] Chapter 3 — Jonathan Gienapp’s first question: liberty as non-domination and self-government Gienapp presses the political meaning of liberty at the founding—freedom as non-domination under representative institutions and consent. He asks how George’s moral account of liberty connects to republican self-rule and the Declaration’s grievance-driven justification for revolution.[00:47:45 – 01:00:19] Chapter 4 — Jonathan Gienapp’s second and third questions: wealth inequality + early fights over “liberty vs. licentiousness” Gienapp adds the material foundations of republicanism—property distribution, anti-aristocracy reforms like abolishing primogeniture/entail—and asks how inequality threatens civic virtue and ordered liberty. He then argues the Declaration sparked immediate, bitter disputes (Federalists vs. Jeffersonians/Jacksonians) over what counted as true liberty and who “captured the soul” of American democracy.[01:00:27 – 01:09:09] Chapter 5 — George’s replies: non-domination affirmed, inequality d
- Aug 6, 202629 min
The Growing Influence of State Solicitors General
Former state solicitors general Michael Mongan and Kevin Gallagher discuss the evolving role of state solicitors general and how states work together to shape legal battles before the Supreme Court. --- When states go to court, the battles are not always divided along party lines. State solicitors general often work across state lines to defend shared interests, coordinate legal strategy, and help shape cases before the U.S. Supreme Court. In this episode, former California Solicitor General Michael Mongan, JD '06 (BA '01), and former Virginia Solicitor General Kevin Gallagher, now partners at WilmerHale, join podcast host Professor Pam Karlan to discuss how the role of state solicitors general has evolved. They discuss multistate litigation, bipartisan coalitions, and how states can work together when their legal interests align. Mongan explains that bipartisan cooperation often happens when “they share sovereign interests as states and those interests are genuinely threatened.” Michael Mongan >>> WilmerHale Page Kevin Gallagher >>> WilmerHale Page Connect: Episode Transcripts >>> Stanford Legal Podcast Website Stanford Legal Podcast >>> LinkedIn Page Rich Ford >>> Twitter/X Pam Karlan >>> Stanford Law School Page Stanford Law School >>> Twitter/X Stanford Lawyer Magazine >>> Twitter/X Chapters 00:00 Introduction 03:03 What does a State Solicitor General actually do? 04:24 Independence from the Governor 06:10 Who speaks for the state? 09:22 How Virginia united every state 12:44 Where red and blue states actually agree 15:12 The mechanics of building a multistate coalition 17:06 Avoiding duplicate briefs: who writes first? 19:53 From public service to a state AG private practice 20:55 Why firms are racing to build state AG expertise 24:57 Favorite cases 28:44 Closing Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
- Aug 4, 20261h 4m
Countering Contemporary Criticism of America's Founding Principles
The real crisis isn’t the Declaration—it’s what we’ve stopped teaching. Peter Berkowitz, Tad and Dianne Taube Senior Fellow at the Hoover Institution, contends that universities have failed at liberal education—the cultivation of citizens prepared to exercise freedom and responsibility. He attributes the breakdown to politicized classrooms, overreliance on narrow “scientistic” approaches in the social sciences, and a professional culture that trains future scholars instead of educating future citizens—leaving graduates with little serious exposure to the Declaration, the Constitution, and the moral logic of self-government. Stephen Haber, Stanford Professor of Political Science, History, and Economics, presses the discussion toward causes and incentives, setting up a debate about who is responsible for the drift and what reforms could realistically restore civic learning. Connect: Episode Transcripts >>> Stanford Legal Podcast Website Stanford Legal Podcast >>> LinkedIn Page Stanford Constitutional Law Center >> Website Stanford Law School >>> Twitter/X Stanford Lawyer Magazine >>> Twitter/X Chapters:[00:00:26 – 00:04:11] Chapter 1: Setting the stakes—The Declaration at 250 and today’s critiques Michael McConnell frames the episode around renewed skepticism of the Declaration’s natural-rights claims—from progressive critiques focused on slavery and domination to post-liberal arguments against “abstract” rights.[00:04:11 – 00:06:54] Chapter 2: Berkowitz’s opening—What the Declaration claims and why critics converge Peter Berkowitz restates the Declaration’s core logic (equality, unalienable rights, consent, and the right to alter/abolish destructive government) and argues that left/right critiques increasingly overlap in their indictment of universal rights.[00:06:54 – 00:17:47] Chapter 3: Universities and the erosion of liberal education Berkowitz contends civic understanding is collapsing because colleges no longer ensure a shared, rigorous education in founding principles, constitutional traditions, and the broader intellectual inheritance needed for citizenship.[00:17:47 – 00:31:00] Chapter 4: From “critical” to “generous” thinking—Mapping the modern critiques Berkowitz argues that criticism without charitable interpretation becomes a “rage to criticize,” then traces postmodern progressive and post-liberal arguments (including Deneen and Vermeule) that reject the Declaration’s rights framework and flirt with radical alternatives.[00:31:00 – 01:04:12] Chapter 5: Human rights, diplomacy, and reform—The Commission and a debate about university governance Berkowitz ties the Declaration to U.S. foreign policy via the UDHR and the Commission on Unalienable Rights, including its aims and controversies; Stephen Haber responds that boards, presidents, and provosts shape campus ideology and that governance-level changes could enable a revival of civic education. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
- Jul 28, 20261h 7m
The Declaration In the Age of General Purpose AI
