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rationally BASED

rationally BASED

By: Center of the American Experiment
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Welcome to rationally BASED, a podcast about law and politics, on the edge. Law professor Ilan Wurman, with co-hosts Kathryn Johnson and Grace Keating, cover cutting-edge, and edgy, legal and political news, ideas, and developments.

© 2026 rationally BASED
Political Science Politics & Government
Episodes
  • Episode 7 | Maryland Man and Law Firms
    Mar 12 2026

    Our hosts, law professor Ilan Wurman and Kathryn Johnson, are joined by special guest host Will Chamberlain. They take a deep dive into the Kilmar Abrego Garcia case and study it as a microcosm of immigration law and the immigration bar. What is the difference between asylum and withholding of removal? Can Kilmar be deported to a third country? Why can't the government detain him? Are district judges playing interference and engaging in lawfare against the Trump Administration? Do immigration lawyers coach their clients to lie? What are the Supreme Court's leading precedents about "due process" and detention? They also discuss a crazy case out of the Third Circuit where the lower courts held not only that the Biden Administration couldn't detain illegal aliens pending deportation even if they had committed serious crimes, but also that the U.S. taxpayers had to pay their attorney's fees. Finally, our hosts talk about Trump's crusade against big law -- and why they think big law does need to be brought to heel.

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    New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

    Follow us on social media on Instagram, X, Facebook, and TikTok!

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    1 hr and 5 mins
  • Episode 6 | Bombs & Basketball
    Mar 5 2026

    Our hosts, law professor Ilan Wurman and Kathryn Johnson and Grace Keating, take a deep dive into the legal questions surrounding the military strikes in Iran and the earlier capture of Maduro. What is international law? Is it really "law"? What is "law" anyway? Hear our hosts talk about the surprising connection to basketball. But even if it's law, should we care about it? What does that have to do with the President's constitutional authority? Our hosts investigate the Office of Legal Counsel's modern framework for engaging in military strikes without congressional authorization, which was used to justify strikes in Libya in 2011. If those strikes can be used to eliminate Libya's leader, why not Venezuela's or Iran's? But, is that modern legal framework consistent with the original meaning of the Constitution? Our hosts explore all that and more - including the political implications of the strikes.

    Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED!

    New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

    Follow us on social media on Instagram, X, Facebook, and TikTok!

    Show More Show Less
    1 hr and 6 mins
  • Episode 5 | Taxes, Tariffs, and Hypocrites
    Feb 26 2026

    Our hosts, law professor Ilan Wurman and Kathryn Johnson, take a deep dive into the Supreme Court's recent decision invalidating many of the Trump Tariffs enacted under IEEPA, the International Emergency Economic Powers Act. Are tariffs taxes? Or can they be used for regulatory purposes? Our hosts cover the question from the perspective of the American Revolution through the twentieth century. Putting the statutory question aside, what should we do now that the statute used to have a legislative veto, but such vetoes have been held to be unconstitutional? What about the nondelegation doctrine? The "Major Questions Doctrine"? Our hosts break it down. And are the three Democrat-appointed Justices hypocrites for ruling in favor of sweeping delegations to President Biden, but reading IEEPA narrowly? What's Gorsuch's beef with everyone? Finally, our hosts take a look at the origins of "originalism" and Jeffrey Toobin's NYT article about the American Constitution Society's radical plan to remake the Supreme Court. (Spoiler alert: there is no plan.)

    Be sure to LIKE, SHARE, COMMENT, and SUBSCRIBE to rationally BASED: @RationallyBasedPodcast

    New Podcast Episodes every Thursday morning, find us on Spotify, Apple Podcasts, or on YouTube!

    Follow us on social media on Instagram, X, Facebook, and TikTok

    Show More Show Less
    1 hr and 6 mins
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