387 avsnitt • Längd: 50 min • Månadsvis
A show about the law and the nine Supreme Court justices who interpret it for the rest of America.
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President Donald J Trump’s administration has been invoking a conservative legal theory as justification for his claim to possess king-like presidential powers. This new supercharged version of the “unitary executive theory” may just be extreme enough to stick in the craw of some conservative judges, but will it find a warm welcome when it inevitably lands at the Supreme Court, and should we brace for the overturning of 90 years of precedent in the form of Humphrey’s Executor? Dahlia Lithwick’s guest this week is Deepak Gupta, former senior counsel at the Consumer Financial Protection Bureau and founding principal of Gupta Wessler LLP, who is now fighting for his former colleagues' jobs in court. Gupta is also representing Gwynne A Wilcox, the Chair of the National Labor Relations Board who was fired via late night email in a case that is likely headed to SCOTUS.
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On Monday, President Trump’s personal lawyer and Acting Deputy Attorney General Emil Bove ordered prosecutors to drop federal corruption charges against New York City Mayor Eric Adams. Adams had been courting President Trump for weeks, including with a pre-inauguration visit to Mar A Lago, but the shape of the deal struck between the accused Mayor and the incoming administration came into clear view with a flurry of Department of Justice resignations on Thursday. On this week’s episode of Amicus, Dahlia Lithwick speaks to Harry Litman, a former U.S. attorney, and host and executive producer of the podcast Talking Feds. Harry explains why the so-called “Thursday Night Massacre” is not the kind of scandal even this administration can shrug off while yelling something about the “deep state” and “weaponization”.
Next, Dahlia turns to the chaotic, destructive and dangerous “spontaneous disassembly” of much of the federal government currently taking place at the hands of Elon Musk with guest Sam Bagenstos, former general counsel of the United States Department of Health and Human Services until December 2024, also former general counsel for the Office of Management and Budget from January 2021 until June 2022. Now a professor at the University of Michigan, Sam explains what happens when the federal government stops working, and why persistently asking whether or not we’re in a constitutional crisis is simply the wrong question.
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DOGE is running wild in the District of Columbia. Chaos reigns supreme. Trump 2.0 has been frightening and it’s all been happening so fast. But there are lots of people fighting back, as they try to slow the damage. And the courts are exactly where the pushback has been most fierce. One of the teams of people leading the charge includes former Judge Nancy Gertner, one of the many legal professionals suing the Trump administration. Judge Gertner's case is about the list of rank and file FBI agents threatened with retribution and the public disclosure of their names, because they did their jobs and prosecuted January 6th cases. Gertner is involved with a slew of cases from the State Democracy Defenders Fund. She talks with host Dahlia Lithwick about the many wins against the administration in court this past week, and whether they matter. Next, Slate senior writer Mark Joseph Stern joins Dahlia to update us on the DOGE litigation and the Birthright Citizenship cases.
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If you’re punch-drunk and disoriented this week, come on in. Donald J Trump’s second administration is materializing at frightening speed and recklessness and it is hard (and stressful) to keep up with it all. Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International affairs at Princeton University, explains that the speed and viciousness of the legal orders in Trump 2.0 are evidence that America switched over to the fast track for autocracy on January 20th, 2025. An expert in the law of autocracy, Scheppele has seen firsthand what happened to constitutional courts and the democratic norms that governed them in Russia and Hungary and she joins Dahlia Lithwick on Amicus this week to explain how Trump’s executive orders on everything from government funding to transgender people in the military reveal a familiar global playbook that has chillingly familiar endpoints.
Un-paywalled episodes' description:
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Amicus is coming to you with an extra episode because of the five-alarm threat to the balance of power in the wake of Monday and Tuesday’s memos from the White House Office of Management and Budget freezing vast tranches of federal funding. As agencies, states, and nonprofits scramble to figure out if they can make payroll or even keep the lights on, a hugely significant legal battle is brewing over what, if any, actual restraint remains on this administration’s vision of presidential power. Dahlia Lithwick is joined by Professor Stephen Vladeck of Georgetown University Law Center to understand the ramifications of a flimsy memo that threatens the very structure of government as we know it in the United States.
The Impoundment Crisis of 2025 - by Steve Vladeck
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It’s barely been a week and the torrent of horrible coming from the pens and mouth of President Trump is staggering. Many of the executive orders signed this week focus on immigration, and that is where we have our eyes trained as well. This week, to help us make sense of the whirlwind that threatens to upend the lives of millions of people Dahlia Lithwick talks to Aaron Reichlin-Melnick, Senior Fellow and former policy director at the American Immigration Council, a pro-immigrant nonprofit aiming to defend immigrants through litigation, advocacy, and more. Not all executive orders are created equal, and so Aaron leads us through what’s constitutionally possible, legally probable, and already swinging into action from Trump’s immigration edicts.
Aaron’s post about Bishop Mariann Edgar-Bunne: https://bsky.app/profile/reichlinmelnick.bsky.social/post/3lgdojbbjvk2y
Amicus’s October episode on the Alien Enemies Act of 1798 with Katherine Yon Ebright,
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Some very clear themes are already emerging from President Donald Trump’s executive orders; cruel, chaotic, and fear-stoking - yes, but also - they’re rife with shoddy drafting (is that you, ChatGPT?), sloppy lawyering, and some are wildly unconstitutional. In an extra episode of Amicus for plus members, Dahlia Lithwick and Mark Joseph Stern begin the work of parsing a few of the many, many executive orders raining down on America in the hours since Trump assumed office for the second time.
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Donald Trump becomes president again on Monday, and as Joe Biden leaves the White House, we’re on the brink of a massive change in how the law is interpreted. Pam Bondi’s confirmation hearing was one of a host of clues this week that we are in for a wild legal and constitutional ride. On this episode of Amicus, host Dahlia Lithwick is joined by constitutional scholar Professor Pamela Karlan to pick through what we learned this week about what the law is and what it is about to become –– from Jack Smith’s report, to the new (presumptive) Attorney General of the United States’ apparent ignorance of birthright citizenship and therefore the 14th amendment.
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While Donald J Trump was virtually fuming at his sentencing hearing in Judge Juan Merchan’s New York City courtroom on Friday morning, the nine justices of the US Supreme Court were taking their seats for oral arguments in the so-called TikTok ban case. And while it only took 40 minutes for the president elect’s sentence of an ‘unconditional discharge’ to be pronounced, the arguments over national security, the First Amendment, and an app that 170 million Americans use took a couple of hours longer.
Amicus has an analysis of all of it. First, Dahlia Lithwick and Mark Joseph Stern discuss whether and how Trump’s sentence matters, and what it tells us about the Supreme Court under Trump 2.0. Next, they’re joined by Gautam Hans, clinical Professor of Law at Cornell Law School, who specializes in constitutional law, technology law and policy, to discuss why the Supreme Court seemed so very ready to reach right past the First Amendment and grab for national security in order to uphold the TikTok ban.