"The Declaration meets the machine age" In this episode of The Declaration at 250, Michael McConnell frames a question the Founders never confronted: if the Declaration grounds rights in human nature, what happens when machines can generate persuasive, human-like language at scale? Constitutional scholar Alexander Tsesis argues that the Declaration’s conception of rights is inherently human-centered—rooted in consciousness, moral agency, intentionality, and the capacity to participate in a constitutional republic—so AI systems are not and should not become First Amendment rights-holders. He warns that treating large language models as protected “speakers” would be a major break from the Declaration’s principles and could make ordinary democratic regulation—transparency requirements, labeling of synthetic content, safety rules, data practices, and restrictions on deceptive election deepfakes—far harder by forcing courts into strict scrutiny review. Stanford historian Anne Twitty broadens the lens by situating abolitionists’ use of the Declaration within wider 19th-century conflicts over speech and constitutional meaning, reminding listeners that rival traditions—including censorship and suppression—also shaped American practice. She also presses a key tension in Tsesis’s framework: abolitionists championed not only the right to speak, but the public’s right to hear, circulate, and access contested ideas (as seen in the abolitionist postal campaign and opposition to the congressional gag rule). That listener-centered strand, she suggests, could potentially be invoked by scholars arguing for some constitutional shelter for AI-generated communications—an argument Tsesis acknowledges but ultimately resists by emphasizing that the First Amendment’s core purpose is protecting human expression and self-government, not machine output. Connect: Episode Transcripts >>> Stanford Legal Podcast Website Stanford Legal Podcast >>> LinkedIn Page Stanford Constitutional Law Center >> Website Stanford Law School >>> Twitter/X Stanford Lawyer Magazine >>> Twitter/X Chapters:[00:00:26] Chapter 1- Framing Question: Do constitutional rights grounded in “human nature” apply to AI? Host Michael McConnell introduces the episode’s core dilemma: the Declaration’s natural-rights logic underwrites later constitutional protections like free speech—so where does that leave generative AI? [00:01:18] Chapter 2 - Thesis: Why Tsesis says AI can’t be a First Amendment rights-holder Alexander Tsesis argues the Declaration and Constitution are human-centered: AI lacks consciousness, moral agency, and political personhood, so extending rights to LLMs would depart from founding principles and hinder regulation. [00:10:08] Chapter 3 - Regulatory Stakes: What happens if courts treat LLM outputs as protected “speech”? Tsesis warns that First Amendment coverage for AI could trigger strict scrutiny and undermine laws on transparency, labeling, safety, data practices, and election deepfakes—citing recent doctrine and cases like Reed v. Town of Gilbert. [00:52:35] Chapter 4 - Historical Challenge: Do abolitionists’ “right to hear” arguments support listener-centric AI rights? Historian Anne Twitty complicates the record: abolitionists elevated the Declaration, but censorship traditions were strong; she highlights abolitionist campaigns (postal campaign, gag rule) to argue listener rights might bolster pro-AI speech theories. [01:04:17] Chapter 5 - Tsesis Response: Listener rights matter—but is the First Amendment still speaker-centered? Tsesis agrees the right to receive information is important, yet maintains free speech is fundamentally about protecting human intention and self-expression, not conferring constitutional status on machine outputs. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
- Jul 23, 202628 min
The Iran War and the Limits of Presidential Power
Stanford’s Allen Weiner examines how the U.S. war with Iran raises questions about the president’s power to wage war and negotiate peace. --- The American war with Iran began with ambitious goals, including preventing Iran from acquiring a nuclear weapon and potentially bringing about regime change. But the conflict may well be leading to a very different outcome, according to Stanford Law School's Allen Weiner, a scholar of international and human rights law and former State Department lawyer. Just prior to the recent collapse of the tenuous cease fire, Weiner joined podcast host Professor Pam Karlan to discuss how the conflict is arguably strengthening Iran’s most repressive factions while putting economic and diplomatic pressure on the United States. Weiner traces how the conflict grew out of the collapse of the 2015 nuclear deal, asks whether the new agreement with Iran amounts to a weaker version of that accord, and considers how ceasefires and shifting legal rationales have allowed the administration to sidestep Congress and keep the War Powers clock from running out. Allen Weiner >>> Stanford Law School Page Connect: Episode Transcripts >>> Stanford Legal Podcast Website Stanford Legal Podcast >>> LinkedIn Page Rich Ford >>> Twitter/X Pam Karlan >>> Stanford Law School Page Stanford Law School >>> Twitter/X Stanford Lawyer Magazine >>> Twitter/X Chapters 00:00:00 Introduction 00:02:09 Back to the JCPOA—The 2015 Iran Nuclear Deal 00:04:23 From "worst deal ever" to a weaker one 00:04:51 Two rounds of strikes 00:07:11 Regime change that wasn't 00:08:40 The Strait of Hormuz and the global economy 00:09:49 Emboldened by Venezuela 00:11:33 Israel in, NATO out 00:12:27 The new MOU 00:14:31 Israel left off the page 00:17:38 Free transit, for now 00:19:06 Treaty or political commitment? 00:21:36 The War Powers loophole 00:24:26 Can Congress actually enforce the War Powers Act? 00:28:12 Conclusion Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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About Stanford Legal
Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Pam Karlan studies and teaches a range of constitutional law-related courses with a special focus on what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs the Stanford Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark case striking down the federal Defense of Marriage Act and Donald Zarda in a case where the Supreme Court held that Title VII prohibits employment discrimination based on sexual orientation.
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