Shows
Law & DemocracyThe True Overseer: Should Congress Regulate Elections Like the Supreme Court?
Election law scholarship often operates under key assumptions: that the Supreme Court functions as an “almighty overseer” determining the scope of power for the other branches, and that the states possess “broad authority over elections” that Congress generally should not disturb. In fact, the historical record reveals that Congress possesses “much more power than many people have thought” when it comes to voting and elections. However, many of these powers have “lain dormant for100 plus years,” causing Congress to lose its “muscle memory” for action in this critical space. Leading election law scholar and Dean of the USC Gould School of...
2025-12-1156 min
Let's Find Common GroundThe Courts and the Future of DemocracyCPF Director Bob Shrum joins legal experts Franita Tolson, Jeffrey Toobin, and Alexander "Sasha" Volokh for a discussion on the role and state of the judiciary today. They discuss the role of the courts in safeguarding checks and balances, the James Comey indictment, and how Donald Trump and his administration affect the Supreme Court. This event was in partnership with the USC Gould School of Law. Featuring: Franita Tolson: Dean and Carl Mason Franklin Chair in Law at the USC Gould School of Law Jeffrey Toobin: Contributing Opinion Writer, The New York Times; Bestselling Author of "...
2025-10-111h 08Let's Find Common GroundThe Courts and the Future of DemocracyCPF Director Bob Shrum joins legal experts Franita Tolson, Jeffrey Toobin, and Alexander "Sasha" Volokh for a discussion on the role and state of the judiciary today. They discuss the role of the courts in safeguarding checks and balances, the James Comey indictment, and how Donald Trump and his administration affect the Supreme Court. This event was in partnership with the USC Gould School of Law. Featuring: Franita Tolson: Dean and Carl Mason Franklin Chair in Law at the USC Gould School of Law Jeffrey Toobin: Contributing Opinion Writer, The New York Times; Bestselling Author of "...
2025-10-111h 08
Ologies with Alie WardBonus Episode: THE U.S. CONSTITUTION. Let's read it together.Have you ever read every word of The U.S. Constitution? You don't have to, because I read it with my mouth into your brain in this weird but vital episode on civil liberties. And of course, there are little sidenotes to make sure we both understand it. There has never been a better time to know what your legal protections are. This episode is a follow up to Nomology (CONSTITUTIONAL LAW) with the legendary law scholar Franita Tolson, the Dean and Carl Mason Franklin Chair in Law USC’s Gould School of Law. Start there for the...
2025-06-141h 25
The TakeAnother Take: The US Supreme Court v the voteEvery Saturday, we revisit a story from the archives. This originally aired on October 20, 2020. None of the dates, titles, or other references from that time have been changed. From ballots and deadlines to envelopes and polling places, if it's part of the US election, there's probably a lawsuit about it. This is the most litigated election in US history, and decisions that could swing the result will come down to the nine unelected members of the Supreme Court. A newly appointed conservative justice has fueled fears about the court's power to decide whose votes count, and whose...
2024-11-0226 min
ELB PodcastELB Podcast 6:3 From Nov. 5 to Jan. 6: Are We Prepared for a Fair and Safe Election?What are the risks to a peaceful transition of power once all the votes have been cast?
What can we learn from history and from other democracies about our moment of democratic peril?
How worried should we be about the risks of political violence?
On Season 6, Episode 3 of the ELB Podcast we speak with Republican election lawyer Ben Ginsberg, the Hoover Institution’s Larry Diamond, the Carnegie Endowment’s Rachel Kleinfeld, and USC law dean Franita Tolson.
2024-10-191h 02
Lovett or Leave ItLearn to Love Dr. Pepper feat. Guy BranumGuest host Guy Branum joins us for the final episode of Lovett or Leave It before the return of the king. This week, Martha-Ann Alito (James Adomian) stops by to let her freak flag fly. Dean of USC’s Gould School of Law Franita Tolson explains whether or not we should be terrified of this year’s Supreme Court rulings. Clark Gregg puts the “stage” in late-stage capitalism, and we spin the Rant Wheel one more time before it makes its way back into Lovett’s capable, sunburned hands.Want more of Guy Branum? He'll be at Dr. Grins...