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How do you eat an elephant? One bite at a time.* There is a cluster-you-know-what of constitutional and legal news this week, so Amicus Plus is popping up a little early with a bonus episode to tackle the Trump prosecutions portion of the melee ahead of Friday’s very important TikTok-ban arguments. Dahlia Lithwick is joined by Andrew Weissman, co-host of the MSNBC podcast "Prosecuting Donald Trump” (recently re-launched as “Main Justice” for…. obvious reasons!) Andrew is also author of two New York Times bestsellers, The Trump Indictments and Where Law Ends: Inside the Mueller Investigation.
*We are not eating elephants. Please do not eat elephants.
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Happy (?) New Year. Amicus is gingerly stepping into 2025 and into the coming onslaught of Trump 2.0 with one of the country’s very best legal, constitutional and human guides –– civil rights litigator and 14th Amendment scholar Sherrilyn Ifill. Together, Sherrilyn and Dahlia navigate some of the most pressing questions facing the law, the legal profession, and those who care about it. In his end of year judicial report, Chief Justice John Roberts chose to claim the mantle of both embattled civil rights champions and also infallible monarchs while blaming pretty much everyone except the court for the high court’s plummeting legitimacy. What does it mean when the most powerful men in the world equate all criticism with threats of violence, and confuse victory with victimhood? What does it mean when Supreme Court justices decide to freelance and freestyle as trial court judges and appellate litigators at high court oral arguments? And what do lawyers and judges need to do to hold the line in the coming year, and the years that will follow?
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Maybe the court won’t listen to your complaints and questions - but we will. As a parting gift to you this year, Dahlia Lithwick and Mark Joseph Stern answer your questions about Trump, the courts and the constitution. Could Trump be president a third time? What does immigration law look like under Trump 2.0? And a deep dive into Dahlia and Mark’s comic book character psyches.
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It wasn’t a great week for speaking truth to power. ABC’s decision to settle Donald Trump’s defamation lawsuit to the tune of $16 million at the behest of parent company Disney sent shockwaves through newsrooms around the country. Coupled with Trump’s lawsuits pending against publishers, journalism prize organizations, CBS, and this week’s news that the President-elect is suing an Iowa pollster and the newspaper that published her poll for “election interference”, rising fears about the freedom of the press are pretty understandable. On this week’s Amicus, Dahlia Lithwick is joined by storied media columnist Margaret Sullivan and First Amendment scholar Sonja R West to understand the protections in place and the pinch points for a free press under Trump.
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Last week, we examined the deeply worrying prospect of Kash Patel, FBI director. This week, that possibility became even more worrisome with respect to the future of the FBI, all sparked by current director Christopher Wray’s announcement of his intention to step down. To kick off this week’s show, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern, who explains why Wray’s decision is very bad news for the law and the rule of law.
Next, the planet: Last summer, we tried to absorb the sheer scale of the shift in the constitutional landscape following a run of cases at the end of the last term that gave the courts the power to reshape the administrative state from the bench, and to impede the tools of the environmental protection trade at a time when the climate is in crisis. But the news cycle moved on and the global climate alarm got snoozed again. That alarm was surely ringing again at One, First Street this week, when a case that could reshape the nation’s biggest environmental law was argued at the Supreme Court.
Seven County Infrastructure Coalition v. Eagle County, Colorado comes to the court as a dispute over how much review is due to a railroad plan that will carry waxy, crude oil through environmentally sensitive areas, and send said waxy crude on its way to already polluted and health blighted gulf communities. Sam Sankar of Earth Justice was on hand to explain how this weedy case paints a very clear picture of the Supreme Court conservative majority’s fondness for grabbing cases that are vehicles for achieving their preferred policy outcomes, but then finding themselves in a bit of a pickle when its time to craft a new test for an old problem.
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What do people inside the Department of Justice think about their once-colleague and possible-future-overlord, Kash Patel? On this week’s Amicus, Dahlia Lithwick is joined by former US Attorney Joyce White Vance to discuss the frightening implications of Patel's potential nomination as FBI Director under the incoming Trump administration. They explore Patel's contentious history, including his time in the DOJ, his authorship of the Nunes memo, and his bottomless loyalty to Trump. They also discuss the broader consequences of Patel’s stated desire to use the Justice Department as a tool for political retribution, including threats to journalists and DOJ officials, and what his targeted individuals can do in the face of this new, chilling reality.
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When it comes to gender affirming care for teenagers, parents’ rights no longer matter. Doctors’ opinions no longer matter. Next week, the Supreme Court will hear arguments in United States. v Skrmetti, challenging Tennessee’s ban on healthcare for trans kids, and upending half a century of gender protection doctrine.
Dahlia Lithwick is joined by Chase Strangio, co-director of the ACLU’s LGBT & HIV Project, who will also be the first openly trans lawyer to argue at SCOTUS when he argues, alongside the Biden administration, representing the parents and physician of trans adolescents seeking care, in what will be the biggest trans rights case the court has ever heard. Chase and Dahlia dig through the doctrine to reveal the conservative legal movement’s deep hypocrisy when it comes to trans rights as compared to the rights of parents and doctors when it comes to abortion.
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If you had forgotten the chaos of Trump 1.0, the frenzied first two weeks of transition to Trump 2.0 has surely been a stark reminder. A pair of random billionaires are claiming in advance that SCOTUS will back their extra-governmental plans for a slash and burn policy for federal agencies; accusations of sexual misconduct swirl around cabinet picks; nominations are being retracted and replaced, and while all of this happens we are waiting to see whether Republicans in the Senate will step into a role of moderation, or just roll over. This matters a lot with respect to what the federal judiciary is going to look like, how much scrutiny is applied to the most outlandish cabinet nominees, and the independence of the Justice Department.
On this week’s Amicus, Dahlia Lithwick is joined by Senator Sheldon Whitehouse of Rhode Island, who has spent years investigating the dark money plot to control the courts, and who knows from firsthand experience why the justice department is different from other agencies.
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Trump’s announcement of Matt Gaetz as his pick to head the Justice Department was met with gasps around the Capitol. Dahlia Lithwick is joined by Slate’s senior legal writer Mark Stern to, yes, gasp together, but also to dig into what this stunt Attorney General appointment means for the law and the rule of law.
Next, Dahlia talks to Dr. Mary Anne Franks, author of Fearless Speech about the new era of censorship we are entering under the unprecedented power of Elon Musk and the oligarchs screaming “free speech” as they sue in their forum-shopped court of choice.
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We are, most of us, still very much in the post-election fog. It’s early days and while the fog persists, some of the shape of the future is very clear: despite his felonies, his lies, his promised mass deportations and threats of vengeance, President Donald J Trump will re-enter the White House in 2025 better organized, with a clearer mandate, and with the seal of approval of the popular vote. On this week’s Amicus, Dahlia Lithwick is joined by Protect Democracy’s Ian Bassin to discuss navigating the challenges that lie ahead for American democracy, as we collectively struggle to make sense of this pivotal moment and to emerge from the fog with a flicker of hope.
