On The Docket: A 2026 SCOTUS Briefing

In the 1950s, New York state officials introduced a prayer into public schools. It was optional, it was short, and it was, as the Supreme Court ruled in 1962, unconstitutional. This week, we’re headed to the suburbs to cover that case, Engel v. Vitale. And there, we’ll meet a group of parents who were determined to teach their children — and, ultimately, the nation — that freedom of religion, and freedom from religion, are fundamental rights. Joining us is Dan Mach, director of the ACLU Program on Freedom of Religion and Belief.

Years before the Supreme Court recognized its first sex discrimination claim, a visionary lawyer named Pauli Murray was building a case that said the 14th Amendment protects against both race and sex discrimination. The case showed how these forms of discrimination work together to protect the same power structure. This week, we’re exploring the first major instance of this argument being used in court, in the 1966 Alabama case White v. Crook. On its surface, it’s a case about who gets to sit on a jury, but as we’ll learn, it’s really about who the Constitution protects. Along the way, we’ll hear from Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Rights Project, and ReNika Moore, the director of the ACLU's Racial Justice Program. Rev. Dr. Pauli Murray’s recitation of "Dark Testament" featured in this episode is courtesy of the Pauli Murray Foundation. Find more information at the Pauli Murray Foundation here. We accessed the "Dark Testament" audio via the “Papers of Pauli Murray”, Harvard Radcliffe Institute's Schlesinger Library.

Did you know that today’s justice system in the United States originated from a hiring dispute? This week, Matt and Shereen are taking us back to the early 1800s to explore the origins of judicial review — and all the gossip, intrigue, and spilled ink that brought us our modern U.S. courts.  Joining us to make sense of it all is Louise Melling, a deputy legal director at the ACLU and the director of the ACLU’s Ruth Bader Ginsburg Center for Liberty.

On March 15, 2025, the Trump administration deported more than 100 people to a notoriously brutal prison in El Salvador — in defiance of a federal judge’s orders. They hadn’t been found guilty of being gang members. They never got their day in court. That blatant disregard for due process should concern us all.  This week, on our premiere episode, Shereen and Matt are exploring J.G.G. v. Trump and the related lawsuits that emerged from that fateful day in March. They’re some of the most important cases making their way through the courts today: referenda on the current state of executive overreach, due process, and judicial review. In this episode we’ll be speaking with the ACLU immigration expert Lee Gelernt to investigate what this case means for our civil liberties and how we can fight back.

Marbury v. Madison. Brown v. Board of Education. Obergefell v. Hodges.  These face-offs aren’t just part of legal history, they’re still shaping our lives today. On every episode of “Let The Record Show,” a new podcast from the American Civil Liberties Union, hosts Shereen Marisol Meraji and Matt Beat are taking major U.S. court cases off the shelf to learn about the people and stories behind them — and the precedents they’ve set.    We’ll meet plaintiffs like Wong Kim Ark, who we can thank for birthright citizenship. Lawyers like Pauli Murray, who made it the nation’s business to take both racial and gender equality seriously. And other brave individuals who spoke up for their rights and the rights of their neighbors.    Our first episode drops Wednesday, September 23, and you can join us every other week for a new featured case.

‘Tis the season ... to stay ready. A busy Supreme Court term is already underway, with trans rights, redistricting, birthright citizenship, and more on the docket. And this week, Cecillia Wang is back to break it down with Kamau. Join us as we reflect on this year's civil liberties work, celebrate our wins, and prepare for the fight ahead.