2024-06-151h 34
The BreakdownJanuary 18, 2022 ｜ Guest: Prof. Franita TolsonThe Breakdown is live w/ guest Franita TolsonWhat the hell is going on with the Voting Rights legislation in Congress? Franita Tolson, Professor of Law and Vice Dean for Faculty and Academic Affairs at University of Southern California, is here to break it down with hosts Tara Setmayer and Rick Wilson. Professor Tolson was called on to provide testimony regarding voting rights in a Senate subcommittee hearing where she challenged Ted Cruz on his states issues with voting access. She discusses this experience as well as her book titled "In Congress We Trust?: Enforcing Voting Rights from...
2023-12-2444 minThe BreakdownDecember 1, 2020 | Guest: Professor Franita TolsonThe Breakdown is LIVE at 9pm ET with Professor Franita Tolson
2023-12-201h 13The BreakdownNovember 4, 2020 | Guests: Professor Franita Tolson, Stuart Stevens, Reed Galen and Michael SteeleThe Breakdown is LIVE at 9pm ET with Professor Franita Tolson, Stuart Stevens, Reed Galen and Michael Steele
2023-12-201h 38
ELB PodcastELB Podcast Episode 4:2: Moore v Harper and Potential Threats to American DemocracyWhat is the “independent state legislature theory,” and does a potential Supreme Court embrace threaten American democracy?
Will use of the doctrine raise the risk of election subversion or stolen elections?
How far could the theory go in insulating legislative voting rules from state constitutional review?
On Season 4, Episode 2 of the ELB Podcast, we hear a recent conversation that I moderated with Vik Amar, Derek Muller, Rick Pildes, Carolyn Shapiro, and Franita Tolson.
2022-09-1853 min
The Bob Zadek ShowRestoring the Guardrails of DemocracyThis week I continue my series on the National Constitution Center’s Restoring the Guardrails of Democracy project. While most commentators are glued to the political horse race – obsessing over the 2024 midterms or the latest twist in the Trump saga – my show remains a place to discuss ideas and principles rather then ideology and personalities.Part 1 featured Ilya Somin representing Team Libertarian, who proposed foot voting (among other things) as a simple way to make American government more accountable to the people.Part 2 will feature Professor Edward B. Foley – Ebersold Chair in Constitutional Law at Ohio State Un...
2022-08-2152 min
CAFE InsiderStay Tuned Bonus 8/4: Franita TolsonIn this bonus from Stay Tuned, Franita Tolson, a constitutional law professor at USC and election law expert, discusses felony disenfranchisement, the prospect of mandatory voting, and teaching constitutional law in the age of this particularly politicized Supreme Court.Thank you for being a member of the CAFE Insider community.Tweet your questions to @PreetBharara with hashtag #askpreet, email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail.Stay Tuned with Preet is brought to you by CAFE and the...
2022-08-0408 min
Stay Tuned with PreetBattle for the Ballot (with Franita Tolson)In June, the Supreme Court agreed to hear a case that could deliver a huge blow to voting rights. The case, Moore v. Harper, could affirm the little-known “independent state legislature doctrine”— and could have dire consequences for democracy. Franita Tolson, a constitutional law professor at USC and an election law expert, is working to make it easier for people to vote. She and Preet break down the threat of voter suppression, and what to expect for the midterms. Plus, Preet breaks down the many considerations that DOJ would need to weigh before indicting Donald...
2022-08-041h 08
We the PeopleRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of E...
2022-07-1456 min
We the PeopleRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of E...
2022-07-1456 min
cmdX anDre Articles "Law of WE "podcastRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of Edward Fole...
2022-07-1456 min
Live at the National Constitution CenterRestoring the Guardrails of DemocracyAs January 6 hearings proceed on Capitol Hill, join the National Constitution Center for the launch of the Restoring the Guardrails of Democracy team reports. The project brings together three teams of leading experts— libertarian, progressive, and conservative—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team leaders Edward B. Foley, Sarah Isgur, and Clark Neily discuss their proposals. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Read the reports:
Sarah Isgur, David French, and Jonah Goldberg, Restoring the Guardrails of Democracy: Team Conservative
Edward B. Foley and Franita To...
2022-07-1356 min
The Legal Lens PodcastAngela Reddock-Wright Guest on Tavis Smiley Show Discussing President Biden’s US Supreme Court Justice Nominee Judge Ketanji B. Jackson“TAVIS SMILEY" FOR MONDAY, FEBRUARY 28TH, 2022:
1. Angela Reddock-Wright - Host of KBLA’s “Legal Lens with Angela Reddock-Wright” and Founder and Managing Partner of the Reddock Law Group. She has been a practicing attorney for more than 20 years. She also was a former employment and labor law litigator for more than 15 years.