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In this extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern wade through the immediate aftermath of the election. Will splitting the ticket on abortion protect abortion rights nationally? (No) What will the federal government look like at 12:02 pm on January 20th, 2025? (very different than at 11:58 am that day) Are all of Brett Kavanaugh’s wildest unitary executive dreams about to come true? (looks likely!)
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This week’s show is unapologetically long, deep, and hopeful. Dahlia Lithwick is joined by Yale history professor Timothy Snyder to talk about his new book, On Freedom, and to have the audacity to re-imagine freedom on the precipice of an election that could turn the United States hard right into tyranny. Next, Dahlia is joined by Rick Hasen, Director of the Safeguarding Democracy Project at UCLA Law School, for a gut-check about how the election might go, legally speaking, and a reminder that “too early to call” is a pro-democracy posture on election night—even as the former guy almost certainly claims victory before the clock strikes midnight—regardless of the actual results.
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It’s easy to dismiss nativist rhetoric as mere Trumpy “locker room talk.” But when it comes to immigration, deportation and even detention, rhetoric about foreigners and violent invaders is actually a legal long game. Toward the end of the summer of 2023, Katherine Yon Ebright, counsel in the Brennan Center’s Liberty and National Security Program, noticed that rightwing anti immigration groups and the Trump campaign had started talking in earnest about using a very old law with a very dark history, in order to do very chilling things to immigrants. She started researching the Alien Enemies Act of 1798, the sole operative part of the notorious Alien and Sedition Acts. By October 2024, Donald Trump was invoking the statute in most of his stump speeches, saying he intends to use it to carry out the mass deportations of non-citizens, without due process and with domestic law enforcement deployed to full effect. We are already seeing Texas trying to use the language of “foreign invasion” to achieve exactly these ends. On this week’s Amicus podcast, Dahlia Lithwick asks Katherine Yon Ebright to help the rest of us catch up with her deep dive on this dangerous law, and to explain why we should take the threats to use it literally and seriously.
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You’re nervous. We’re nervous. As we stop for gas with almost two weeks to go before November 5th, we’re kicking the tires of American democracy to see if it’s roadworthy. On this week’s show, Dahlia Lithwick is joined by Matthew Seligman, one of the authors of How to Steal a Presidential Election, to examine the legal avenues available to Donald J Trump and his band of merry lawyers to subvert the presidential election. Seligman answers Amicus listeners’ most common election question: Can MAGA electors refuse to certify the election if they disagree with the outcome?
Next, Dahlia talks to retired respected conservative federal judge J Michal Luttig, who is raising the alarm about the Supreme Court’s willful ignorance when it comes to defending democracy from Donald J Trump. Judge Luttig says part of the blame for the January 6th insurrection lies with the Supreme Court, and warns the court’s majority is poised to tip the scale for Trump this time around.
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“Prosecutors elicited perjury and a man's gonna go to his death. We can't allow that to happen.” – Paul Clement, October 9th, 2024.
This week the US Supreme Court heard arguments in the latest chapter in the complex and prolonged legal battle involving Richard Glossip, who has been on Oklahoma's death row since his conviction for a 1997 murder-for-hire. Following two independent investigations into allegations of prosecutorial misconduct, suppression of material evidence, and a history of inadequate defense counsel, Oklahoma’s Attorney General took the bold step of confessing to constitutional error in the case and supporting a new trial. But Oklahoma’s State Supreme Court is pressing on with Glossip’s execution, and so, on Wednesday morning, the High Court heard a case long on the appearance of process and short on actual justice. Don Knight, Richard Glossip’s attorney of almost 10 years, provides insights into the flawed process, and the shocking revelations from newly discovered evidence boxes. This case highlights broader questions about justice, fairness, and trust in the American legal system…. Leading us to an update from the latest inductee to the Lady Justice Hall of Fame – Amicus listener Barbara Hausman-Smith, and her one-woman protest at One First Street. Listen to the end of the show to find out what links this 76-year-old grandmother from Maine to the late Justice Ruth Bader Ginsburg and SCOTUS’s landmark decision to legalize equal marriage in Obergefell in 2015.
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Democracy had a pretty rough ride at the Supreme Court last term. Presidents have criminal immunity now! Agency experts aren’t the experts anymore! Sure, you can convert that rifle into an automatic weapon! And guess what? More horrors await us this term.
But we are not going to spend this last episode before the start of a new term dispassionately picking over a smattering of cases for a lawyerly preview, or helplessly doom spiraling. Instead, we will hear from two women who refuse to blithely accept what the High Court is handing down—two women who have decided to do something, in very different ways.
You’re going to find out why one of these women will head to SCOTUS on Monday in the suit she wore to argue before the High Court 44 years ago. Dahlia Lithwick will ask the other woman, Skye Perryman of Democracy Forward, about the legal theories, doctrine tracking, and litigation strategies her organization is deploying to fight for democracy in the courts –– even (and especially) in courthouses and cases far from One First Street, where until now, the conservative legal movement has had almost free reign. Because any honest preview of the new Supreme Court term needs to look wider and deeper than the handful of cases docketed for the coming weeks.
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State Supreme Courts are vital to the functioning of American democracy. They are also where voting rights are enforced or eviscerated. This is especially true of North Carolina’s State Supreme Court, a battleground court in a battleground state. On a special bonus episode of Amicus, Dahlia Lithwick and Mark Stern (your Amicus Plus dream team) are joined by Justice Allison Riggs of North Carolina’s State Supreme Court for an in-depth interview on what’s at stake in North Carolina this year, and the path forward for progressive priorities and jurists in state courthouses.
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In this week's Amicus, Mark Joseph Stern steps in for Dahlia Lithwick to preview the upcoming Supreme Court term and dive into the high-stakes case of Garland v. VanDerStok. This critical case examines the legality of 'ghost guns'—untraceable firearms that can be assembled at home from kits bought online. Stern talks with Eric Tirschwell, executive director and chief litigation counsel of Everytown Law, the litigation arm of Everytown for Gun Safety. Stern and Tirschwell discuss the profound public safety implications of this case and the dramatic decrease in ghost gun-related crimes following the Biden administration’s introduction of the rule at the heart of the case. They also uncover the role of dark money in funding lawsuits aimed at eroding gun safety laws, and how it compares to the anti-abortion legal strategies of the Christian right.
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Chief Justice John Roberts has been labeled by some as the serious centrist at the court, and he seemed to embrace and internalize that. But the New York Times’ revelations about behind-the-scenes maneuvers favoring Trump in last term's insurrection cases shattered that illusion once and for all. The Chief’s stance in these cases surprised the Roberts-as-twinkly-eyed-institutionalist brigade, but did not, apparently, shock this week’s guest, Linda Greenhouse. Greenhouse was the New York Times Supreme Court correspondent for 30 years, and is the author of Justice on the Brink: A Requiem for the Supreme Court.
