In June 2015, the Supreme Court ruled that marriage is a fundamental right guaranteed by the 14th Amendment that must be afforded to same-sex couples.  Since then, anti-LGBTQ activists, with funding from creepy right-wing billionaires and help from Republican state legislators in gerrymandered “red” states, have sought new ways to marginalize and bully LGBTQ people. To fracture the unity of LGBTQ people and their allies, the legislative attacks have targeted transgender people. First manufactured concerns about bathroom access, next trans people’s ability to participate in sports, and most recently, attacks on transgender youths and their bodies with the increasing trend of criminalizing trans medicine. How has the medical community responded to the criminalization of practices, which are the standard of care for gender dysphoria, and the insertion of legislators who want to prohibit parents of trans youth from making decisions about their children’s medical care? In this episode, Michigan State Professor stef shuster, who wrote the book wrote Trans Medicines - The emergence and practice of treating gender, joins host Mary Whiteside. *Since recording, the American Medical Association has come of opposing any and all criminal penalties for patients and families attempting to access gender-affirming care and protecting physicians from legal threats for providing care.  **Also, several important Court decisions have come out stopping laws banning or limiting gender-affirming care from taking effect. Huge wins for the trans community! However, these favorable decisions will undoubtedly be appealed, so the fight is not over. Find us @courtpod on Twitter, and May it Displease the Court on Facebook, Instagram, TikTok, and Clapper Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources https://link.springer.com/article/10.1007%2Fs11199-020-01131-3)    https://msutoday.msu.edu/news/2020/toxic-masculinity-is-unsafe-for-men   https://socialscience.msu.edu/news-events/news/archives/2020/2020-06-16.html    ​​https://socialscience.msu.edu/research/thematic/sgm/journal.html    https://jamanetwork.com/journals/jamapediatrics/article-abstract/2783699    https://www.endocrine.org/news-and-advocacy/news-room/2022/endocrine-society-alarmed-at-criminalization-of-transgender-medicine  Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Here in America, the number of people we choose to incarcerate makes up 25% of the world’s prison population. And that statistic was driven by mainly by state and local “tough on crime” prosecutors. Prosecutors have a huge amount of power and control over who get criminally charged, who doesn’t, what crimes get pursued, and what crimes get ignored, who gets a plea bargain, and who gets denied or offered rehabilitative diversion programs.  If you want to change the system the fastest way is to become a reform District Attorney. But while that may be popular with the majority of voters in some areas, even these officials face a ton of well-funded resistance. In this episode, Justin Kollar, who has been working as and for the Reform Prosecutor Movement since 2012 joins host Mary Whiteside to discuss the ways prosecutors can use their power to advance justice and divert resources to truly help communities and make them safer.  Find us @courtpod on Twitter and May it Displease the Court on Facebook, Instagram, TikTok, and Clapper Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources https://fairandjustprosecution.org/about-fjp/our-work-and-vision/    https://www.civilbeat.org/beat/kauai-prosecutor-stepping-down-for-nonprofit-gig/    https://fairandjustprosecution.org/about-fjp/our-team/ Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

The Constitution protects our right to an impartial jury. Still, the normal process of selecting a jury often lets attorneys' unconscious or conscious biases infect jury selection. If a juror’s biases are undetected or dismissed as something that can be set aside, they can inflect the verdict leading to wrongful convictions. Biases are habits of thought or patterns of thinking that include preferences, inclinations, or just impressions. Biases can include cognitive shortcuts that can lead to wrong assumptions or errors in judgment. Judging a past event using what you know today is hindsight bias. Confirmation bias is only seeking information to confirm a prejudgment. All of these are impediments to a fair jury. The stakes could not be higher for an innocent person accused of a crime. If a jury fills in gaps in the government’s proof with stereotypes, hunches, and vague bad feelings, then the  In this episode, trial attorney Rhian Jones joins host Mary Whiteside to discuss the dangers of hidden biases on a jury and ideas to make jury selection better and fairer. Find us @courtpod on Twitter and May it Displease the Court on Facebook, Instagram, TikTok, and Clapper Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources Rhian Jones http://etksdefense.com/attorneys/rhian-jones/ Peremptory Challenges https://www.npr.org/2021/09/06/1034556234/arizonas-supreme-court-eliminates-peremptory-challenges https://civiljuryproject.law.nyu.edu/understanding-bias-preserving-peremptory-challenges-preventing-their-discriminatory-use-and-providing-fairer-and-more-impartial-juries/  https://abovethelaw.com/2015/11/criminally-yours-dont-eliminate-peremptory-challenges/ Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

We hear the terms cancel culture and wokeness thrown around these days, but do you know what they mean? A common defense tactic of someone embroiled in a public and embarrassing controversy is to proclaim loudly, through their platforms, they have been canceled, and of course, the people canceling them have to be woke. That is what Dr. Nicholas Niciosa and his wife, Mary, claimed after they received public criticism after it became known that they hosted a party with racist themes at their mansion. A lawsuit was filed by an employee whose supervisor took him and other employees to this party during work hours.  In this episode, we bring back one of the best people on the planet Prof.Lee Pierce. She joins host Mary Whiteside to discuss cancel culture, free speech, and wokeness. Find us on Twitter @courtpod and May it Displease the Court on Facebook, Instagram, TikTok, Youtube shorts, and we will launch a youtube channel soon. Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources: https://www.democratandchronicle.com/story/news/2022/08/11/rochester-ny-firefighter-alleges-captain-took-him-to-racist-party-mocking-juneteenth/65400205007/  Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