2. Professor Franita Tolson - Vice Dean for Faculty and Academic Affairs and Professor of Law at University of Southern California Gould School of Law. She also holds a courtesy faculty appointment in the Political Science and International Relations Department at the USC Dornsife College...
2022-02-2842 min
Amicus With Dahlia Lithwick | Law, justice, and the courtsPolitics Masquerading as LawDahlia Lithwick interviews Rep. Adam Schiff about his work on the Jan. 6 select committee and his fears for our democracy. Next, Dahlia is joined by pre-eminent election-law scholar Professor Franita Tolson, who clears up any confusion about what happened in the shadow-docket order concerning Merrill v Milligan, which appears to have kicked away the remaining protections of the Voting Rights Act’s Section II. Slate Plus members will have access to Dahlia’s conversation with Mark Joseph Stern about shadow-docket shenanigans and Mark’s new beat: Madison Cawthorne, “everybody’s favorite insurrectionist-adjacent representative.”...
2022-02-121h 08
On The Issues With Michele GoodwinBiden Promised a Black Woman Supreme Court Nominee. Now What? (with Zinelle October, Franita Tolson, Steve Vladeck, and Danielle Holley-Walker)In this episode, we kick off our Road to Confirmation series. “On the Issues” will be following the nomination and confirmation process of President Biden’s nominee to replace Justice Stephen Breyer on the U.S. Supreme Court. The Road to Confirmation series will take you through each step of the confirmation process as it happens in real time, with commentary and analysis from experts. We launch the series with this robust discussion about what Justice Breyer’s retirement means for the Supreme Court. And, we dig deep on President Biden’s promise to nominate a Black woman on the...
2022-02-1156 min
The Muck PodcastLi'l Muck Episode 37: Franita TolsonHillary and Tina speak to Vice Dean for Faculty and Academic Affairs and Professor of Law at University of Southern California Gould School of Law, Franita Tolson
Franita Tolson is Vice Dean for Faculty and Academic Affairs and Professor of Law at University of Southern California Gould School of Law, where she also holds a courtesy appointment in the Political Science and International Relations Department. Her scholarship and teaching focus on the areas of election law, constitutional law, and legal history. Her research has appeared in leading law reviews and focus on a wide range of topics...
2021-11-0529 min
Woke AF DailyDemocracy In DeclineHow many years does the American experiment have remaining? Support Woke AF Daily at Patreon.com/WokeAF to hear Danielle's full conversation with Franita Tolson, who went viral last week for her confrontation with Senator Ted Cruz. Learn more about your ad choices. Visit podcastchoices.com/adchoicesSee omnystudio.com/listener for privacy information.See omnystudio.com/listener for privacy information.
2021-09-3027 minWoke AF DailyDemocracy In DeclineHow many years does the American experiment have remaining? Support Woke AF Daily at Patreon.com/WokeAF to hear Danielle's full conversation with Franita Tolson, who went viral last week for her confrontation with Senator Ted Cruz. Learn more about your ad choices. Visit podcastchoices.com/adchoicesSee omnystudio.com/listener for privacy information.See omnystudio.com/listener for privacy information.
2021-09-3027 min
The Daily Beast PodcastHow Long Until Ben Shapiro Becomes CEO of Facebook? w/ Kevin RooseNew York Times tech columnist Kevin Roose explains why Mark Zuckerberg and Facebook just can’t seem to let its high-performing conservative talking heads go, NBC News Reporter John Allen breaks down President Biden’s infrastructure plan for normal people, and USC law professor Franita Tolson retells how she avoided a Ted Cruz “gotcha” moment.If you haven't heard, every single week The New Abnormal does a special bonus episode for Beast Inside, the Daily Beast’s membership program. where Sometimes we interview Senators like Cory Booker or the folks who explain our world in media like Jim A...
2021-09-2848 min
Then & NowRevisited - How Endangered is the Right to Vote? A Conversation on the Past and Future of Voting Rights in the United States with Franita TolsonMonths after the national election and despite numerous judicial decisions to the contrary, many Americans still believe the election was stolen from Donald Trump. In recent weeks various state legislatures have used the claim of voter fraud to propose new bills to change voting procedures, launching a new chapter in the long battle over the franchise in the United States. In this episode of "Then & Now," we discuss the history of voter suppression and the current state of play with election law expert, Professor Franita Tolson, Vice Dean for Academic Affairs at the USC Gould School of Law and...