As we head into another pivotal Supreme Court term, Dahlia Lithwick and Greenhouse turn their expert SCOTUS watching lens on how the High Court got so leaky, why the Chief was so unprepared for the public backlash to his decision in the immunity case, and whether the Chief is so much Team Trump that we should worry about the election cases inevitably headed his way.
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Republicans from Ohio to Arkansas, from South Dakota to Florida and from Nebraska to Missouri have been throwing everything at trying to keep abortion ballot measures from actually reaching voters. In this week’s Amicus - a deep look at efforts to stifle and chill direct democracy in the states, post Dobbs. Dahlia Lithwick is joined by Jessica Valenti, the author of Abortion: Our Bodies, Their Lies, and the Truths We Use to Win, and Lauren Brenzel, the campaign director for Yes on 4 in Florida, about the playbook that’s being used to threaten ballot initiatives to protect abortion rights in states around the nation.
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The 2024 election is already underway, with some states already sending out ballots for mail-in voting. But as democrats are basking in the waning glow of their brat summer, the republican party spent the summer on a “protect the vote” tour, spearheaded by RNC co-chair and DJT daughter-in-law Lara Trump. It’s a pretty clever step — from “Stop the Steal” to “Protect the Vote” — and it’s just one of the lessons the MAGA party learned from the failed attempt to overturn the 2020 election. This week on Amicus: what’s changed in election law since 2020, and what it means for the vote in 2024. Dahlia Lithwick is joined by Ari Berman, Mother Jones' national voting rights correspondent and author of Minority Rule: The Right-Wing Attack on the Will of the People―and the Fight to Resist It.
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In the last episode of our series The Law According to Trump, we try to figure out what it all means. In the months since SCOTUS gave Trump even more immunity than he asked for, the people prosecuting the former president are finding themselves in uncharted waters. How are they doing?
Slate’s Jurisprudence editor Jeremy Stahl talks with host Andrea Bernstein about how Jack Smith has tweaked the election interference cases, as well as how Trump’s legal approach has changed since the Supreme Court ruled for him in Trump v. U.S..
Listen to Andrea Bernstein on We Don’t Talk About Leonard, Trump Inc., and Will Be Wild. Andrea is also the author of American Oligarchs: The Kushners, the Trumps, and the Marriage of Money and Power.
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
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Former President Donald J Trump keeps figuring out ways to escape criminal liability. The Supreme Court has thrown a wrench into the insurrection case and delayed sentencing in the campaign finance hush money case, while a Florida judge helped him slip out from under charges of recklessly mishandling classified documents… at least, for now.
But Trump has seen less success defending himself in civil courtrooms - including two judgments against him in defamation cases brought by writer E. Jean Carroll. Trump owes tens of millions of dollars.
On this episode of our series “The Law According to Trump,” is the civil court path to holding Trump to account in a way that actually sticks? Damon Hewitt, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law, speaks with host Andrea Bernstein about his case that uses the 150-year-old KKK Act to make Trump face consequences for his actions on January 6th.
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
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The power of the presidential pardon is a holdover from America’s colonial roots. But no one had used it like former President Trump. Over and over he kept pardoning his allies, and then, he’d welcome them back into the fold. . It seemed like he was rewarding these criminals for their loyalty, and belittling whole categories of crime, like fraud, campaign finance violations, and corruption. Is that what was really happening?
This week in our series called The Law According to Trump, we go deeper into Trump’s use of the pardon with Ciara Torres-Spelliscy. Torres-Spelliscy is a professor of law at Stetson University and the author of Corporate Citizen?: An Argument for the Separation of Corporation and State and Political Brands. Torres-Spelliscy speaks with host Andrea Bernstein about how Trump’s pardoning has hurt democracy, and what it means for the future of the country.
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
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Even before he was president, Donald Trump was known for stiffing his lawyers. But considering how the stakes changed once he took the Oval Office, not getting paid seemed like a pleasant option. During and after his presidency, lawyers who represented Trump have pleaded guilty in election fraud cases, campaign finance cases and more. So why do they keep representing him? Is this risk of jailtime worth the reward of…well, what is the reward?
In this next installment of The Law According to Trump, another lawyer speaks with us about representing Donald Trump. Danya Perry is Michael Cohen’s attorney (yes, that Michael Cohen). She offers insight into why lawyers still want to represent Trump, and what the ethical implications are - personally and professionally.
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.
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In the first in a new series, The Law According to Trump, Amicus begins an extensive exploration of Donald Trump's tumultuous relationship with the courts and legal system, focusing on Trump's use of lawyers and lawsuits to enhance his brand, wealth, and power. In the past few months, attention has rightly been on several blockbuster federal cases involving former President Trump, all the way up to and including his immunity case at the Supreme Court, but Trump’s history with the law goes back much further and is much broader than the election subversion cases.
While Dahlia Lithwick takes a well-deserved break, Amicus is very lucky to have award-winning investigative journalist Andrea Bernstein in the host chair. Andrea has covered five trials against Trump or his company for NPR, is the author of American Oligarchs: the Kushners, the Trumps, and the Marriage of Money and Power, and she has also hosted three podcasts that touch on Trump and the law, including, most recently “We Don’t Talk About Leonard.”
This episode delves into Trump's history of litigation with a close eye on how he has used nuisance lawsuits. Slate’s jurisprudence editor Jeremy Stahl joins Andrea to outline the many people and organizations the former President has sued since leaving office. Then, former US Attorney Jim Zirin, author of Plaintiff in Chief: A Portrait of Donald Trump in 3500 Lawsuits, fills us in on the history of Trump’s love of litigation.
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It’s not just us feeling exhausted right? It’s been a totally wild past few weeks. That’s why we are taking off the next few weeks to bring you a special series we’re calling “The Law According to Trump.” Andrea Bernstein, the host of WNYC’s Trump Inc., will be stepping into the host chair for Dahlia Lithwick in the month of August to explain how the former president uses the law to his advantage, and how he has gamed the judicial system to his advantage for decades before he entered political life. Andrea joins Dahlia to preview the series.
Later in the show, Dahlia talks with Judge David S. Tatel. Tatel served on the United States Court of Appeals for the District of Columbia Circuit, and became prominent for both his jurisprudence and his blindness. His new memoir, Vision, was published last month and every young lawyer should read it. On this week’s show Judge Tatel discusses the book, which details his experience on the federal appeals court and his blindness. They also talk about his concerns for the current Supreme Court and its recent approach to the law.
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So President Biden finally signaled an openness to maybe possibly thinking about Supreme Court reform. Too little, too late, perhaps - but also, desperately needed, certainly. The US Supreme Court views itself as separate and apart from all other courts - including international counterparts. What could Americans learn from other courts? One of the world’s most respected jurists, retired Canadian Supreme Court Justice Rosalie Silberman Abella, joins Dahlia Lithwick on this week’s Amicus for a very special conversation about the role of constitutional courts in democracy, and where SCOTUS may be veering off track.