The Conservative majority on the Supreme Court is upending the legal landscape overturning cases like Roe v. Wade, making it almost impossible for states to enact limits on gun possession, and more, all under the guise of a legal theory called originalism.  In this episode, we bring back one of our most popular guests, Prof. Eric Segall. He joins host Mary Whiteside to discuss his book Originalism as Faith. Listen as Professor Segall debunks originalism as a legal theory. Self-avowed originalists on the Supreme Court only use the Constitution's original meaning in their opinions when it helps their argument. But, even though they claim originalism is the only correct method of Constitutional interpretation. They effortlessly abandon originalism when it doesn’t help them reach their desired results. In short, originalism is nothing more than a rhetorical device that plays well on Fox News. It masks the Justices’ true motive, which is to impose their moral value judgments on the rest of us without admitting that it is their views. They prefer to claim that they are only doing the will of the Founders, which somehow matches identically with what the Republican Party and their wealthy and religious donors want them to do. What luck! Find us on Twitter - Prof. Segall is @espinsegall and @scotussegall on TikTok The podcast is @courtpod on Twitter and May it Displease the Court on Facebook, Instagram and TikTok Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources: Originalism as Faithhttps://www.abebooks.com/Originalism-Faith-Segall-Eric-J-Cambridge/30213915736/bd?cm_mmc=msn-_-comus_shopp_textbook-_-naa-_-naa&msclkid=a2162b84717d1beb3eb94831ae6abfb3  Read more from Prof. Segal - Originalism as Dangerous Nonsense http://www.dorfonlaw.org/2022/11/originalism-as-dangerous-nonsense.html?m=1  Additional Referenceshttps://slate.com/news-and-politics/2022/06/alito-dobbs-opinion-ending-abortion-rights-extreme-lines.html https://nysba.org/the-supreme-courts-bruen-decision-and-its-impact-what-comes-next/ https://www.exposedbycmd.org/2021/11/29/koch-spent-nearly-150-million-2020  Article on Willie Simmons:  https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Political divisions are driving wedges at all levels, national, state, communities, and families. The fracture may seem unbridgable. But Americans agree that our government does not work for us. It works for the rich and powerful. Even acknowledging the problem can make you feel overwhelmed, and the knee-jerk reaction is often to look away because the solution feels impossible to achieve.  In this episode, Daniel G. Newman joins host Mary Whiteside to discuss his graphic novel Unrig: How to fix our broken democracy, art by George O’Connor. Unrig a nonfiction graphic novel by democracy reform leader Daniel G. Newman and artist George O’Connor takes readers on a journey. First it explains how the system is rigged in favor of the rich and powerful and then highlights the heroic efforts of those unrigging the system to limit the influence of big/dark money and to return political power to the voters.  ​”If you're overwhelmed by negative news and despairing for the direction of our country, Unrig is a tonic that will restore your faith and reveal the path forward to fix our broken democracy.” Find us on Twitter - Daniel is @danielgnewman, and the podcast is @courtpod. Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources: Learn about and buy Unrighttps://www.unrigbook.com/ Check out Daniel’s organization Maplighthttps://www.maplight.org/Article on Willie Simmons:   https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Kathy Krauseneck, a wife and mother of a three-year-old girl, was murdered with an ax while sleeping in her bed nearly 40 years ago. Her husband, James, was initially a suspect, but almost 40 years passed, and no one was charged in Kathy’s death. The District Attorney reopened the case, and a new forensic pathologist looked at the evidence.  Armed with a new forensic opinion, the DA’s office indicted James for the death of his wife 40 years ago, claiming the case is solved. But is it In this episode, we speak with defense attorney Don Thompson, whose firm Easton, Thompson, Kasperak, and Shiffrin, represent James and attorney Alison Carling, who used to live in the house which was the crime scene of the infamous Brighton Ax Murder.  Find us on Twitter - @courtpod.  Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources https://news.yahoo.com/james-krauseneck-sentenced-25-years-205415303.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuYmluZy5jb20v&guce_referrer_sig=AQAAACDrNVg0af3GFiGtqs7EFbZnjb2h_Tn3ZkHe_DIpxV9wnRszg6XHMQ1ye4wMvkviPZzSzAJvrMPFpYfXrJIT-bCf9QEEgZLt_4tP_we3cdwWxecPj_1QGYv_wyX0lFKqXTRzolDAJpJ5DtfYlSP9ExtcLp4BG05Yp20mv1AXO74L https://www.oxygen.com/crime-news/james-krauseneck-gets-25-to-life-for-wifes-1982-ax-murder https://www.thedailybeast.com/jeffrey-epstein-camp-sends-pathologist-michael-baden-to-watch-over-his-autopsy https://nymag.com/intelligencer/2019/10/why-to-be-skeptical-of-michael-baden-on-epsteins-death.html https://vimeo.com/58066171 https://www.zillow.com/homedetails/33-Del-Rio-Dr-Rochester-NY-14618/30904078_zpid/ Article on Willie Simmons:  https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

In this episode, we continue the taboo discussion about law clerks. Only this time, we get even more controversial.  Did you know that Federal Judges empowered to judge discrimination and harassment cases are exempt from the same anti-discrimination laws that apply to other government branches and private employers? Yup, Judges are above the law. And some Judges abuse their staff with impunity.  In this episode, we speak with Aliza Shatzman, co-founder of The Legal Accountability Project, a nonprofit aimed at ensuring that law clerks have positive clerkship experiences while extending support and resources to those who do not.  Find us on Twitter - @courtpod.  Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources: https://ballsandstrikes.org/ethics-accountability/judicial-accountability-act-2021/Former 9th Circuit Court of Appeals Judge Alex Kozinski https://www.washingtonpost.com/world/national-security/judge-who-quit-over-harassment-allegations-reemerges-dismaying-those-who-accused-him/2018/07/23/750a02f2-89db-11e8-a345-a1bf7847b375_story.html Legal Accountability Project website https://www.legalaccountabilityproject.org/   Article on Willie Simmons:  https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