2021-07-2650 min
Strict ScrutinyTextually ChallengedFor a further break down of the opinion that is definitely not necessary to enforce the Voting Rights Act (Brnovich v. DNC), Leah is joined by two voting rights experts, Professors Nick Stephanopoulos and Franita Tolson, who offer their thoughts on (among other things) what music Justice Alito was listening to while writing Brnovich and who he was talking to as well.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 3/6/26 – San Francisco3/7/26 – Los AngelesLearn more: http://crooked.com/eventsOrder your copy of Leah's book, Lawless...
2021-07-051h 25
"Briefly" by The University of Chicago Law ReviewFederalism and ElectionsA mere six votes determined the outcome of the 2020 election in Iowa's 2nd congressional district, revealing the delicate balance of power between elections shared by states and the federal government. For the inaugural episode of season five, hosts Kyra Cooper and Rachel Smith discuss the role of the federal government in state-run elections with Professors Derek Muller (University of Iowa Law) and Franita Tolson (USC Gould Law). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
2021-05-1949 min
Free and Fair with Franita and FoleyRethinking RepresentationIn this episode, Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) dive into the recent census data and question if American democracy is truly representative. They explore different governance schemes and the need to look past the Founding Fathers' vision in order to create a system that reflects the country's diverse needs.
2021-04-2842 minFree and Fair with Franita and FoleyMaking Democracy Work: Part 2Constitutional law expert Richard Pildes (NYU Law) rejoins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to continue their conversation on potential democratic reforms. In this episode, they explore how drawing more competitive electoral districts, as well as increasing public financing options for candidates, could strengthen American democracy.
2021-04-0858 min
Free and Fair with Franita and FoleyMaking Democracy Work: Part 1Constitutional law expert Richard Pildes (NYU Law) joins Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to discuss his recent op-ed in The New York Times, "How to Keep Extremists Out of Power." Pulling back from the hot-button issues of voting rights, ballot access and absentee voting, he focuses instead on the extremist forces in American culture and politics that threaten our democracy — and suggests ways to minimize them through reform.
2021-03-2353 minThen & NowHow Endangered is the Right to Vote? A Conversation on the Past and Future of Voting Rights in the United States with Franita TolsonMonths after the national election and despite numerous judicial decisions to the contrary, many Americans still believe the election was stolen from Donald Trump. In recent weeks various state legislatures have used the claim of voter fraud to propose new bills to change voting procedures, launching a new chapter in the long battle over the franchise in the United States. In this episode of "Then & Now," we discuss the history of voter suppression and the current state of play with election law expert, Professor Franita Tolson, Vice Dean for Academic Affairs at the USC Gould School of Law and...
2021-03-1550 minFree and Fair with Franita and FoleyThe Problem Worth SolvingHow do we overcome our nation's polarization problem to run an election system that’s fair for everybody? With the 2020 election in the rearview mirror, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) look to the future and propose strategies that might align our fractured electorate, prevent voter suppression and protect majority choice.
2021-03-0345 minFree and Fair with Franita and FoleyHow do we save America? Part 2Election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) continue their conversation from our last episode about finding a path forward after the 2020 election. They identify ways Americans can make meaningful changes, both political and cultural, to repair, protect and improve the election system in the lead-up to 2024. Whether it’s updating the Constitution, outlawing gerrymandering, replacing the electoral college, or confronting racism — much remains to be done.
2021-02-1747 minFree and Fair with Franita and FoleyHow do we save America?Following the Capitol insurrection, Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) discuss what’s at stake for U.S. democracy, and how the damage to our political system can be repaired. Can legal prosecution restore faith in the election’s legitimacy? If so, what will it take to hold conspirators accountable, and can we trust our embattled representatives to find the courage to speak truth to power?
2021-02-0451 min
Supreme MythsFranita Tolson
Professor Franita Tolson joins Supreme Myths to discuss impeachment and other current events, election law, and voter suppression among other timely issues.
2021-01-1242 minFree and Fair with Franita and FoleySmoke Without FireAs 2020 came to a close, election scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discussed the continued litigation around the presidential election, as well as the expected next steps.
2021-01-0444 minFree and Fair with Franita and FoleyThe Truth ProblemIf half the country has lost faith in our electoral system, will the system deteriorate? And if so, when? Election scholars Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) ponder the fate of U.S. elections at this pivotal moment when voters seemingly believe in the process only when it works in their favor.