Without Precedent: The Supreme Life of Rosie Abella
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The judge overseeing the stolen classified documents case at former President Trump’s Mar-A-Lago Club has dismissed the case, ruling that Jack Smith’s appointment as special counsel was unconstitutional. This decision will likely be appealed. It’s a big swing, on a Trump trial question that’s very possibly heading on a fast track up to the United States Supreme Court. That sinking feeling is becoming pretty familiar, huh? In a special episode of Amicus for our Slate Plus subscribers, Dahlia Lithwick speaks to Matthew Seligman who had argued for the constitutionality of the special counsel last month in Judge Cannon’s courtroom in Florida.
This episode is member-exclusive. Listen to the full version now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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Administrative law may not sound sexy. And maybe that’s because it truly isn’t sexy. But it is at the very center of the biggest decisions this past Supreme Court term, and also widely misunderstood. In this week’s show, we asked Georgetown Law School’s Professor Lisa Heinzerling to come back to help hack through the thorny thicket of administrative law so we can more fully understand the ramifications of a clutch of cases handed down this term that – taken together – rearrange the whole project of modern government. The Supreme Court’s biggest power grab for a generation isn’t just about bestowing new and huge powers upon itself, it’s also about shifting power from agencies established in the public interest to corporations, industry and billionaires.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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What just happened??? Despite going into June clear-eyed and well informed about the Supreme Court’s conservative supermajority, the number of huge cases before it, and the alarming stakes in so many of those cases…we are, nonetheless, shocked. The October 2023 term came to a shuddering end on Monday July 1st and Dahlia Lithwick, Mark Joseph Stern, Steve Vladeck and Mary Anne Franks are here to help parse some monumental decisions, some smaller cases with big ramifications, and what we can understand about the Justices who made those decisions for the rest of us, and the Justices who dissented.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
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The Supreme Court’s conservative majority rounded out the term by gifting massive unprecedented power to commit criminal wrongdoing to presidents. A court that already put a thumb on the scale for former President Donald J Trump by slow talking and slow walking the immunity case in exactly the way he hoped, has now thrown out the scale in favor of a brand new sweeping, monarchic immunity ruling in favor of the former president and any future insurrection-prone presidents. Trump v United States provides that US Presidents may enjoy wide-ranging immunity from criminal prosecution because coups are constitutional as long as you make them official. This episode delves into the decision’s implications for democracy, and for presidential power, while also providing historical context. We also look ahead to the legal battles looming in the various Trump trials at all their various stages. What does this do to the Georgia indictments? The classified documents case? And the felony counts for which Trump will be sentenced next week? Host Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, senior writer on the courts and the law, and Professor Corey Brettshnieder, who teaches constitutional law and political theory at Brown University and is the author of the new book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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While most everyone was reacting to Thursday’s Presidential debate, we had our eyes trained on the Supreme Court. It was again (surprise!) bad. SCOTUS determined that sleeping outside was illegal in Grants Pass v Johnson. They limited the scope by which insurrectionists could be charged for their actions on January 6, 2021 in Fischer v United States. The unelected robed leaders then laid a finishing blow in Loper Bright Enterprises v Raimondo, overturning the decades-long guidance of the longstanding Chevron doctrine and upending the ways in which government agencies can regulate the things they regulate like; clean air, water, firearms your retirement account and oh, medical care.
This term has signaled something especially troubling. While you can certainly be concerned about Trump or Biden being president once again, you should be more worried about how the justices at the Supreme Court have basically made themselves the end-all-be-all of every legislative matter, regardless who wins presidential contests. It should also come as no surprise who will benefit from these decisions (rich people with yachts).
Host Dahlia Lithwick speaks with Slate’s Mark Joseph Stern and Professor Pam Karlan, co-director of Stanford law school’s Supreme Court Litigation Clinic to go over Friday’s rulings and to break down what it means that federal agencies will no longer be able to, you know, do anything reasonable.
Listen to an interview with a doctor helping unhoused people in Grants Pass, OR.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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What’s this? A bonus Opinionpalooza episode for one and all? That’s right! The hits just keep coming from SCOTUS this week, and two big decisions landed Thursday that might easily get lost in the mix: Ohio v EPA and SEC v Jarkesy. Both cases shine a light on the conservative legal movement (and their billionaire funders’) long game against administrative agencies. In Ohio v EPA, the Court struck down the EPA’s Good Neighbor Rule, making it harder for the agency to regulate interstate ozone pollution. This decision split along ideological lines, and is part of a stealthy dismantling of the administrative state. SEC v Jarkesy severely hinders the agency’s ability to enforce actions against securities fraud without federal court involvement, and the decision will affect many other agencies. In her dissent, Justice Sonia Sotomayor pointed out how this power grab by the court disrupts Congress's ability to delegate authority effectively. Project 2025 just got a jump start at SCOTUS, and we have two more big administrative cases yet to come, the so-called Chevron cases: Loper Bright v Raimondo and Relentless, Inc. v Department of Commerce. This is shaping up to be a good term for billionaires and a court apparently hungry to expand its power. Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern (of course) and they are saved from any regulatory confusion by environmental and administrative law all-star, Lisa Heinzerling, the Justice William J. Brennan, Jr., Professor of Law at the Georgetown University Law Center, who served in the EPA under President Obama.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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On Wednesday, the Supreme Court issued two important decisions in its traditional fashion: a box of printed copies for those journalists in the press room, and furious SCOTUS website refreshing for those who were not.
Murthy v Missouri was one of the closely watched social media cases of the term, about “jawboning” or when and if the government can ask/prod/urge private social media companies to moderate content in the interest of things like public health or election integrity, or whether such conduct constitutes censorship. Snyder v US concerned corruption and the difference between bribes and gratuities under a federal corruption law.
Somewhere in between the publishing of these opinions, however, the court inadvertently and very briefly published what may or may not be its opinion in a pair of emergency abortion cases, Moyle v United States and Idaho v United States. The Court spokeswoman urged us all to pay no attention to the early draft. Chaos ensued. On this extra, members-only episode of Amicus, Dahlia Lithwick is joined by Mark Joseph Stern to try to get our arms around a day of big news, including the “now you see it, now you don’t” abortion news at the highest court in the land.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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Another major case for the “not a loss/not exactly a win” pile this term at SCOTUS. A majority of the Supreme Court’s conservative majority said what we knew all along - adjudicated domestic abusers shouldn’t hold onto second amendment rights and the guns that they are statistically, horrifyingly, apt to use to harm their intimate partners. In an 8-1 decision in United States v Rahimi, the Roberts Court looked frantically for a way to reverse out of – while still technically upholding – its bonkers extreme originalism-fueled Bruen decision from two terms ago.
This week Dahlia Lithwick and Mark Joseph Stern are joined by Kelly Roskam, the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Solutions.
