The Twin Problem

Guam is a U.S. territory, but its residents don't have the same access to federal benefits and political representation as Americans living in the 50 states.For twin sisters Katrina and Leslie Schaller, who lived with myotonic dystrophy, that distinction changed everything. When Katrina moved to Guam to live with her older sister, Kim, she lost her Supplemental Security Income benefits because the U.S. Congress excluded the territory from the program. Katrina sued the federal government — a fight that dredged up the enduring legacy of the Insular Cases, a series of early 20th-century Supreme Court decisions that codified second-class status for U.S. territories.In our penultimate episode this season, Sidebar examines the human cost of political disenfranchisement, the fight for equal protection and Guam’s ongoing struggle for self-determination.Why does Guam remain excluded from federal programs available to other Americans? How do the Insular Cases continue to shape the unequal treatment of U.S. citizens today? And can environmental law give a voice to people who lack voting representation in Congress?Special guests: Kim FegurgurRodney Jacob, attorney who represented the Schaller sistersJames Campbell, the Richard M. Milanovich Fellow at UCLA School of LawRobert Underwood, former president of the University of GuamJeanAnn ArteroLeevin Camacho, attorney at Camacho TaitanoAutumn Bordner, attorney at Blue Ocean LawThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

Long before the trails, the zoo and the observatory, the namesake of Los Angeles’ most famous park was haunted by a dark past.In our 11th episode this season, we trace the history of Griffith J. Griffith: the philanthropist, self-proclaimed “colonel” and complicated figure behind LA’s first major celebrity trial.Griffith’s rise from Welsh immigrant to mining journalist and real estate mogul took a shocking turn when he shot his wife, Christina Mesmer, inside Santa Monica’s Hotel Arcadia, ultimately landing him in San Quentin.How did LA’s power players, sensationalist press and legendary defense attorney Earl Rogers shape a trial that riveted the city? And how should Angelenos remember a man whose legacy combines shocking violence with one of the country’s great public parks?This Halloween, revisit one of LA’s wildest historical true crime tales.Special guests:Miguel Llanos, author of “Enlightened Egomanic: Griffith J. Griffith”Mike Eberts, author of “Griffith Park: A Centennial History”Mark Geragos, criminal defense and civil litigation attorneyMichele Rotunda, author of “A Drunkard’s Defense: Alcohol, Murder, and Medical Jurisprudence in Nineteenth-Century America”Alex Crow, chair of the Griffith Park Advisory BoardThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

The Supreme Court’s new term is packed with cases that could reshape the legal landscape on climate change, gun rights and voting.In our annual SCOTUS preview, we break down three of the term’s most pivotal cases and explore how they reflect the high court’s growing role in our most consequential policy disputes.First, a high-stakes climate showdown. Does Boulder County’s lawsuit against fossil fuel giants Exxon and Suncor mean local governments can make energy companies pay for the costs of climate change?Next, what does the justices’ Second Amendment history-and-tradition test mean for state and local bans on AR-15s?Lastly, just in time for midterms: Can Arizona require proof of citizenship to register to vote and purge voters from the rolls just before an election?Buckle up as we dive into the legal battles set to reach Washington.Special guests: Michael Gerrard, founder of the Sabin Center for Climate Change Law at Columbia Law SchoolDeirdre Macnab, Colorado rancherAdam Winkler, professor at UCLA School of LawMaureen Edobor, professor at Washington and Lee University Schol of LawThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

Arrests by U.S. Immigration and Customs Enforcement at New York City immigration courthouses have surged under the second Trump administration, transforming routine court appearances into moments of fear and uncertainty for immigrants and their families. At 26 Federal Plaza, Manhattan’s largest immigration court, ICE agents have detained asylum seekers and other noncitizens as they arrive for hearings, turning the federal building into the epicenter of a controversial enforcement surge. In Sidebar’s ninth episode this season, we break down the legal fallout in New York federal courts and the impact inside the building’s 10th-floor holding cells with help from Courthouse News New York City reporter Erik Uebelacker. Despite a class action injunction from U.S. District Judge Lewis Kaplan addressing conditions and cell capacity, and a separate ruling from Judge P. Kevin Castel largely barring courthouse arrests, ICE has continued to carry out detentions under limited exceptions, fueling an ongoing legal battle over due process and the rule of law.Special guest:Benjamin Remy, immigration attorney with New York Legal Assistance GroupThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