In this episode, we examine how you can use the courts to fight police brutality.  A brief review of the death of Daniel Prude, which we discussed at length in a previous episode. Imagine your brother is visiting you from out of state. Sadly, he experiences a mental health crisis and runs out of your house on a freezing winter night. You call the police, desperate, asking for help finding your brother. You have no idea that getting the police involved will cause your brother to die. That is what happened to Joe Prude and Daniel Prude in March 2020. Police found Daniel naked, clearly unarmed, acting erratically in the freezing cold. Daniel’s life ended seven days after police handcuffed him, naked, face down in the middle of the street, put a spit sock over his head and restrained him on the ground until he lost consciousness. Police and government officials tried to cover up police actions that resulted in Daniel’s death. Don sued to have the police body camera footage released to the family and held a press conference to inform the public.  Protests erupted, and the police cracked down hard.  In this episode, we speak with Don Thompson, Joe Prude’s attorney. He will update you on Daniel Prude’s family’s wrongful death litigation against the Rochester Police and City government.  Also, what happened with the prosecutions of the protesters?  And to fight police brutality directly, Don filed a federal civil rights lawsuit against the police department city and state officials for decades of police brutality.  Find us on Twitter - @courtpod.  Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources: Independent Investigation into Daniel Prude’s Deathhttps://ecbawm.com/wp-content/uploads/2021/03/Final-Report-of-the-Independent-Investigation-of-the-City-of-Rochesters-Response-to-the-Death-of-Daniel-Prude-issued-March-12-2021-00452102x9CCC2.pdf Prude Update - GJ/Prosecutors Rolehttps://www.newyorker.com/news/our-local-correspondents/the-high-price-of-a-new-york-city-cop?utm_source=nl&utm_brand=tny&utm_mailing=TNY_Daily_052421&utm_campaign=aud-dev&utm_medium=email&bxid=5be9d7e02ddf9c72dc252b18&cndid=25532216&hasha=de721cbe54e50bd1d0f198806b4d43ca&hashb=ee6c8266d070ad53598f1e645563b7aadbc07640&hashc=9634c4fd1ba5a0cf20a1b0fcdee3b9f159c9d7599530ab57e160b9d4f5fe40e2&esrc=AUTO_PRINT&utm_term=TNY_Daily&fbclid=IwAR1F686mqjZJig3RHSft4uZM5FWmD7qQlYjJR7MSKbQW9I5UWuBVSvXDm9Q Article on Willie Simmons: https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/

Mary was a recent guest on HILF - History I'd Like to F**K with Dawn Brodie to discuss the Supreme Court. Dawn is joined by lawyer, Mary Whiteside, for a journey through the often-dark history of America's highest court. Hear about the worst villains, the occasional heroes - and why Mary and Dawn both still have hope for the future. EPISODE SUMMARY Dawn is joined by lawyer, Mary Whiteside, for a journey through the often-dark history of America's highest court. Hear about the worst villains, the occasional heroes - and why Mary and Dawn both still have hope for the future. EPISODE NOTES Dawn met guest, Mary Whiteside, while they were both backlot tour guides at Universal Studios, Hollywood. When Mary suggested the HILF subject of the Supreme Court, Dawn was a bit stymied. The legal system can feel a little dark, a little depressing, and just too damn hard to understand sometimes - with the dates and the names and the precedents and -- what's an amicus? Which is why Dawn immediately said yes, because Mary is not just a guest with a HILFY curiosity, she's a real lawyer, and a mom, and funny and cool and ready to go down on Justice... 00:02:13 - Dawn introduces Mary with a question of how a lawyer found herself being a movie studio tour guide to begin with. Mary explains that she was always interested in being a performer but that being a lawyer gave her (and her mom) the security she was looking for. ...And performing for the jury is like a little play.  00:08:22 - Along with the subject, Mary assigned Dawn the book INJUSTICES by Ian Millhiser. 'The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted.' It is a dark path through some dark history which, as Mary says, gives you lots stuff to get pissed off about it. 00:12:40 - Dawn begins with a quick overview of your middle school social studies, and the origin of the Supreme Court in the constitution. As one of the three branches of government, the purpose is to create reasonable checks and balances on the Executive and the Legislative... That's it's purpose, but certainly not always it's function.  00:19:14 - Mary gives the HILF on the individual that she thinks is the 'best' justice to have ever served on the Supreme Court, Sonia Sotomayor.  00:29:17 - Dawn and Mary discuss the history of the changing number of justices on the Supreme Court from 5 in the very beginning, to as many as 10 after the Civil War. FDR briefly discussed raising the number to 15 but was quickly shot down politically for even suggesting it. Today, the subject has come up again and is no less controversial.  BREAK 00:37:18 - Dawn and Mary resume with a conversation about what it's like to be a Judge and how they are the closest thing to Royalty we have in America, given their lifetime appointments.  00:40:25 - After discussing the 'best' Justice ever to have been on the court, Mary now gives us the 'worst'... and what do you know, it's another one who is sitting there currently, Clarence Thomas. In addition to questioning the constitutionality of his decisions, Mary takes issue with the ethics of his wife, Ginny Thomas working as a powerful lobbyist and consultant on cases he oversees.  00:57:56 - After a lot of bad news and despair for the cause of democracy, Dawn and Mary discuss how the idea of Revolution is both the greatest threat and the last resort of any System... and too many people want it for too many different reasons.  01:03:08 - And before we sign off, as promised, a little home. The latest justice, Ketanji Brown Jackson, has a strong record and can be a sound voice of reason in an unreasonable time. And of course we can still vote... for now.