Later in the show, Mark and Dahlia look under the hood of Department of State v Munoz - an immigration case decided this week that Justice Sotomayor says is sewing seeds for the end of marriage equality as we know it.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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A bump stock is an attachment that converts a semi automatic rifle into a weapon that can fire as many as 800 rounds per minute - an intensity of gunfire matched by machine guns. The deadliest mass shooting carried out by a single shooter in US history - the October 2017 Las Vegas massacre - was enabled by a bump stock. On Friday, the US Supreme Court struck down a Trump-era bump stock ban introduced in the wake of that tragedy, in which 60 people were killed and hundreds more injured. Writing for a perfectly partisan six to three majority, gun enthusiast and ultra conservative Justice Clarence Thomas, decided the administration had overstepped its authority enacting the ban, and based the decision in a very technical, very weird reading of the statute. On this Opinionpalooza edition of Amicus, Dahlia Lithwick is joined by Slate’s senior writer on the courts and the law - Mark Stern, and David Pucino, Legal Director & Deputy Chief Counsel of Giffords Law Center to Prevent Gun Violence. Together, they discuss the careful reasoning and research behind the ban, Justice Thomas’ self-appointment as a bigger gun expert than the agency charged with regulating guns - the ATF, how the gun industry used its own “amicus flotilla” from extreme groups to undermine the agency, and how the industry will use this roadmap again. But, please don’t despair entirely, you’ll also hear from David about hope for the future of gun safety rules.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) Plus listeners have access to all our Opinionpalooza emergency episodes.
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What do you call a case where there’s no standing and yet the lawsuit is still standing? FDA v Alliance for Hippocratic Medicine AKA the mifepristone case, AKA the case that tried to raise a zombie law from the dead, and will now continue to roam the lower courts in search of a national abortion ban.
While the Comstock Act was not mentioned in the US Supreme Court’s unanimous decision to maintain the legal status quo on abortion pills, the overton window just got wedged open a little wider.
In this Opinionpalooza extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern discuss SCOTUS’ abortion pill decision in depth and explore the consequences of a case that was doomed to fail before even this Supreme Court, but is also doomed to return to haunt us.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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Over the past 15 years, the journalist and author Katherine Stewart has been charting the rise of Christian Nationalism in the United States. On this week’s Amicus, Stewart joins Dahlia Lithwick and Rachel Laser of Americans United for Separation of Church and State to discuss the worrying signs of the growing power of extremist christian ideologies at the highest court in the land. Together, they trace shifts in jurisprudence that have emboldened and empowered some of the most extreme fringes of the extreme Christian right, and explain how the changing legal landscape is enabling right wing religious fever dreams to become explicit policy in a document like Project 2025. They all agree on this one thing: This is an episode about much more than flags.
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As a jury in Lower Manhattan responded with “guilty” to all 34 felony counts in former President and presumptive GOP presidential nominee Donald J. Trump’s hush money trial on Thursday, dozens and dozens more questions began to swirl. Will Trump appeal? On what grounds? Will Justice Juan Merchan sentence Trump to jail time? Will the US Supreme Court intervene? Is the gag order still active and in place? Luckily, we have the perfect guest on Amicus to answer all those questions to the extent that it is humanly and expert lawyerly possible. Ryan Goodman is the Anne and Joel Ehrenkranz Professor of Law at New York University School of Law. He served as special counsel to the general counsel of the Department of Defense (2015-16). He is also the founding co-editor-in-chief of the national security online forum, Just Security, a vital resource if you are trying to follow the many trials and appeals of Donald J Trump.
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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Business as usual at the Supreme Court is the institutional response to the unusual business of Justice Samuel Alito’s letter writing about his flag-flying wife. In this bonus episode for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern knit together the yarns of jurisprudence with injudicious symbolic support for insurrection and christian nationalism - so you don’t get lost in this tangle. As the justices hand down cases and turn down congressional requests for recusal, Dahlia and Mark trace the link between bending the facts and discarding the record to suit Justice Alito’s narrative in his opinions, in his non application of the ethics code, and in his lack of humility in the flag fiasco.
This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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After six weeks of arguments and testimony and a little under 12 hours of deliberation, a Manhattan jury voted to convict former President Trump of 34 felony counts in his hush money trial. Dahlia Lithwick is joined by Slate’s jurisprudence editor Jeremy Stahl, who was in court for the historic guilty verdict and has followed the case over the past six weeks, to talk about how the verdict was reached, what comes next, and why the former President is unlikely to be headed to jail any time soon.
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As we stand poised at the threshold of June, we brace ourselves for the fire hose of opinions headed our way in the next four or so weeks.
But why? Why –even as the Court is taking on fewer cases – is there an absolute dogpile of decisions, with no map for what will come down or when, beyond a SCOTUS-adjacent cottage industry in soothsaying and advance-panic and guessing? Dahlia Lithwick takes us through a whirlwind of Supreme Court decisions and controversies, expertly assisted by Professor Steve Vladeck (whose New York Times bestseller The Shadow Docket came out in paperback this week) and Mark Joseph Stern in untangling the complex web of legal, political, and personal dramas enveloping the nation's highest court. From Justice Alito's flag-flying fiasco, to the forces shaping the court’s docket, to its divisive rulings, this episode could well be titled “Why Are They Like This?” As the court's term hurtles towards its frenetic close, Dahlia and her guests dissect the legal and ethical ramifications of the justices' actions, both on and off the bench. Tune in to this must-listen episode of Amicus for an eye-opening exploration of the Supreme Court's turbulent session, the ideological battles at play, and what it all could mean for the fundamental principles of democracy and the rule of law. Whether you're a legal aficionado or simply concerned about the direction of the country, this episode is the end-of-term preview you really need to understand what the heck is happening over the next few weeks.
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In this Opinionpalooza emergency bonus episode, Dahlia Lithwick and Mark Joseph Stern discuss Thursday’s decision in Alexander v. South Carolina NAACP, highlighting the implications for racial gerrymandering and voting rights. They delve into Justice Alito's majority opinion, Justice Kagan's dissent, and Justice Thomas's concurrence. This decision would seem to effectively close the door permanently on racial gerrymander claims in federal courts. Dahlia and Mark discuss how this decision makes justice - and democracy - inaccessible for plaintiffs already shut out of the political system through racist maps with political excuses. In recent years, the Supreme Court has gutted the Voting Rights Act and now seems intent on hollowing out equal protection and diluting the reconstruction amendments; the constitutional provisions central to building a thriving diverse democracy.
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In the third and final part of our How Originalism Ate the Law series, Dahlia Lithwick and Mark Joseph Stern are joined by Justice Todd Eddins of the Hawaii Supreme Court and Madiba Dennie, author of The Originalism Trap. Being trapped by originalism is a choice, one that judges, lawyers, and the American people do not have to accede to. Our expert panel offers ideas and action points for pushing back against a mode of constitutional interpretation that has had deadly consequences. And they answer questions from our listeners.
