The season of NYCLA Amicus Curiae with host Daniel K. Wiig opens with a conversation that looks backward to better understand the present. Attorney and author Dennis A. Brennan joins the podcast to discuss justice, politics, and the concept of lawfare, defined as the strategic use of legal systems to gain advantage in political or institutional conflict.

Drawing on his work as a historian and his book, D.C. Swamp Strikes Back: Aaron Burr, Donald Trump and Their Similar Battles, Brennan reflects on how historical narratives continue to shape legal practice, public perception, and the role of attorneys in contested political moments. History remains vivid, and its influence on the future of the law is unmistakable.

More About the Author Dennis A. Brennan

Legal scholar Dr. Carol M. Swain joins Daniel K. Wiig to explore key questions in contemporary discussions about diversity, equity, and inclusion. The conversation begins by examining the original intent of the civil rights movement and the legal and social principles that shaped efforts to remove formal barriers to equality.

From there, the discussion moves to affirmative action and the evolution of DEI frameworks, considering how concepts of merit, integration, and assimilation have been understood over time. Dr. Swain and Daniel also discuss what a color blind society might look like and the different interpretations of that concept in law and society.

The episode emphasizes careful analysis of ideas, historical developments, and the implications of various approaches to race and inclusion, leaving listeners with a broader understanding of the issues.

Learn More About Dr. Carol M. Swain.

The views expressed here are those of the guest, and do not necessarily represent or reflect the views of NYCLA, its affiliates, its officers, or its Board.

In this episode of NYCLA Amicus Curiae, Dan Wiig is joined by Gabe Roth, Executive Director and founder of Fix the Court. Roth discusses the organization's mission to promote greater transparency, accountability, and ethical standards at the United States Supreme Court. Drawing on his background in journalism, media advocacy, and court transparency work, he outlines how Fix the Court evaluates the Court's institutional practices and public-facing obligations.

The conversation begins with an overview of Fix the Court's core priorities, including media and public access to Supreme Court proceedings, proposals for term limits, the development and implementation of a judicial code of ethics, and concerns related to stock ownership, recusals, and financial disclosures by the justices.

Roth then examines developments following the Supreme Court's adoption of a Code of Conduct, noting areas where limited improvements have occurred alongside persistent structural shortcomings. Particular attention is given to the absence of an enforcement mechanism, uneven recusal practices, gaps in financial disclosure, and questions surrounding public appearances and institutional stewardship.

The episode concludes with a discussion of unresolved issues and outstanding questions raised with the Court regarding ethics guidance, internal review processes, and transparency measures. Throughout, the focus remains on factual analysis of existing policies and practices and their implications for public confidence in the judiciary.

Gabe Roth