A podcast uncovering all the ways our legal system is unjust.

Picture a single mom sitting on her couch in Houston with her one and three-year-old when suddenly the police are at her door and arrest her. They took her to jail. Put her children in foster care. She doesn’t know where they are or who cares for them.  You might think this woman must be a dangerous criminal to justify disrupting this family and traumatizing these children. No. This happened because a mother could not afford to pay a court debt of a few thousand dollars. The Houston Courts then gave her the choice of sitting in jail at $25 per day to “pay her debt” or working as a janitor to “earn” slightly more money so she could get out of jail a little faster and try to find her babies. This woman inspired Civil Rights Attorney Alex Karakatsanis, founder of Civil Rights Corp to file a lawsuit challenging this oppressive cash bail system. In this episode, Alec Karakatsanis joins host Mary Whiteside and Prof. Lee Pierce to discuss his book Usual Cruelty - The Complicity of Lawyers in the Criminal Justice System.  Alec is a radical thinker challenging the status quo. He reframes the criminal justice system as a punishment bureaucracy. Alec challenges lawyers, in particular, “to examine why the punishment system exists and how it functioned throughout history as a mechanism of preserving white supremacy and the distribution of economic wealth and social control.” This interview also ran in the New Books Network Podcast series. Find us on Twitter - Alec Karakatsanis is @equalityAlec and the podcast is @courtpod.  Drop an email at mayitdispleasethecourt@gmail.com.  We would also love to rate and review the show. It helps others find the program. Sources: Usual Cruelty: The Complicity of Lawyers in the Criminal Justice System https://www.amazon.com/Usual-Cruelty-Complicity-Criminal-Injustice/dp/1620975270/ref=asc_df_1620975270?tag=bingshoppinga-20&linkCode=df0&hvadid=80539318468052&hvnetw=o&hvqmt=e&hvbmt=be&hvdev=c&hvlocint=&hvlocphy=&hvtargid=pla-4584138864254121&psc=1  Civil Rights Corp: https://civilrightscorps.org/alec-karakatsanis-founder-executive-director/  Article on Willie Simmons:  https://www.essence.com/news/willie-simmons-life-prison-alabama-habitual-offender/ Danielle Ponder https://daniellepondermusic.com/

Do you think Judges who hate Black people should be allowed to decide cases? What about Judges who hire law clerks who–allegedly– “hate black people”; is that okay? The U.S. Judicial Conference reopened investigations into Judges William Pryor and Corey Maize regarding the hiring of Crystal Clanton, who purportedly sent a text message that said she “hates black people.”  I bet you never thought about the influence law clerks have over the cases that come before the Judges they serve. It is time to break the unwritten lawyer code of not talking about the power and influence of Judicial Law Clerks. Georgia State University Law Professor and author Eric Segall joins host Mary Whiteside to peek behind the bench and talk about what law clerks really do and how much silent power they wield.  Find the podcast on Twitter @courtpod or drop an email at mayitdispleasethecourt@gmail.com. We would also love to rate and review the show. It helps others find the program. Sources Cited Supreme Myths Podcast https://podcasts.apple.com/ie/podcast/supreme-myths/id1523903890  Supreme Myths - Why the Supreme Court is not a Court and its Justices are not Judges https://www.indiebound.org/book/9780313396878  https://blog.harvardlawreview.org/author/ericsegall/ https://www.law.com/dailyreportonline/2021/10/15/law-professor-calls-for-mea-culpa-from-judge-and-law-clerk-over-racist-rant/?slreturn=20220012161752 https://www.ajc.com/news/georgia-news/judge-pryor-cleared-of-allegations-involving-hiring-of-controversial-clerk/X3JAHI2TQBCUBMTQ5MDHO56FU4/  https://www.washingtonpost.com/opinions/2021/10/08/crystal-clanton-racist-comments-william-pryor-clerkship/  https://www.washingtonpost.com/opinions/2022/01/18/clerk-texts-appeals-court-clanton/  https://www.reuters.com/legal/transactional/federal-judges-cleared-misconduct-after-hiring-clerk-accused-racism-2022-01-14/ https://www.reuters.com/legal/government/us-judicial-panel-orders-probe-into-hiring-clerk-accused-racism-2022-07-08/