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Justice Samuel Alito’s wife didn’t attend the January 6th 2021 “Stop the Steal” rally (unlike fellow SCOTUS spouse Ginni Thomas), but in January 2021, in a leafy Alexandria, Virginia cul-de-sac, the New York Times reports that the Alito household was engaged in a MAGA-infused front yard spat with the neighbors, even as the Justice was deciding cases regarding that very election at the highest court in the land. Justice Alito told the New York Times his wife was responsible for the upside down stars and stripes flying from their flagpole and that it was in retaliation for an an anti-Trump sign.
It’s unseemly. Undoubtedly unethical. But this intra-suburban squabble, and the very clear implications it has for a public already aware of the Supreme Court’s dwindling legitimacy, is unlikely to evoke shame, amends, or recusal from Justice Alito. On this week’s Amicus, American legal exceptionalism sliced three ways: Dahlia Lithwick on the Justice and the Flag, Slate’s jurisprudence editor Jeremy Stahl on how Donald J. Trump’s criminal hush money trial ends, and Congressman Jamie Raskin on concrete steps to supreme court reform, how to get back the rights the Supreme Court has taken away, and what a binding ethics code would look like.
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In the second part of our series on Amicus and at Slate.com, Dahlia Lithwick and Mark Joseph Stern are back on the originalism beat. This week they’re trying to understand the mechanisms of what Professor Saul Cornell calls “the originalism industrial complex” and how those mechanisms plug into the highest court in the land. They’re also asking how and why liberals failed to find an effective answer to originalism, even as the various “originalist” ways of deciding who’s history counts, what constitutional law counts, which people count, were supercharged by Trump’s SCOTUS picks. Madiba Dennie, author of The Originalism Trap, highlights how the Supreme Court turned to originalism to gut voting rights. In 2022, the US Supreme Court’s originalism binge ran roughshod over precedent and unleashed Dobbs and Bruen on the American people - Mark and Dahlia talk to a state Supreme Court justice about what it’s like trying to apply the law amid these constitutional earthquakes.
In today’s Slate Plus bonus episode, Dahlia talks to AJ Jacobs about his year of living constitutionally, and she confesses to an attempt to smuggle contraband into One, First Street.
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In this, the first part of a special series on Amicus and at Slate.com, we are lifting the lid on an old-timey sounding method of constitutional interpretation that has unleashed a revolution in our courts, and an assault on our rights. But originalism’s origins are much more recent than you suppose, and its effects much more widespread than the constitutional earthquakes of overturning settled precedent like Roe v Wade or supercharging gun rights as in Heller and Bruen. Originalism’s aftershocks are being felt throughout the courts, the law, politics and our lives, and we haven’t talked about it enough. On this week’s show, Dahlia Lithwick and Mark Joseph Stern explore the history of originalism. They talk to Professor Jack Balkin about its religious valence, and Saul Cornell about originalism’s first major constitutional triumph in Heller. And they’ll tell you how originalism’s first big public outing fell flat, thanks in part to Senator Ted Kennedy’s ability to envision the future, as well as the past.
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This past week (that lasted about a year) at the Supreme Court began badly and only went downhill from there. By Wednesday, justices were trying to set aside the facts of women being airlifted out of states where they can no longer access care to protect their major organs and reproductive future, if that emergency healthcare indicates an abortion - in favor of pondering the spending clause. On Thursday, the shocking reality of the violent storming of the Capitol on January 6th 2021, and former President Trump’s many schemes to overturn the election and stay in power, were relegated to lower-case concerns as opposed to ALL CAPS panic over hypothetical aggressive prosecutors.
On this week’s Amicus, Dahlia Lithwick is joined by leading constitutional scholar and former assistant Professor Pam Karlan of Stanford Law School and a former deputy assistant attorney general in the Civil Rights Division of the United States Department of Justice. Slate’s senior legal writer Mark Joseph Stern also joins the conversation about the MAGA justices flying the flag in arguments in Trump v United States.
In today’s bonus episode only for Slate Plus members, Jeremy Stahl gives Dahlia Lithwick a view from inside the courtroom of Donald Trump’s hush money trial.
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Listen to a preview of this urgent extra episode of Amicus. The full episode is available to our Slate Plus members. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
Wednesday morning, the court heard arguments in Moyle v. United States, the consolidated case tackling what levels of care pregnant patients can be provided in emergency rooms in states with draconian anti-abortion laws.
And on Thursday morning, the High Court will hear Trump v. United States, the case in which the former president - who is currently spending much of his time slouched at the defendant’s table in New York City - will claim a kind of vast sweeping theory of immunity that roughly translates as - “when you’re president, they let you do it. You can do anything”. In an extra episode of Amicus, Dahlia Lithwick and Mark Joseph Stern dig into what happened in the EMTALA arguments Wednesday morning and then look ahead to Thursday’s arguments in the immunity case.
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The first criminal trial of Donald Trump is finally here. This week, hundreds of possible jurors filed through Judge Juan Merchan’s courtroom in lower Manhattan. The selection process was a preview of some of the challenges and pitfalls in the first ever criminal trial of a sitting or former President. On this week’s show, Slate’s senior legal writer Mark Joseph Stern sits down with Slate jurisprudence editor and Chief Law of Trump™ correspondent Jeremy Stahl to discuss what we learned this week, and what we can expect when the trial truly gets underway next week.
In today’s bonus episode only for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern welcome Justice Clarence Thomas back from his long weekend, with a close listen to the January 6th case that was argued before the court on Tuesday. Fischer v United States is raising more alarm bells about the conservative justices’ posture toward armed insurrection. They also dig into Justice Elena Kagan’s opinion in a potentially tricky TitleVII case that, miraculously for this court, went pretty well in terms of civil rights protections in the workplace. Listen now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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We shouldn’t be surprised that we have to keep saying it, but here we are: the Supreme Court (notably trained as lawyers) will soon make decisions about how doctors (notably trained as doctors) can treat pregnant patients in the emergency room. Moyle v. United States - consolidated with Idaho v. United States - is the result of an Idaho lawsuit challenging EMTALA, a federal law requiring hospitals to do whatever they can to stabilize whoever comes through their ER doors with a medical emergency. Sometimes this requires abortion care, and for a faction of conservative advocates, this cannot stand.
Ahead of oral arguments the week after next, we wanted to get a sense of what healthcare looks like for pregnant women experiencing medical emergencies now, and how this case threatens to undermine that care in the future. This week, Dahlia Lithwick speaks with Dr. Dara Kass, an emergency medicine physician, about what EMTALA was built to do, what ER physicians are being asked to do, and what will happen should Idaho prevail in this case.
Later in the show, Slate’s Mark Joseph Stern joins to discuss the hullabaloo over when, if, and how Justice Sotomayor should be made to retire and the very gendered work of keeping SCOTUS from going off the rails (any more than it already has).
In today’s bonus episode only for Slate Plus members Dahlia and Mark discuss the outrageous ruling that creates (but really, revives) a de facto total ban on abortions in Arizona. They also explain why the EMTALA case from the show isn’t being talked about as much as the recent mifepristone case was. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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After weeks of the Trump trials (and the run-up to the Trump trials) becoming ever more engrossing spectator sports, both the public and the media may have lost sight of some of the stakes. They also may have lost sight of the truth of what the legal system can actually deliver in terms of protecting democracy from Donald J Trump.