2020-12-0848 minFree and Fair with Franita and FoleyLuck, Betrayal, and Repairing Democratic NormsIn this episode, recorded in the week after Election Day, Edward Foley (Ohio State Moritz College of Law) and Franita Tolson (USC Gould School of Law) work through their mixed emotions. From historic voter turnout to post-election lawsuits, the highs and lows revealed just how far we have strayed from the norm, and how close we came to a different outcome. Taking the long view, they discuss the importance of norms in our elections and governance, and how they can be restored and protected to ensure fair play in the future.
2020-11-2148 minFree and Fair with Franita and FoleyBONUS - America’s Contentious Presidential Elections: A HistoryBefore the election, Franita Tolson (USC Gould School of Law) and Edward Foley (Ohio State Moritz College of Law) sat down for another live recording of “Free and Fair” with fellow election scholar Jeffrey Rosen (president and CEO of the National Constitution Center), as well as James Ceaser (University of Virginia) and Robert Lieberman (Johns Hopkins University) to discuss the most contentious elections in American history. If you enjoyed this conversation, please check the previous episode to learn more about one of the elections covered in this conversation: The Hayes-Tilden Election of 1876. This program was presented by the National Constitution Cent...
2020-11-1852 minFree and Fair with Franita and FoleyBONUS: The Hayes-Tilden Election of 1876What can we learn from one of the most contentious presidential elections in American history? In this episode, Edward Foley (Ohio State Moritz College of Law) and Franita Tolson (USC Gould School of Law) held a live recording of “Free and Fair” with fellow election scholar Michael Morley (Florida State University College of Law) and Jeffrey Rosen (president and CEO of the National Constitution Center) to discuss the 1876 Hayes-Tilden election. We partnered with the National Constitution Center to record this episode in front of a live virtual audience. It also ran on their podcast, “Live at the National Constitution Center,” where yo...
2020-10-221h 00
Live at the National Constitution CenterAmerica’s Contentious Presidential Elections: A HistoryAs the 2020 election approaches, this week we hosted program about the history of presidential elections. Experts Franita Tolson of USC Law, Edward Foley of Ohio State Law, James Ceaser of the University of Virginia, and Robert Lieberman of Johns Hopkins University joined National Constitution Center President and CEO Jeffrey Rosen to discuss the most contentious elections in American history—including one of the first controversial elections—1800—pitting Thomas Jefferson against Aaron Burr; the election of 1860 which set the stage for the Civil War; and the 2000 election which led to the Supreme Court case Bush v. Gore. The panelists also explor...
2020-10-2152 min
Live at the National Constitution CenterThe Hayes-Tilden Election of 1876This week, we partnered with Free and Fair with Franita and Foley, a podcast about democracy and elections hosted by election experts Professor Edward Foley of Ohio State Moritz College of Law and Professor Franita Tolson of USC Gould School of Law. They joined fellow elections scholar Professor Michael Morley of Florida State University College of Law and National Constitution Center President and CEO Jeffrey Rosen for a live recording of their podcast—a discussion of one of the most contentious presidential elections in American history, the 1876 Hayes-Tilden election, and a history lesson about what it can teach us to...
2020-10-141h 01Free and Fair with Franita and FoleyRBG and our uncertain futureThe monumental loss of Justice Ruth Bader Ginsburg has ignited a political frenzy. What does her potential replacement by the president’s nominee, Judge Amy Coney Barrett, mean for the future of voting rights jurisprudence generally, RBG’s legacy in this area of law specifically, and perhaps even to cases potentially affecting the outcome of this year’s election? Election law scholars Edward Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) reflect on RBG’s legacy, and debate how the Supreme Court plays into our election system.
2020-10-0250 minFree and Fair with Franita and FoleyBONUS - Election 2020: When Are Results Official and What Happens if Results Are DisputedElection scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) join as guests on Reasonably Speaking, the American Law Institute podcast, to discuss what voters can expect on and after election night.
2020-09-3055 min
Reasonably SpeakingElection 2020: When Are Results Official and What Happens if Results Are DisputedThe 2020 election is seeing unprecedented volatility leading up to November 3. Will this volatility make a difference, helping or hurting the system’s capacity to serve its purpose? This is the first of many questions about the 2020 election that this group of election law experts will tackle.