Minority representation in positions of power is increasing at all levels of government and on the bench. But, if a minority leader was chosen and promoted by the ruling elites, with an understanding that they would use their position of power to advantage the rich and powerful who put them in power. Then those minority leaders offer the minority group which they came from nothing more than symbolic representation.  We look at Justice Clarence Thomas, Vice President Kamala Harris, Senatorial Candidate Hershel Walker, and Robert Fogg, who may be the next Monroe County Public Defender. And argue that that representation, while important, isn’t enough.   Pitting marginalized groups against each other is bad for coalition building. If a lesser qualified minority is chosen over a more qualified minority because they serve a niche need for representation, it hurts coalition building. For example, suppose a less qualified black person is selected over a more qualified white woman. In that case, it makes it harder for the two groups to unite to fight against the system still dominated by white male patriarchy.  Changing the lives of poor and minority groups requires a focus on achieving policies that redistribute public resources to change their material conditions. A person’s membership in an underserved or minority group should be one factor considered. The most influential leader who will improve the lives of underserved minorities will be the person who will fight for institutional reforms and get them effectively implemented. Sources https://www.thedailybeast.com/herschel-walker-is-the-saddest-senate-candidate-ive-ever-seen https://www.cnn.com/2021/05/02/politics/caitlyn-jenner-transgender-athletes-california-recall/index.html    https://www.democratandchronicle.com/story/news/local/2022/07/28/monroe-county-legislature-president-sabrina-lamar-says-robert-fogg-her-choice-for-public-defender/65384873007/ https://www.democratandchronicle.com/story/news/2021/11/19/monroe-county-public-defender-tim-donaher-not-seek-reappointment/8688265002/    https://www.rochestercitynewspaper.com/rochester/candidates-make-their-cases-to-lead-the-monroe-county-public-defenders-office/Content?oid=14523858#:~:text=The%20Monroe%20County%20Public%20Defender%E2%80%99s%20Office%20was%20created,with%20one.%20Annually%2C%20it%20handles%20thousands%20of%20cases. http://etksdefense.com/ed-nowak-appellate-superstar/    Usual Cruelty: The Complicity of Lawyers in the  Criminal Justice System by Alec KarakatsanisN-word vs. F-word, Black v. Gay: Uncovering Pendejo Games to Recover Intersections by Catherin R. Squiresco in the book Critical Rhetoric of Race by Kent A. Ono

Your host and NY appellate attorney, Mary Whiteside, looks at the arbitrary and opaque political appointment of the next Public Defender in the Monroe County Public Defender’s Office as a microcosm of America’s dysfunctional legal system. In one of the busiest court systems in the country (15,000 new cases in 2021), the stakes of the next MCPD appointment for the office are high—especially for the low-income and minority defendants this office is meant to serve. If we want the American legal system to start practicing what it preaches—namely, equality and democracy—then counties like Monroe need Public Defenders who, among other things: Are experienced supervisors, preferably with experience running a large office with a budget, not just a solo practitioner See themselves as the LAST line of defense for poor people against the well-funded power of the governmentKnow something about the county and have some investment in the local area Several exceptionally qualified Assistant Public Defenders from the Monroe County Public Defender’s Office applied to become the next Public Defender. Any one of these people would have been an excellent choice. But the political process rejected all of these candidates in favor of a person who is none of these things.  If Monroe County Legislature President Sabrina LaMarr’s recommended appointment goes through, which it almost certainly will, decades of reform are at risk. Which begs the question: why is LaMarr bringing a less qualified, outside candidate rather than tapping into the wealth of experience and indigent service already available within the public defender’s office? Why have LaMarr’s individual preferences come to stand in for reasonable and well-informed decision-making? What are the stakes for the defendants of Monroe County? And the rest of America, if this process is any indication of what’s happening across the country? Find the podcast on Twitter @courtpod or drop an email at mayitdispleasethecourt@gmail.com. We would also love to rate and review the show. It helps others find the program. Sources Cited https://www.democratandchronicle.com/story/news/local/2022/07/28/monroe-county-legislature-president-sabrina-lamar-says-robert-fogg-her-choice-for-public-defender/65384873007/https://www.rochestercitynewspaper.com/rochester/candidates-make-their-cases-to-lead-the-monroe-county-public-defenders-office/Content?oid=14523858#:~:text=The%20Monroe%20County%20Public%20Defender%E2%80%99s%20Office%20was%20created,with%20one.%20Annually%2C%20it%20handles%20thousands%20of%20cases.http://www.thebuffaloattorney.com/https://twitter.com/gcraig1/status/1552743762274689024https://danielleponder.com/home "Some Will Be Brave"https://www.democratandchronicle.com/story/news/2020/07/01/danielle-ponder-rejoining-public-defenders-office-boost-diversity/5358735002/

