Fresh Air: A Legal Scholar On 10 Laws 'Ruining America'

Episode Overview Released on March 24, 2025, this episode of Fresh Air delves into the critical analysis of longstanding American laws with legal scholar Elie Mistahl. Hosted by Tonya Moseley, the discussion centers around Mistahl's provocative book, Bad 10 Popular Laws that Are Ruining America. The conversation navigates through the historical and contemporary impacts of these laws, arguing that many pre-1965 statutes remain fundamentally flawed and detrimental to American society.

Guest Introduction Elie Mistahl is a distinguished legal analyst and justice correspondent for The Nation. He serves as the legal editor for the More Perfect podcast by Radiolab and holds an Alfred Knobbler fellowship at Type Media Center. Mistahl is also the author of A Black Guy's Guide to the Constitution, which provides insightful perspectives on American legal structures. In this episode, he presents his latest work, blending humor with incisive legal critique.

Choosing the Target Laws [01:25 – 02:50] Mistahl explains the rigorous selection process for the ten laws featured in his book. He emphasizes focusing on laws that are not only outdated but also inherently harmful and unnecessary, distinguishing them from those requiring reform or updates.

“The laws that I focused on in my book are both consequences, but don't need to be reformed, don't need to be massaged, don't need to be updated for the modern age. They're just stupid. And if we just got rid of them, things would be better the day after we got rid of those laws.”
— Elie Mistahl [01:38]

Pre-1965 Laws and Democratic Ideals [03:42 – 07:04] A significant portion of the discussion addresses Mistahl's assertion that laws enacted before the 1965 Voting Rights Act should be scrutinized for their constitutionality. He argues that these laws were often crafted with anti-democratic or racist intentions, effectively rendering the United States an "apartheid state" prior to landmark civil rights legislation.

“Any law passed before that the Voting Rights Act should be viewed with constitutional skepticism.”
— Elie Mistahl [04:15]

Mistahl clarifies that his stance does not call for the blanket abolition of all pre-1965 laws but rather encourages a reevaluation of their validity in today's context. He highlights the necessity of democratic participation in assessing the continued relevance of these statutes.

Immigration Laws and Current Implications [07:04 – 12:37] The conversation shifts to immigration, with Mistahl critiquing the 1921 Immigration and Nationality Act (INA). He uses the case of Mahmoud Khalil, a green card holder detained under outdated provisions of the INA, to illustrate how such laws facilitate arbitrary and unjust governmental actions without due process.

“That is dumb. That is anti democratic. That should be unconstitutional.”
— Elie Mistahl [08:06]

Mistahl traces the INA's origins to roots steeped in racist ideologies, linking it to Nazi eugenics, and underscores the lack of due process in revoking legal status under this act. He argues that contemporary applications of the INA perpetuate systemic racism and undermine democratic principles.

Voter Registration Laws: An Anti-Democratic Barrier [12:37 – 20:21] Mistahl vehemently criticizes voter registration laws, labeling them as barriers to democratic participation. He points out that unlike other democracies with universal registration, the United States imposes unnecessary hurdles that suppress voter turnout.

“Voter registration, on the other hand, is completely useless. Once we have established the rules for eligibility, everybody who is eligible should be automatically registered to vote.”
— Elie Mistahl [12:54]

He elaborates on the historical context, explaining how post-Civil War registration laws were designed to suppress votes from African Americans and immigrants, thereby maintaining political control among suburban and rural voters. Mistahl advocates for automatic voter registration to enhance participation and restore democratic integrity.

Airline Deregulation and Neoliberalism [21:12 – 28:02] One of the standout discussions revolves around the Airline Deregulation Act of 1978. Mistahl critiques how bipartisan support, particularly from figures like Senator Ted Kennedy, ushered in neoliberal economic policies that prioritized deregulation to the detriment of consumers and public welfare.

“When you give the market what should be a government function, it's not just that the government then has to bail them out when they go poorly, it's that the government never gets the benefits when they do well.”
— Elie Mistahl [26:43]

He contrasts the regulated airline industry of the past, which emphasized service over price competition, with the current deregulated environment where airlines exploit market freedoms, often requiring taxpayer bailouts while withholding benefits from the public.

Congressional Representation and Democracy [28:42 – 35:35] Mistahl addresses the flawed representation in Congress, highlighting that each representative serves approximately 700,000 people—the worst ratio among democracies globally. He traces this inefficiency back to the 1920s when the House of Representatives was capped at 435 members, stifling proportional representation growth alongside population increases.

“If you did that, you'd have to add about 700 Congress people, and that would be better. Having literally more congresspeople would be a more representative government.”
— Elie Mistahl [30:09]

He proposes adopting the Wyoming Rule, mandating one representative per 570,000 people, to ensure fairer representation and enhance the functionality of the Electoral College.

Closing Remarks [35:35 – 37:38] Mistahl shares personal anecdotes about his upbringing and influences, underscoring the blend of personal passion and academic rigor that fuels his critique of American laws. His unique perspective as a Black legal scholar informs his comprehensive analysis of systemic legal shortcomings.

“This was fun.”
— Elie Mistahl [37:36]

Conclusion Elie Mistahl's Bad 10 Popular Laws that Are Ruining America presents a compelling argument for reexamining and repealing antiquated and harmful laws that continue to impede democratic progress and social justice. Through historical analysis and contemporary case studies, Mistahl advocates for legal reforms that align with modern democratic values and societal needs.

Notable Quotes with Timestamps

• “[...] every law passed before 1965 would be deemed unconstitutional.”
  — Elie Mistahl [00:00-00:30]

• “Voter registration... is completely useless.”
  — Elie Mistahl [12:54]

• “That is dumb. That is anti democratic. That should be unconstitutional.”
  — Elie Mistahl [08:06]

• “When you give the market what should be a government function, it's not just that the government then has to bail them out when they go poorly...”
  — Elie Mistahl [26:43]

Relevance for Non-Listeners For listeners who haven't experienced this episode, Mistahl's discussion is an eye-opening exploration of how certain entrenched laws continue to shape and often hinder the American democratic landscape. His insights not only critique existing legal frameworks but also propose thoughtful reforms aimed at fostering a more equitable and representative society.