Every election year presents its own unique set of challenges, but 2020 has been a uniquely challenging year. What can voters expect on and after Election Night? Election results are never final until much later – this year on December 14. On that date, electors will be appointed in all states on the basis of t...
2020-09-2955 minFree and Fair with Franita and FoleyWill Americans accept the election’s outcome?What if the presidential candidates refuse to concede defeat? Election scholars Franita Tolson (USC Gould School of Law) and Edward Foley (OSU Moritz College of Law) speculate the outcomes of an election mired in careless rhetoric, government gridlock, contentious politics and racial divide. Whether or not voters will lose faith in the system or be energized by their outrage remains to be seen, but Franita and Foley look back in American history for a dose of optimism and perspective.
2020-09-0348 minFree and Fair with Franita and FoleyCan Trump legally limit mail-in voting?The president is exploring an executive order to limit mail-in voting. But does he have the power to do that, even if his claims about absentee voting being fraudulent are unfounded? Election scholars Edward Foley (Ohio State University Moritz College of Law) and Franita Tolson (University of Southern California Gould School of Law) walk through scenarios in which the federal government could limit voting or change the rules.
2020-08-1244 minOn The Issues With Michele GoodwinMs. Magazine Supreme Court ReviewOn this episode of On the Issues with Michele Goodwin, we review the 2019-2020 Supreme Court term. Since 1790, of the 113 individuals who have served on the Supreme Court, only four have been women. Similarly, in over 230 years, only three justices have been persons of color—two of whom presently serve on the Court. Under Trump, the vast majority of judges confirmed to the nation’s federal courts are white men. Thus, in over two hundred years, very little has changed in terms of the Court’s composition. Where do women fit in? How can the Court evolve in recogniz...
2020-08-1159 minFree and Fair with Franita and FoleyBONUS - Faithless Electors: SCOTUS Decisions and their Implications for NovemberElection scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) join as guests on Reasonably Speaking, the American Law Institute podcast, to discuss how the U.S. Supreme Court decision on faithless electors could have implications for the 2020 presidential election.
2020-08-061h 03Free and Fair with Franita and FoleyWhat would John Lewis think?How can we continue the fight of civil rights leader John Lewis, and the many who came before him, in the context of free and fair elections? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discuss ongoing congressional debate about the future of voting rights, backsliding in current protections and what their dream legislation honoring Lewis would entail.
2020-07-2751 min
Live at the National Constitution CenterA Constitutional History of the Right to VoteWhat did the original Constitution say about the right to vote? How has that changed over time, and why? In celebration of the 100th anniversary of the 19th Amendment and the 150th anniversary of the 15th Amendment in 2020, the National Constitution Center hosted a program featuring a panel of voting and election law experts who addressed those questions and more. They also reflected on the memory of legendary voting and civil rights advocate Congressman John Lewis, the anniversaries of two landmark suffrage amendments, and other key laws and Supreme Court decisions that changed the scope of suffrage in America...
2020-07-221h 12
Reasonably SpeakingFaithless Electors: SCOTUS Decisions and Implications for NovemberOn July 6, the Supreme Court of the United States held that states may replace and even punish “faithless electors,” the term used for a member of the U.S. Electoral College who does not vote for the presidential or vice presidential candidate they pledged to support. This episode will consider the implications of the Court’s ruling and reasoning for a broader set of questions on the Electoral College system and what might happen in this year’s election.
What if there is a 269-269 tie (hardly impossible given current political climate)? What if the electoral votes from one...
2020-07-151h 02Free and Fair with Franita and FoleyIs this the new normal?Long lines, machine breakdowns, absentee obstacles: As our country grapples with a pandemic, social uprising and divisive politics, voting is more challenging than ever. But what does complacency, voter disenfranchisement and rights infringement say about our election system, and will these issues persist after November? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) look to history to consider the future, and debate whether or not the flawed process is capable of reflecting the electorate’s collective will.
2020-06-2550 minFree and Fair with Franita and FoleyIs voting enough?In response to the Black Lives Matter protests, some are calling for people of color to “just vote.” But in a country with a history of voter suppression and disenfranchisement, is voting enough? Franita Tolson (USC Gould School of Law) responds to the hypocrisy of this suggestion in her American Constitution Society blog post, “Democracy as a Slogan.” In this episode, she and Ned Foley (OSU Moritz College of Law) discuss racial equality as an ongoing commitment, using the lessons from history that Tolson touches on in her essay, which can be read at https://bit.ly/DemSlogan.
