Podcast Summary: Strict Scrutiny – "How to Lose a Democracy in 10 Laws (with Elie Mystal)"
Introduction
In the March 17, 2025, episode of Strict Scrutiny, host Melissa Murray, alongside Leah Litman and Kate Shaw, welcomes Elie Mystal, a renowned columnist for The Nation and author of the upcoming book Bad 10 Popular Laws that Are Ruining America. The episode delves into Mystal's critical examination of ten significant laws that, according to him, are detrimental to American democracy and everyday life.
Elie Mystal’s "Bad 10 Popular Laws"
Elie Mystal introduces his book, explaining the criteria for selecting the ten laws. Unlike choosing the ten worst laws conceptually, Mystal focused on laws that are not only flawed but can be outright repealed to bring immediate improvement to the nation.
Kate Shaw [04:07]: "Our country looks the way it does on purpose, right. It's not an accident. It's not an act of God."
Overview of the 10 Bad Laws
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Voting Registration Laws
- Current voter registration processes are seen as cumbersome and unique to the U.S., unlike automatic systems in other democracies.
- Kate Shaw [13:18]: "All voting registration laws should be repealed. Like there's. We're the only country that does it this way."
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Penalties for Legal Reentry in Immigration
- Mystal criticizes policies akin to Nazi reentry laws, advocating for their complete removal.
- Kate Shaw [13:36]: "That is immoral and wrong. It should be done away with."
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Airline Deregulation Act
- Led to the monopolization of the skies by corporate oligarchs, undermining federal oversight.
- Kate Shaw [14:14]: "The Airline Deregulation act is what gave away the skies and most of our federal government to corporate oligarchs."
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Armed Career Criminals Act (ACCA)
- Mystal views ACCA as a catalyst for the 1994 crime bill, advocating for its repeal.
- Kate Shaw [14:21]: "The ACCA is what started it all. That should be gone."
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Protection of Lawful Commerce in Arms Act (PLCAA)
- Provides extensive liability protections for gun manufacturers, hindering accountability.
- Kate Shaw [14:30]: "The PLCAA, the thing that. The giant liability shield for gun manufacturers, that should be gone."
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Felony Murder Rules
- Unique to the U.S., these rules are outdated and disproportionately affect marginalized communities.
- Kate Shaw [14:45]: "Canada got rid of it in the 90s. Ireland and England, they got rid of it in the 50s. We are behind the times on felony murder."
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Stand Your Ground Laws
- Criticized for being racially biased and leading to unjust outcomes.
- Kate Shaw [15:00]: "Stand your ground. One of the most racist laws we have evidence for. It should be gone."
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"Don't Say Gay" Laws
- These laws suppress discussions around LGBTQ+ issues in education, stifling progress and inclusivity.
- Kate Shaw [15:15]: "Don't say gay. That should be gone."
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Hyde Amendment
- Restricts federal funding for abortion services, limiting bodily autonomy and access to healthcare.
- Kate Shaw [15:25]: "The Hyde Amendment is the only law where you can legally do something, get an abortion, but the Government is not allowed to legally assist you in doing it."
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Religious Freedom Restoration Act (RFRA)
- Used to justify businesses refusing services based on religious beliefs, undermining civil rights.
- Kate Shaw [15:35]: "The RFRA should also be gone. It's ridiculous."
Current Legal Challenges: The Case of Mahmoud Khalil
The podcast shifts focus to the high-profile case of Mahmoud Khalil, a lawful permanent resident facing attempted deportation for organizing protests against Israel's military actions in Gaza. Mystal and the hosts discuss the implications of the Immigration and Nationality Act (INA) and its potential for abuse.
Elie Mystal [17:24]: "This administration is basically providing us a crash course in identifying various laws that are susceptible to gross abuse that we need to get rid of."
Historical Context: INA and Eugenics
Mystal provides a historical analysis of the INA, highlighting its roots in eugenic ideologies that aimed to create an exclusionary nation based on racial and cultural biases.
Kate Shaw [24:59]: "The Secretary of State, on his say-so, can just say, ah, you're against the interest of the foreign policies and remove a legal permanent resident on his whim."
Supreme Court’s Role in Upholding Bad Laws
The discussion touches on how the Supreme Court has facilitated the entrenchment of harmful laws, particularly through interpretations of the Second Amendment and reproductive rights.
Kate Shaw [42:50]: "The Court's interpretation of the Second Amendment is wrong. It's the NRA's interpretation of the Second Amendment."
Impact on Education and Second Amendment Jurisprudence
Mystal critiques the administration's attempts to dismantle the Department of Education, drawing parallels to airline deregulation. Additionally, the misinterpretation of the Second Amendment by the Supreme Court is highlighted as a significant barrier to gun control.
Kate Shaw [35:53]: "Education makes people smarter, and smarter people are more liberal."
Call to Action: Voting and Awareness
Concluding the episode, Mystal emphasizes the importance of informed voting and public awareness in repealing detrimental laws.
Kate Shaw [46:04]: "Vote smarter. Read the laws, read the commentary on the laws... make your voices heard."
Notable Quotes
- Melissa Murray [00:16]: "This would not only violate the promise we all deserve of equal justice under law, it hurts everyone's freedom to control their bodies and their lives."
- Kate Shaw [05:05]: "The country is better."
- Kate Shaw [13:18]: "All voting registration laws should be repealed."
- Kate Shaw [14:45]: "We are behind the times on felony murder."
- Kate Shaw [15:35]: "The RFRA should also be gone. It's ridiculous."
Conclusion
The episode serves as a dire warning about the fragility of American democracy, underscored by the persistence of outdated and harmful laws. Elie Mystal's insights provide actionable steps for listeners to engage in legislative reform and safeguard their rights. The hosts commend Mystal's work and encourage the audience to remain vigilant and proactive in defending democratic principles.
Additional Resources
- Elie Mystal’s Book: Bad 10 Popular Laws that Are Ruining America – Available for pre-order on major booksellers, including Bookshop.org.
- Legal Updates: Ongoing coverage of the Khalil case and executive orders targeting law firms.
- Upcoming Events: Strict Scrutiny Live shows scheduled in Washington, D.C., New York City, and Chicago.
Final Thoughts
Strict Scrutiny continues to offer comprehensive and incisive analyses of the Supreme Court and its impact on American life. This episode, featuring Elie Mystal, is a pivotal exploration of legislative flaws threatening democracy, urging listeners to take informed and decisive action.