Episode 19- Texas Goddamn – Show Notes In this episode attorney, Mary Whiteside breaks down the tyranny emerging in Texas caused by the Republican controlled state legislature, which has enacted laws written by Dark Money funded political operatives like ALEC and SNP, groups designed to write right wing laws to benefit Dark Money donors and religious zealots .This unholy alliance has seemingly unlimited funding, which has been used to capture a large part of the Federal Judiciary including the Supreme Court. What is happening in Texas is the plan for the rest of the country. This is the all hands on deck moment for democracy and the rights of the majority of its citizens. MAIN POINTS:  The Texas 6 week abotion ban was passed to please the religious zealot voting block (aka the pro-life voters). The specifics of the far right agenda is deeply unpopular with voters because it hurts everyone who is not extremely rich. Therefore, they needed to build a coalition of voters. The religious zealot voting block only focuses on overturning Roe v. Wade leaving the Koch politicians free to enact other policies without scrutiny. The Captured Supreme Court was installed to make sure Roe is overturned or gutted to the point of practical irrelevance. The Robert’s Court is fulfilling their promise to the Dark Money Texas enacts the Koch operatives’ long term strategy by passing the most restrictive voter suppression/restrictions, which is the key to permanently installing an autocratic Christian Nationalist minority. Part 3 looks at all the other laws Texas passed this year to advance the Koch project to make America hospitable for corporations and the ultra wealthy. CONCLUSION: We need to pressure the Democratically controlled Congress and President Biden to pass these laws.  The Women’s Health Protection Act - This bill would establish a statutory right for health care professionals to provide abortion care and the right for their patients to receive care, free from bans and medically unnecessary restrictions that single out abortion care.The Judicial Ads Act would require identification of donors who fund advocacy campaigns aimed at confirming their favored nominees. The Disclose ActThe For the People Act, TheFreedom to Vote Act We also need to make our voices loud, especially with our state, local and national representatives. We need to spend our money strategically and stop giving money to fossil fuel and businesses that are using their wealth to undermine and weaken democracy. Resources https://www.texastribune.org/2021/08/31/new-texas-laws-september-2021/https://www.khou.com/article/news/local/texas/new-texas-laws-2021/285-d5170afe-e39c-401f-a575-bf110bba780bhttps://www.brennancenter.org/our-work/analysis-opinion/texass-proposed-voter-suppression-lawhttps://www.democrats.senate.gov/imo/media/doc/Captured%20Courts%20-%20Reproductive%20Rights.pdf https://www.npr.org/2021/07/09/1014579306/texas-republicans-have-a-new-voting-bill-heres-whats-in-it https://www.uclalawreview.org/the-equality-argument-for-abortion-rights/  Need More Access Follow the pod on Facebook, Twitter @courtpod to see what we think about current events and let us know your thoughts.Have compliments, criticisms, or suggestions. Email us at displeasethecourt@gmail.comSubscribe so you don’t miss an episode on iTunes/Apple Podcasts, Google Podcasts, Podbean, Spotify,  Sticher,  Vurb, or via RSS.Rate and Review (5 Stars!) the show to help people find us.

Episode 18- No Seriously, Eat the Rich – Show Notes Appellate attorney, Mary Whiteside is joined by Professor of Rhetoric, Lee Pierce and today we are looking at how the legal system was rigged to protect the rich and well connected. To understand just how rigged the system is we have to understand a little bit more about the stinking filthy rich. This episode takes a peek inside their private jet lifestyle. The unchecked accumulation of wealth creates a vast disparity of wealth distribution is the single biggest threat to humanity. We the People can unite to stop it. Tax the Rich to Save the Planet. This podcast looks at the power behind the law. Law is about the rules that we as a society adopt. We think we can change those rules. But, can we? You cannot have an honest discussion about the law without acknowledging and talking about power distribution. The main reason the system is so broken is because it was designed by rich people, who rigged the rules to favor them and people like them especially when the rich people’s priorities come into conflict with poorer people’s rights.  How do the rich really live? Beware, this isn’t some fetishized description of their indulgence luxuries.2) For the rich, crime pays. They don’t get prosecuted for the crimes they commit and if they do get prosecuted they receive light sentences, e.g. the Sacklers, Bernie Madoff. Whereas, the poor get hammered by the system. The police and prosecutors project an image of being tough on crime and focused on law and  order, but in reality they ignore the crimes committed by the rich people, like tax evasion, corporate theft, wage theft, fraud, and vast criminal conspiracies like those perpetrated by the pharmaceutical companies. The police and prosecutors instead shift the public’s attention on individual crimes like assaults, smaller thefts, and drug dealing. They chose to wield the power of the state against the poor. 3) What is the plan? Tax the rich to save the planet. It’s not super complicated, frankly. CONCLUSION: The deadliest of the seven deadly sins is proving to be avarice. The accumulation of gobs and gobs of wealth derived from the underpaid labor of the masses. The ultra rich clearly aren’t going to give their wealth away because if they were they would already have done it. They are miserable, to benefit them and us Tax the Rich to Save the Planet. Resources https://www.simonandschuster.com/books/Jackpot/Michael-Mechanic/9781982127213https://www.nytimes.com/2021/04/28/books/review-jackpot-super-rich-michael-mechanic.htmlhttps://www.cnbc.com/2021/04/14/bernie-madoff-dies-mastermind-of-the-nations-biggest-investment-fraud-was-82.htmlhttps://www.cdc.gov/mmwr/volumes/70/wr/mm7015a1.htmhttps://nymag.com/intelligencer/2021/07/purdue-and-sacklers-agree-to-usd4-5-billion-opioid-settlement.htmlhttps://www.wsj.com/articles/BL-WHB-4703https://www.cnbc.com/2017/11/20/how-much-money-you-need-to-be-happy-according-to-wealth-experts.htmlhttps://bookshop.org/books/jackpot-how-the-super-rich-really-live-and-how-their-wealth-harms-us-all/9781982127213Article: Money Buys Happiness citing a study from Princeton University conducted by economist Angus Deaton and psychologist Daniel Kahneman Need More Access Follow the pod on Facebook, Twitter @courtpod to see what we think about current events and let us know your thoughts.Have compliments, criticisms, or suggestions. Email us at displeasethecourt@gmail.comSubscribe so you don’t miss an episode on iTunes/Apple Podcasts, Google Podcasts, Podbean, Spotify,  Sticher,  Vurb, or via RSS.Rate and Review (5 Stars!) the show to help people find us.