2020-06-0552 minFree and Fair with Franita and FoleyDoes faithfulness to the Constitution require faithless electors?As the 2020 presidential race ramps up, the Supreme Court is deciding whether or not to grant legal protection to “faithless electors” — electors who don’t vote for the candidates they had pledged to support. Professor Derek T. Muller (Iowa Law) joins election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to debate the roles and obligations of U.S. presidential electors.
2020-05-2249 minFree and Fair with Franita and FoleyFlattening the absentee ballot curve, and other solutions to prevent an election meltdownWith the American electoral system under unprecedented stress, an expert committee led by legal scholar Richard L. Hasen (UCI Law and author of Election Meltdown) has put forth a report of urgent recommendations in law, media, politics and technology to safeguard a free and fair November election. In this episode, Hasen joins our hosts Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) to discuss the 14 recommended solutions, including his apt suggestion that voters “flatten the absentee ballot curve” by spreading their ballot applications over a longer period of time.
2020-05-1449 minFree and Fair with Franita and FoleyIs there room for third parties? Justin Amash and why he mattersWhat does it mean for our election if Rep. Justin Amash enters the presidential race? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) discuss whether or not our election system can accommodate a third-party challenger, and how to ensure the person who wins the race is the choice of the voter.
2020-04-2449 minFree and Fair with Franita and FoleyWhat Happened in Wisconsin?Why was there in-person voting in Wisconsin during a once-in-a-lifetime pandemic? Was the election legitimate? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) analyze the partisanship and polarization that contributed to the state’s fraught primary, and how other states can do better in their upcoming elections.
2020-04-1055 minFree and Fair with Franita and FoleyVoting in the time of the virus: Part 2Beyond causing delays, COVID-19 will impact the many administrative and logistical aspects of the 2020 U.S. presidential election — from staffing to absentee ballot printing to vote counting. How can we prepare if we don’t know what to expect? What happens if there is a second wave of the virus? Is the coronavirus relief bill’s $400 million to protect elections enough? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) welcome guests Nathaniel Persily (Stanford Law School) and Charles Stewart III (MIT Political Science) to discuss what needs to be done to prepar...
2020-03-3147 minFree and Fair with Franita and FoleyVoting in the time of the virus: Part 1With states postponing in-person voting to control the spread of COVID-19, uncertainty is mounting about the pandemic’s effect on the 2020 U.S. presidential election. Can Trump cancel or change Election Day? Should we all just vote by mail? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) welcome guest Michael T. Morley (FSU College of Law) to discuss how emergencies impact elections — and what we can do to prepare for November.
2020-03-1850 minFree and Fair with Franita and FoleyRussia, Bloomberg and Voter ChoiceAre there undue or improper influences affecting voters' choice of candidates? Election scholars Ned Foley (OSU Moritz College of Law) and Franita Tolson (USC Gould School of Law) ask this question in light of recent news regarding Russia's apparent interference with the U.S. election and Mike Bloomberg's unprecedented spending to gain traction in the primaries. Just how concerned — or alarmed (but not despaired!) — should voters be?
2020-02-2545 minFree and Fair with Franita and FoleyPrimaries 101Why do Iowa and New Hampshire come first in the presidential primary process? How much does majority support matter? What’s ranked-choice voting, and could that a better system? Election scholars Franita Tolson (USC Gould School of Law) and Ned Foley (OSU Moritz College of Law) discuss.
2020-02-1452 min
Free and Fair with Franita and FoleyAre our elections free and fair?What does it mean to have a free and fair election? Does our system work? Election scholars Ned Foley and Franita Tolson ask the big questions around U.S. voting as the clock counts down to the 2020 presidential election.
2020-02-0442 min
Nobody Listens to Paula PoundstoneEpisode 75: One Puppet, One VoteYou wanna rock the vote? Here in America, increasingly, the vote rocks YOU. USC Professor Franita Tolson stops by to discuss that increasingly endangered species, our right to vote. Plus, we’ve got songs! Both a vocabulary song and the brand new “Ballad of Captain Culpepper.”GUESTFranita TolsonProfessor of LawVice Dean for Faculty and Academic AffairsUSC Gould School of LawTwitter: @ProfTolsonHOUSE BANDHarry Orlove, jazz guitar Learn more about your ad choi...
