On this episode, we take stock of developments in the courts and in Congress since this season began. There’s an update on the first case we talked about this season, Brownback v. King. We talk about exciting new cases that the Supreme Court is being asked to take up. Plus, some recent decisions in the lower courts that mean that federal officials are functionally—if not by name—entitled to absolute immunity from constitutional claims in D.C., Texas, Louisiana, Mississippi, Arkansas, Minnesota, Missouri, Iowa, North Dakota, and South Dakota.

Click here for transcript. Click here for Episode 1.

Available on Apple PodcastsSpotifyGoogle PodcastsTuneIn, Stitcher, and Amazon Music.


Scott Michelman, ACLU-DC

Patrick Jaicomo, IJ

Anya Bidwell, IJ


Mohamud v. Weyker cert petition

Byrd v. Lamb cert petition

Black Lives Matter D.C. v. Trump

Frasier v. Evans cert petition / IJ amicus in support of cert

Oliva v. Nivar (cert denied)

Brownback v. King

Recent Episodes

March 16, 2022

State Remedies | SEASON 2, EP. 11

With the doors to federal court closing on civil rights claims, this final episode of Season 2 heads to new terrain: state court. Click here for […]

Read More

August 13, 2021

Persons Who Are Not "Persons" | Season 2, Ep. 8

Section 1983 says that “every person” acting under color of state law shall be liable for violating the Constitution. But in 1951, the Supreme Court […]

Read More