In this special episode of May it Displease the Court, a podcast about how unjust the court system has always been, but especially in this age of rampant misinformation, produced specifically for The Big Rhetorical Podcast Carnival. The Carnival runs from August 16-19, 2021. Check out participating podcasts who all produced episodes incorporating this year’s theme “Contending with Misinformation in the Community and the Classroom”. The Carnival culminates with the keynote speaker, Dr. Renee Hobbs, Professor of Communication Studies at the Harrington School of Communications and Media and Founder of the Media Education Lab at the University of Rhode Island.  Mary Whiteside, an attorney, is joined by expert guest, Dr. Amanda Cronkhite, an assistant professor at the US Army School of Advanced Military Studies at Fort Leavenworth. Dr. Cronkhite’s research focuses on the role of media and information in politics and national security. Her latest published research looks at #FakeNews and the handling of misinformation in the media. This episode looks at how misinformation spreads throughout populations, as well as how easy it has become to create deep or cheapfakes, which may become a problem in courtrooms. Here are the highlights: MAIN POINTS: 1) A small percentage of social media users share an overwhelming majority of the mis/mal or dis-information out there, especially if it confirms their existing prior biases.  2) Strategies for combating misinformation or mal-information include: teach individuals to check for fact-checking articles about a news storytrace the source of information read laterally, that is, check other sources' evaluations of the story's source3) One type of misinformation, deepfakes, which are videos produced or altered to present content that never occurred in real life and the technology to produce videos has evolved so quickly that now it can be done cheaply even from a single image. Mary and Dr. Cronkite explore weather deepfakes can create a big enough doubt to be reasonable so often that they create a “liar’s dividend” as described in (Chesney and Citron 2019) that undercuts the existing legal system? Resources mis/dis/mal-info written: https://rm.coe.int/information-disorder-report-november-2017/1680764666mis/dis/mal-info video: https://www.weareiowa.com/video/news/local/explaining-the-difference-between-disinformation-misinformation-and-malinformation/524-151c0a53-76d8-4481-842f-116a527f5ad4Kahneman book https://bookshop.org/books/thinking-fast-and-slow/9780374533557Peter W. Singer on media literacy https://time.com/5932134/cyber-citizenship-national-priority/Estonia & media literacy https://www.educationestonia.org/finland-denmark-and-estonia-top-the-media-literacy-index-2021/Foreign Service https://careers.state.gov/work/foreign-service/officer/The Conversation is a website where scholars write about their work for the mass public. Some articles from there:How to not become a misinfo spreader https://theconversation.com/7-ways-to-avoid-becoming-a-misinformation-superspreader-157099How to talk to misinformed family members https://theconversation.com/how-to-talk-to-someone-you-believe-is-misinformed-about-the-coronavirus-133044 https://www.washingtonpost.com/technology/2021/05/14/deepfake-cheer-mom-claims-dropped/https://apnews.com/article/dc-wire-donald-trump-health-coronavirus-pandemic-election-2020-b7e929bb8d49b77d0922eae7ad3794b7https://www.journalism.org/2020/09/28/many-americans-get-news-on-youtube-where-news-organizations-and-independent-producers-thrive-side-by-side/https://www.pewresearch.org/fact-tank/2018/10/23/younger-americans-are-better-than-older-americans-at-telling-factual-news-statements-from-opinions/ https://www.npr.org/2021/06/17/1007472092/facebook-researchers-say-they-can-detect-deepfakes-and-where-they-came-from   Need More Access Follow the pod on Facebook, Twitter @courtpod to see what we think about current events and let us know your thoughts.Have compliments, criticisms, or suggestions. Email us at displeasethecourt@gmail.comSubscribe so you don’t miss an episode on iTunes/Apple Podcasts, Google Podcasts, Podbean, Spotify,  Sticher,  Vurb, or via RSS.Rate and Review (5 Stars!) the show to help people find us. ​​​​

In this episode, host Mary Whiteside welcomes Julie Cianca, a Monroe County Public Defender. Julie is a 26-year veteran trial attorney running for Monroe County Court Judge.  The Judiciary at the state and federal level is heavily male, white, and straight. The reform movement has focused a lot of attention on increasing diversity by getting more women and people of color on the bench. To expand the bench to include people with different backgrounds and perspectives. However, not enough attention has focused on how a person’s professional background shapes their priorities. The vast majority of the judiciary at the state and federal level is composed of former prosecutors, corporate attorneys, and government attorneys. A much smaller percentage were public defenders or civil rights attorneys.  Mary spoke with Julie Cianca about why she is running for Monroe County Court Judge and what she thinks she can bring to the bench.   Here are a few highlights: 1) Most Judges act as if their job is to rubberstamp the actions of the police and the prosecution. Whereas a public defender’s job is to fight for the Constitution. To ensure that the police, the prosecution, and the Judge affords their client all of the protections guaranteed to them under the state and federal constitutions. This makes everyone safer and is the perfect training for a Judge.  2) Even if it is unpopular, it is a Judge’s responsibility and obligation to suppress unconstitutionally obtained evidence. While this is frustrating to police it also serves to teach them how to do their job better by showing them what is and is not allowed under the Constitution.  3) If a person is convicted they have to be sentenced. A public defender is used to taking the time and effort to understand the people accused and convicted of crimes. In a system of mass incarceration and a prison bureaucracy, a more balanced bench can help curb the trend of longer and longer sentences without any empirical data to show they are effective at increasing public safety.  Finally, we encourage everyone to pay attention to their local judicial races and especially to the candidates' backgrounds. In Monroe County, New York Primary Day is June 22nd. Please get to know who is running and make sure you VOTE! Check out Julie Cianca’s Website: http://ciancaforcountycourt.com/ Follow Julie on Facebook: https://www.facebook.com/julieciancaforcountycourt For more on Julie’s work as a Public Defender: https://rochesterbeacon.com/2019/10/10/the-public-defenders-burden/ For Monroe County Voting Information: https://www.monroecounty.gov/elections Resources https://slate.com/news-and-politics/2021/06/cuomo-criminal-justice-court-nominees.html?fbclid=IwAR3jjrDQEKF0pljVxCSm3tG9YyjzqhWOzqx9cR_w5CvoHFv9RgV-Kph33aghttps://www.law.com/newyorklawjournal/2021/06/04/singas-nomination-to-ny-court-of-appeals-draws-concern-from-law-professors/?slreturn=20210504151541https://www.nydailynews.com/opinion/ny-oped-senate-oversee-this-court-20210606-cufiprvi5zacfc3vol3pranlbm-story.html?outputType=amp&__twitter_impression=true&s=04&fbclid=IwAR333yxeP6Tdjou5G4Z8KPWsjxaVIk7vlU6usMBk6cLP6T2NUoJPUT7L7tUhttps://www.nysenate.gov/newsroom/press-releases/alessandra-biaggi/new-york-state-senators-issue-joint-statement-oppositionhttps://spectrumlocalnews.com/nys/central-ny/ny-state-of-politics/2021/06/08/singas--cannataro-confirmed-for-new-york-s-top-courthttps://www.northcountrypublicradio.org/news/story/43907/20210608/cuomo-s-court-nominees-approved-but-faced-scrutiny-from-the-left-and-the-righthttps://www.cato.org/study/are-disproportionate-number-federal-judges-former-government-advocates#introduction-summary-findingshttps://www.vox.com/2021/3/30/22358434/biden-first-judicial-nominees-ketanji-brown-jackson-public-defenders-diversity-criminal-justicehttps://splinternews.com/why-public-defenders-are-less-likely-to-become-judges-a-1793855687   Need More Access Follow the pod on Facebook, Twitter @courtpod to see what we think about current events and let us know your thoughts.Have compliments, criticisms, or suggestions. Email us at displeasethecourt@gmail.comSubscribe so you don’t miss an episode on iTunes/Apple Podcasts, Google Podcasts, Podbean, Spotify,  Sticher,  Vurb, or via RSS.Rate and Review (5 Stars!) the show to help people find us.