2019-12-171h 16
Ologies with Alie WardNomology Part 2: (THE CONSTITUTION): Let's read the whole friggin thing.Have you ever read every word of The U.S. Constitution? You don't have to, because ol' Dadward here is about to read it into your ears and give little sidenotes to make sure we both understand it. This episode is a follow up to Nomology with law professor Franita Tolson, so start there for the basics and learn why knowing your rights and using your voice can change the future. Follow Franita Tolson at Twitter.com/ProfTolson and read more about her work here.More links at alieward.com/ologies/nomology
2019-07-101h 20
Ologies with Alie WardNomology (THE CONSTITUTION) with Franita TolsonIf you've never read The Constitution, you're like most of us. What does it even say?! Most Americans aren't law scholars, which is why we sat down with a Dean of USC's Gould School of Law, Professor Franita Tolson, to have her give us the crib sheet on the most important document in the free world. What's up with the amendments? What are the articles? What does it mean to be an American? What rights do we have? How did we get them and how do we keep them? We also discuss what it was like having Barack Obama...
2019-07-021h 30
Ipse DixitFranita Tolson on Congress's Constitutional Authority Over ElectionsIn this episode, Franita Tolson, Professor of Law and Vice-Dean of Faculty and Academic Affairs at the University of Southern California Gould School of Law, discusses her article "The Spectrum of Congressional Authority Over Elections," which is published in the Boston University Law Review. Tolson begins by explaining how overlapping constitutional authorization for Congressional regulation should affect the scope and strength of Congressional power. Specifically, she observes that the 14th Amendment and the Elections Clause both authorize Congressional regulation of elections, and argues that this overlapping authority should increase Congressional power to act. She criticizes the Supreme Court's decision...
2019-06-1930 min
DISCOVERY presented by UW LawKeep Suing 'EmSection 2 of the 14th Amendment is one of the U.S. Constitution's most important evolutions. While it has never been enforced, this particular section gets to the very heart of voting rights in the United States — and its history constitutes a compelling story all its own. On this episode, Franita Tolson, Professor of Law at the University of Southern California Gould School of Law, joins to tell that story. She breaks down the importance of understanding these critical passages, and she sheds light on how they inform the biggest debates around ballot access issues as America barrels to...
2019-05-3018 min
cmdX anDre Articles "Law of WE "podcastVoting Rights, Election Law, and the MidtermsAs Americans prepare to head to the polls next week, We the People partnered with Ballotpedia for a rundown of the election law and voting rights issues most relevant to the 2018 midterms. Ballotpedia’s News Editor Sarah Rosier joins election law scholars Franita Tolson and Michael Morley to break down all sides of the legal arguments surrounding voter ID laws, gerrymandering, “signature matching,” the purging of voter rolls, and felon disenfranchisement. Jeffrey Rosen hosts.
2018-11-0148 min
We the PeopleVoting Rights, Election Law, and the MidtermsAs Americans prepare to head to the polls next week, We the People partnered with Ballotpedia for a rundown of the election law and voting rights issues most relevant to the 2018 midterms. Ballotpedia’s News Editor Sarah Rosier joins election law scholars Franita Tolson and Michael Morley to break down all sides of the legal arguments surrounding voter ID laws, gerrymandering, “signature matching,” the purging of voter rolls, and felon disenfranchisement. Jeffrey Rosen hosts.
2018-11-0149 min
We the PeopleVoting Rights, Election Law, and the MidtermsAs Americans prepare to head to the polls next week, We the People partnered with Ballotpedia for a rundown of the election law and voting rights issues most relevant to the 2018 midterms. Ballotpedia’s News Editor Sarah Rosier joins election law scholars Franita Tolson and Michael Morley to break down all sides of the legal arguments surrounding voter ID laws, gerrymandering, “signature matching,” the purging of voter rolls, and felon disenfranchisement. Jeffrey Rosen hosts.
2018-11-0151 min
Oral ArgumentEpisode 153: Shall Be ReducedConstitutional and election law expert Franita Tolson joins us to talk about a little-known section of one of the most well-known parts of the Constitution. The Fourteenth Amendment grants rights enforceable against states, not just against the federal government. And it gives Congress a role in enforcing those rights. But did you know that it also provides an apparently severe and mandatory remedy for abridgments by states of the right to vote? You will.
This show’s links:
Franita Tolson's faculty profile and writing
Franita Tolson, What is Abridgment?: A Critique of Two Section Twos
Luther v...
2017-11-191h 17