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Birthright Citizenship
Supreme Court
Immigration
Fourteenth Amendment
Wong Kim Ark
Minnesota
Israel
Voting Rights Act
January 6th
Originalism
Public Nuisance
Anti-Weaponization Settlement Fund
Welfare State
Election Day
Election Integrity
Constitutional Law
Insurrection Act
Donald Trump
Executive Orders
Immigration Policy

Welcome to rationally BASED, a podcast about law and politics, on the edge. Law professor Ilan Wurman, with co-host Kathryn Johnson, cover cutting-edge, and edgy, legal and political news, ideas, and developments.

PublishesTwice weeklyEpisodes31Founded6 months ago
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Latest Episodes

In this episode, Kathryn Johnson and law professors Ilan Wurman and Joshua Kleinfeld break down the Supreme Court’s 6-3 decision upholding state laws that bar biological males who identify as girls from competing in girls’ sports.

The majority held ... more

In this episode, Kathryn Johnson and law professors Ilan Wurman and Joshua Kleinfeld break down two blockbuster end-of-term SCOTUS decisions on the administrative state: Trump v. Slaughter and Trump v. Cook.

In the first case, the Supreme Court held... more

In this episode, Kathryn Johnson and law professors Ilan Wurman and Joshua Kleinfeld break down the Supreme Court's 5-4 birthright citizenship decision — a much more closely divided ruling than many expected.

Chief Justice Roberts, writing for the C... more

In this special episode, our hosts — Kathryn Johnson and law professors Ilan Wurman and Joshua Kleinfeld — tackle four recent Supreme Court decisions. They focus on the two big immigration cases from Thursday, where the Supreme Court upheld the right... more

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Recent Guests

Josh Kleinfeld
Rouse Professor of Law at the Scalia Law School, George Mason University
George Mason University
Episode: Episode 23 | When Law Firms Go Hard Left: Trump & the Law Firm EOs
Sanjana Friedman
Fellow at the Manhattan Institute, contributing editor of City Journal
Manhattan Institute; City Journal
Episode: Episode 21 | America's Disordered Cities
Judge Glock
Director of research at the Manhattan Institute; expert on homelessness encampments
Manhattan Institute
Episode: Episode 21 | America's Disordered Cities
Joshua Kleinfeld
Guest, philosopher-lawyer, back on the show
Episode: Episode 20 | Anti-Weaponization Fund – Tit-for-Tat or Unilateral Disarmament?
Yonatan Green
Author of Rogue Justice, Professor/academic with focus on comparative constitutional law
Author of Rogue Justice
Episode: Episode 19 | Autocrat Judges: Israel's Warning for America
Mollie Hemingway
Editor-in-chief at The Federalist; author
The Federalist
Episode: Episode 15 | Alito and the Court
Mateo Forero
Director of Investigations at FAIR
Federation for American Immigration Reform (FAIR)
Episode: Episode 10 | Election Day, Election Integrity
Theo Wold
Former head of Office of Legal Policy, Trump administration; Heritage Foundation contributor
Heritage Foundation
Episode: EMERGENCY Episode 9.5 | Birthright Oral Argument
Morgan Larson
Co-hosted by a student, ASU law school
Arizona State University
Episode: Episode 8 | Asymmetrical Lawfare

Hosts

Ilan Wurman
Host of rationally BASED, law professor at the University of Minnesota Law School
Kathryn Johnson
Co-host

Reviews

4.7 out of 5 stars from 99 ratings
  • Best Commentary

    I just discovered this podcast today and it has the best legal commentary from professor Ilan Wurman.

    Very logical, outside the box thinker, asks great questions.

    I would ask Catherine to be a little more sotto voce because she gets quite shrill when she gets excited and it distracts from the podcast.

    I plan to use this podcast and its excellent references to enrich a constitutional forum that I have been hosting for almost 10 years.. Thank you so much!

    Apple Podcasts
    5
    GeoConservative
    United States2 months ago
  • Great Podcast!