The latest gold rush isn’t buried in the dirt. It’s powered by servers. As tech giants race to build hyperscale data centers for the artificial intelligence boom, the promise of economic growth is colliding with growing resistance from rural communities.In our eighth episode this season, we take you to rural Texas, where Paluxy River Valley residents are determined to protect their water, land and way of life. Why has Texas become a new frontier for this rapidly expanding industry?Tech advocates point to investment, jobs and the U.S.’s technological future. Data centers are critical to AI and the digital economy, but they can consume enormous amounts of electricity, water and land while generating noise and light pollution. As the data center boom accelerates, one question looms: How do we build the infrastructure of the future without sacrificing the places people call home?Special guests:Rita Beving, North Texas representative for Public CitizenJoanne Carcamo, co-founder of Protect the Paluxy ValleyPatrick Hedger, director of policy at NetChoiceRobert Paterson, associate professor at the University of Texas at Austin School of ArchitectureThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

Editor’s note: This episode contains some explicit language. Listener discretion is advised. A town with no mayor, no trustees, no clerk, and no publicly funded water system.In our seventh episode this season, we travel four hours east of Denver to Hartman, Colorado, where a modern-day "Hatfields and McCoys" feud drove the entire town board to quit.After years of bitter infighting, contested elections, financial disputes, and a physical altercation at a town meeting, the tiny plains community's government effectively collapsed. Hartman has become an unlikely case study in how a century-old abandonment law leaves residents to confront what happens when a town can no longer govern itself.Can Hartman be saved, or has it already become a ghost town in waiting?This episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

Hold on to your butts as we take a ride through the self-driving car revolution to see if the future of transportation is a techno-utopia or another way for Big Tech to grab the wheel of our lives.While some see a world where you can nap through a traffic jam, others see a data-hungry machine poised to replace human workers. In our sixth episode this season, we ride along in a Waymo through the streets of Austin, Texas, to explore how "the law of the newly possible" is struggling to keep up with cars that see the world through lasers and algorithms.Who gets the ticket when an autonomous car breaks the law? And what happens to rideshare drivers when the "human" is removed from the equation?Special guests:Bryant Walker Smith, professor at the University of South CarolinaNassim Parvin, professor at the University of Washington Information SchoolSergio Avedian, contributor to The Rideshare Guy and The Driverless DigestThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

Grab your passport, doughty listener. We're headed across the Atlantic to see how justice works in England and France, and why it looks so different from the U.S.While a judge in France takes an active role seeking the absolute truth, the U.S. system functions more like a high-stakes sporting event, where the judge serves as a referee between two competing sides.In our fifth episode this season, we trace the evolution of trials from the Middle Ages, when "trials of ordeal" involved boiling water and "cursed morsels," to the Salem witch trials and how lawyers came to dominate U.S. courts.Which system comes out on top? The answer may depend on what you think justice is supposed to do.Special guests:Benjamin Legendre, journalist for Agence-France-PresseWalter Olson, senior fellow at the Cato Institute and founder of OverlawyeredCarlton Larson, professor of constitutional law at UC DavisLissa Griffin, professor of comparative law at Pace UniversityThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

What began as a brazen early morning shooting outside a Midtown Manhattan hotel quickly escalated into a nationwide manhunt and a complex legal and cultural phenomenon.In our fourth episode this season, Josh Russell sits down with his New York courts colleague Erik Uebelacker to unpack the high-profile killing of UnitedHealthcare CEO Brian Thompson and the looming dual trials for suspect Luigi Mangione.Spanning state and federal courts, Mangione's prosecution raises questions for some about double jeopardy and due process. Beyond the courtroom, the case has taken on a life of its own, with Mangione emerging as both a polarizing figure and "progressive icon" as he galvanizes critics of the U.S. health care system and fuels debates over jury nullification and the influence of public opinion.This episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.

As immigration enforcement intensifies, so do questions about the limits of federal power. In our third episode this season, we unpack the legal maze surrounding federal law enforcement and the steep uphill battle for victims who want to hold agents accountable for constitutional violations.We trace the roots of the civil rights law Section 1983 and Bivens, which once gave citizens a path to sue federal officers. But decades of court decisions have narrowed those paths dramatically. When national security and policy discretion enter the picture, do they become shields for misconduct?Today, many victims are trapped in a legal black hole, where federal agents are often harder to sue than local counterparts.Special guests:Mike Fox, legal fellow at the Cato Institute’s Project on Criminal JusticeMarie Miller, attorney with the Institute for JusticeAnya Bidwell, attorney with the Institute for JusticeThis episode was produced by Kirk McDaniel. Intro music by The Dead Pens. Editorial staff is Ryan Abbott, Sean Duffy and Jamie Ross.