Welcome to Original Jurisdiction, the latest legal publication by me, David Lat. You can learn more about Original Jurisdiction by reading its About page, and you can email me at davidlat@substack.com. This is a reader-supported publication; you can subscribe by clicking here.
Democrats and progressives are on the defensive. Preoccupied with responding to the “shock and awe” of the Trump administration, they’re having a hard time putting forward an affirmative agenda of their own.
At some unknown point in the future, however, Democrats will return to power. When they do, what actions should they take?
According to my former Above the Law (ATL) colleague Elie Mystal, the left needs to take a page from the right’s playbook and “come in with the hammer.” Instead of focusing on repairing what Trump has broken, Democrats need to rally the people around destroying what deserves to be destroyed.
And Elie has thoughts on where they should start. In his new book Bad Law: 10 Popular Laws That Are Ruining America, he identifies 10 laws that he believes need to be ended, not just amended.
What federal and state laws are on Elie’s chopping block? What are his thoughts on the first two months of the Trump administration, especially the executive orders targeting law firms? And—this is the question I’m asked most frequently about Elie—does he actually believe the controversial, occasionally outrageous things he says?
Show Notes:
Elie Mystal bio and archives, The Nation
Elie Mystal, Bluesky
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