This week, we’re showing thanks to everyone who's stepping up for our collective civil liberties, with a People Power potluck! And we’ve got a seat at the table for you. Our guest of honor is Maribel Hernández Rivera, the ACLU’s National Director of Immigrant Community Strategies. And we have three volunteers from the ACLU’s grassroots network People Power stopping by. Kathy joins us just around the 20-minute mark from Minnesota, Sophia around 40 minutes in from Colorado, and Terry at the hour mark from Tennessee. Listen in as they speak with Kamau about why and how they're advocating for immigrants’ rights, and what their hopes are for their communities—and yours—this giving season and beyond. If you’d like to join Kathy, Sophia, Terry, and other People Power volunteers, now’s the perfect time. You can head to aclu.org/campaigns-initiatives/people-power to learn more. And make sure to check out the ACLU's Holiday Conversation Guide, at aclu.org/the-aclus-holiday-conversation-guide. At Liberty is a production of the ACLU. For the ACLU, our senior executive producer is Sam Riddell, our executive producer is Jessica Herman Weitz, and our intern is Madhvi Khianra. W. Kamau Bell and Melissa Hudson Bell, PhD are executive producers for Who Knows Best Productions. At Liberty is produced and edited by Erica Getto and Myrriah Gossett for Good Get. This episode was recorded at Skyline Studios in Oakland, CA.

We’re living through a moment where late night jokes are next-day news, and each opening monologue feels like a litmus test for our freedom of expression. But is this dynamic anything new? This week, comedian Dean Obeidallah and writer Kliph Nesteroff join Kamau to reflect on the history—and present state—of censorship in comedy, and what makes this moment more than a callback. This episode was recorded on Monday, November 10, in the lead-up to the New York Arab American Comedy Festival, which Dean co-founded more than two decades ago. Kliph’s insights are drawn from research that he conducted for his book Outrageous: A History of Showbiz and the Culture Wars.

Frog costumes. The Star Wars theme. Whistlemania. These could be the sights and sounds of Halloween—but this year, they've taken on new meaning. As federal agents and military troops arrive in their cities across the country, communities have used pop culture references, humor, and irreverence as an act of resilience. They’ve also banded together to form school escorts and other protective measures for their neighbors. This week, we’re exploring how residents of three cities have met this moment. We have three ACLU experts joining us. First up, we have Chandra S. Bhatnagar and Ed Yohnka of the ACLU of Southern California and Illinois. And around the 46-minute mark, Monica Hopkins of the ACLU of DC joins Kamau to discuss deployments in the nation’s capital. Want to get involved? Here are two actions you can take right now: action.aclu.org/send-message/tell-congress-no-troops-our-streets action.aclu.org/send-message/tell-congress-stop-masked-agents And if you’re still curious about the deployments, there’s a great explainer on YouTube: “Ask an ACLU Expert: President Trump’s Deployment of Federal Forces to Our Communities” with Hina Shamsi. https://youtu.be/1wQLAqD-KFM?si=LGsW6vlAM_A-1WKo At Liberty is a production of the ACLU. For the ACLU, our senior executive producer is Sam Riddell, our executive producer is Jessica Herman Weitz, and our intern is Madhvi Khianra. W. Kamau Bell and Melissa Hudson Bell, PhD are executive producers for Who Knows Best Productions. At Liberty is produced and edited by Erica Getto and Myrriah Gossett for Good Get. This episode was recorded at Skyline Studios in Oakland, CA.

This summer, Emmy Award-winning journalist Mario Guevara was covering a protest near Atlanta when local law enforcement arrested him. Then, ICE detained him. For more than 100 days, the agency refused his release, citing his reporting as dangerous. On October 3, after more than 20 years of living in the United States, he was deported to El Salvador. This week, the ACLU’s Scarlet Kim, who served on Guevara's legal team, joins Kamau to discuss his case and why it should sound alarm bells for us all. Then, the ACLU’s Jessica Herman Weitz drops in to discuss another Emmy Award winner in the headlines for free speech repression: Jimmy Kimmel. You can check out the Kimmel letter here: https://www.aclu.org/defend-free-speech-letter-kimmel And add your name to an open letter in support of free speech here: https://action.aclu.org/petition/defend-free-speech-all-condemn-governments-censorship-jimmy-kimmel At Liberty is a production of the ACLU. For the ACLU, our senior executive producer is Sam Riddell, our executive producer is Jessica Herman Weitz, and our intern is Madhvi Khianra. W. Kamau Bell and Melissa Hudson Bell, PhD are executive producers for Who Knows Best Productions. At Liberty is produced and edited by Erica Getto and Myrriah Gossett for Good Get. This episode was recorded at Skyline Studios in Oakland, CA.