HR1 - The Most Important Bill in American History  The episode looks at HR1 or S1 as it is titled in the Senate, the most important bill in Biden’s presidency and, perhaps, in modern American history. It is a must-pass for Democrats, for Biden, and for Democracy worldwide. This bold, comprehensive bill fixes a lot of what has been broken in the past 4 decades. It combats dark money, foreign interference, partisan gerrymandering, but most importantly it raises the national minimum standards to protect voting rights. The Right to Vote is the bedrock of democracy. It’s under massive attack and this bill might just be the only thing that can save it.  This episode is subtitled Why Congress Matters, because it is imperative to know what laws Congress is considering and to be part of that process.   This episode is an in depth primer on HR1 or The For the People’s Act as it is known. This bill does a lot. It is the Democrats taking the fight back to the Republicans who have been chipping away at the ability of the people to participate in government and to elect Representatives who listen to them and advance their interests and priorities.  The provisions of HR1 have 4 main categories  Voting Rights and election security;Campaign Finance Reform - tackles dark money, foreign election interferenceEthics Reform for all three branches of government - important because the Supreme Court is not subject to any ethical standards;A catchall that closes all the loopholes Trump and his kleptocratic cronies used to treat the office of the Presidency and the Executive Branch as their person piggy banks to benefit themselves and their interests at the expense of the country and it outlaws those practices. Who opposes HR1/S1? Republicans, obviously, but also some Democrats. What should be a Democratic legislative slam dunk, a patriotic message screamed from every Demcratic House Representative and Senator is seeming dead on arrival. Under the guise of protecting a legislative procedural rule, unique to the Senate, namely the filibuster. Joe Manchin the ostensibly Democratic Senator from West Virginia penned an Op-Ed coming out against HR1/S1 and declared his firm commitment to keeping the filibuster. He is joined by one of the most annoying alleged-Democratic Senators, Kirsten Sinema from Arizona. She joined Senator Cornyn from Texas, in Texas right after the Texas Democrats temporarily blocked the Republican’s massive voter suppression bill to declare Sinema’s commitment to the filibuster. Seemingly a clear message that they are both in league with the Republicans to suppress the vote. But they are not the only Democratic Senators standing in the way of HR1/S1. Finally, we encourage listeners to advocate for the passage of this bill by following the link below to Vote Save America (a helpful tool from the Pod Save America guys) so they  can contact your Senators and PUSH them to get on board with saving democracy.  Resources https://votesaveamerica.com/forthepeople/https://messagebox.substack.com/p/a-plan-b-for-democracyhttps://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-may-2021https://www.brennancenter.org/our-work/policy-solutions/annotated-guide-people-act-2021https://www.cardin.senate.gov/imo/media/doc/John%20Lewis%20Voting%20Rights%20Advancement%20Act%20one%20pager.pdfhttps://www.brennancenter.org/our-work/research-reports/how-to-restore-and-strengthen-voting-rights-acthttps://www.govtrack.us/congress/bills/116/hr4/summaryhttps://www.motherjones.com/politics/2021/05/heritage-foundation-dark-money-voter-suppression-laws/ Need More Access Follow the pod on Facebook, Twitter @courtpod to see what we think about current events and let us know your thoughts.Have compliments, criticisms, or suggestions. Email us at displeasethecourt@gmail.comSubscribe so you don’t miss an episode on iTunes/Apple Podcasts, Google Podcasts, Podbean, Spotify,  Sticher,  Vurb, or via RSS.Rate and Review (5 Stars!) the show to help people find us.