    Ilan and Kathryn are great! They make the issues accessible to all!

    Apple Podcasts
    5
    Ordered Liberty
    United States3 months ago
  • Insightful

    Good legal analysis and commentary.

    Apple Podcasts
    5
    Leea1776
    United States3 months ago
  • Thought Provoking, Rational, and Entertaining

    This podcast provides an entertaining look at legal issues with a fair-minded and conservative perspective.

    Apple Podcasts
    5
    YourWhiteKnight
    United States3 months ago
  • Ilan is great but female sidekick… ugh

    The law professor does a good job explaining current topics. The female commentator

    /interviewer drives me nuts. She talks like a dingbat airhead. Please, your audience has more brains than you think. Tell her to rein it in a bit.

    Apple Podcasts
    4
    wfhound
    United States4 months ago

Listeners Say

Key themes from listener reviews, highlighting what works and what could be improved about the show.

Sharp, critical but fair, with engaging delivery.
Balanced coverage with thoughtful references and historical context.
Clear, thoughtful legal analysis that's accessible to non-experts.
Engaging dynamic between hosts leads to compelling discussions.
Audience-friendly explanations of complex constitutional topics.

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Apple Podcasts
#232
Japan/News/Politics

Talking Points

Recent interactions between the hosts and their guests.

Episode 15 | Alito and the Court
Q: How does Alito approach First Amendment cases differently from some of his colleagues?
He tends to ground opinions in the original record and interpret the right in a way that acknowledges both free speech and its limits, sometimes diverging from the more policy-driven instincts of other justices.
Episode 15 | Alito and the Court
Q: What role does the shadow docket play in modern jurisprudence, and what is Hemingway's take on it?
Hemingway discusses the shadow docket as a tool used in emergencies that, while useful for swift action, raises concerns about legitimacy and process when used excessively or politically; she notes it as a point of contention in public discourse.
Episode 15 | Alito and the Court
Q: How did the Dobbs decision and its surrounding pressures affect the Court according to Hemingway?
She emphasizes that the decision and the surrounding protests and threats highlighted the vulnerabilities of the Court to public pressure, yet also underscored the Justices' resolve to adhere to constitutional boundaries and maintain institutional integrity.
Episode 15 | Alito and the Court
Q: What kind of originalist is Alito, and how does Hemingway characterize him?
Hemingway describes Alito as a practical originalist who starts from the original meaning but remains deeply focused on the concrete facts and practical implications of each case, often seeking to align the law with clear, applicable results.
Episode 19 | Autocrat Judges: Israel's Warning for America
Q: What is the core problem with Israel's 1995 constitutional revolution?
The core problem is that the court effectively invented a constitution and expanded its power to striking down laws and directing government action without a written constitution or legitimate democratic process for creating such a constitutional framework.

Audience Metrics

Listeners, social reach, demographics and more for this podcast.

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Frequently Asked Questions About rationally BASED

What is rationally BASED about and what kind of topics does it cover?

This show centers on provocative intersections of law and politics, with deep dives into constitutional theory, judicial power, and current events shaping liberal democracies. Across episodes, the hosts and guests dissect how courts, legislatures, and political movements influence policy, elections, and rights, often drawing historical context to illuminate today's debates. The tone blends rigorous analysis with accessible storytelling, offering practical takeaways for listeners who want to understand how legal decisions translate into real-world outcomes. A standout trait is the willingness to challenge conventional narratives while remaining thoughtful and engaging, making complex topics approachable for a broad audience.

Noteworthy elem... more

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2. Victor Davis Hanson: In His Own Words
3. The McCarthy Report
4. The Ricochet Podcast
5. Law Talk With Epstein, Yoo & Cooke

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rationally BASED launched 6 months ago and published 31 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on rationally BASED?

Recent guests on rationally BASED include:

1. Josh Kleinfeld
2. Sanjana Friedman
3. Judge Glock
4. Joshua Kleinfeld
5. Yonatan Green
6. Mollie Hemingway
7. Mateo Forero
8. Theo Wold

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