On this week’s Amicus, Dahlia Lithwick is joined by Juliette Kayyem to dissect Trump's impact on legal, national security, and ideological fronts. Kayyem brings her national security expertise to discuss the evolution of Trump's tactics from stochastic terror to direct incitement. Together, they explore the implications for democracy of a presidential campaign where one candidate issues violent threats and tries to intimidate judges. Kayyem lays out in stark terms the kinds of focus and planning needed in the coming months.
Juliette Kayyem is a national security expert, Harvard lecturer, CNN analyst, Atlantic contributor, and author of 'The Devil Never Sleeps: Learning to Live in an Age of Disasters.' Avowedly not a lawyer, she approaches America’s political predicament using counter-terrorism approaches to Trump’s movement and preparations for the 2024 elections.
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It’s not quite red-yarn-on-a-corkboard, but given how often we’ve been thinking about the Republican Attorneys General Association (RAGA) over the years, it may as well be. The group has become a vital component of the conservative legal movement, with pay-to-play access afforded to corporate donors to boot. Despite all the money changing hands and obvious conflicts of interest, few have heard of them - and that’s very intentional.
This week we’re joined by Lisa Graves of True North Research to talk about how an organization representing the chief legal officers in half the states in the union has become a national policy juggernaut, pushing legislation and litigation to assist polluters, harm women and LGBTQ families, torment immigrants and even steal elections, all absent any significant oversight or consequences.
In this week’s bonus plus segment, Slate’s very own Mark Joseph Stern joins to discuss coverage of the oral arguments in the mifepristone case (including the hugely significant takeaway most of the analysis missed), and the reasons Neil Gorsuch hates nationwide injunctions.
And finally, following on from last week, thinking about the language we use to describe first trimester abortions.
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Well, it happened again. The hIgHeSt CoUrT will hear arguments Tuesday in a case based on made up facts! This time it’s mifepristone, the abortion drug at the center of Alliance for Hippocratic Medicine v FDA.
The claim was that the FDA approval process (three decades ago), for mifepristone, one of two medication abortion drugs, was haphazard and slapdash.. Alliance for Hippocratic Medicine also argued that the FDA’s 2021 decision to allow telemedicine abortion and mailing of abortion pills violates a 19th-century anti-vice law called the Comstock Act.
This week on the show Dahlia Lithwick speaks with Carrie N. Baker, Smith College professor and author of the forthcoming book Abortion Pills: US History and Politics. Baker says taking away the rights to access abortion pills in the mail could have catastrophic consequences for pregnant people, drug development, and privacy for all Americans.
In this week’s subscribers-only segment, Slate’s Trump Law correspondent Jeremy Stahl gives us the updates on some of the cases against the former president - including the “a lot ton” of money he owes in New York, like starting on Monday.
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While all eyes and brains are on what SCOTUS thinks about making Trump emperor-king, a lesser known case will be heard Monday that could have a huge impact on how social media can (or cannot) keep election workers safe this year. Murthy v. Missouri arrives at the high court as the result a lawsuit filed by the attorneys general of Missouri and Louisiana, along with a group of social media users—including some doctors and right-wing commentators—who argued that officials in the Biden administration censored their online speech about COVID-19, the 2020 election, among other issues The plaintiffs don’t claim that the administration directly silenced their speech. Instead, they argue that, by working with social media companies to limit the spread of misinformation, the government unlawfully chilled the free expression of their ideas.
Gowri Ramachandran serves as deputy director in the Brennan Center’s Democracy program.The amicus brief filed by her team from the Brennan Center in Murthy draws the Justices attention to another aspect of election disinformation . Ramachandran explains to host Dahlia Lithwick that combating election disinformation has always been important, but it is especially critical now, as election workers struggle to keep on top of voting issues.
Later in the show for Slate plus subscribers, Mark Joseph Stern joins to talk about the 5th U.S. Circuit Court of Appeals taking a swing at teens’ access to contraception, and a new effort to combat the scourge of judge-shopping.
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It’s not just the justices on the Supreme Court who can’t seem to agree with each other anymore. As we slide into Trump v. Biden 2 (The Second One), it seems like voters can’t seem to come to a consensus on just about anything either, including the facts they are arguing over. Author and superstar litigator Barbara McQuade argues in her new book Attack From Within: How Disinformation is Sabotaging America the information we consume is crucial to the health of our democracy. She speaks with Dahlia Lithwick about America’s problems with dis- and mis-information, and how we can solve them.
In this week’s Amicus Plus members-only segment, Dahlia is joined by her co-pilot in the jurisprudence news cockpit, Mark Joseph Stern to talk about President Biden's SOTU SCOTUS FU, why Alabama's legislative quick fix for its theocratic state supreme court's IVF decision is unlikely to hold, and the meta story of the meta data in the liberal justices’ concurrence in Monday’s Supreme Court decision to restore former President Trump to the Colorado primary ballot.
This segment is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
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This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.
ROTATING RED LIGHT!!! The Supreme Court ruled early Monday that alleged insurrectionist Donald Trump can remain on the Colorado republican primary ballot, and that no state may remove him, even if they want to. That’s Congress’ job. The 9-0 decision wasn’t unexpected, but the broad reasoning used by five of the court’s conservative justices certainly was, to the chagrin of the liberals and Amy Coney Barrett.
In this special emergency episode, Dahlia Lithwick is joined by Slate’s very own pocket justice league, Mark Joseph Stern and Jeremy Stahl, to discuss what this blockbuster result in Anderson says about the court’s consolidation of power and how it has helped Trump in so many ways.
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It was a wild week at the High Court (another seven days crammed with a year’s worth of news). SCOTUS heard cases about bump stocks, and how Clarence Thomas and Samuel Alito would do as Facebook content moderators. The Supreme Court also finally found the time to put a thumb on the scale for serially indicted alleged insurrector-in-chief former President Donald J Trump. We’ll talk about all those things with Slate’s very own Mark Joseph Stern.
But what we’re really focused on this week is the Alabama Supreme Court’s recent decision finding that frozen embryos are children, and the unshakeable sense that the coverage of this so far has had a slightly myopic quality, as though this case is purely about IVF, and carving out IVF, when in fact the entire movement for fetal personhood sweeps in many more people and rights than just those seeking assisted reproductive technology. We’re joined by a preeminent expert on matters of law, medicine, reproductive health, and biotechnologies, Dr. Michele Goodwin. Dr. Goodwin is the author of Policing The Womb: Invisible Women and The Criminalization of Motherhood. She explains (again) why we should have seen this decision coming from miles (and centuries) away.
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Later, in the Slate Plus segment, Mark returns to discuss this week’s SCOTUS arguments and the big news that legislative turtle and legal hellscape architect Mitch McConnell will be stepping down from his role as leader of Republicans in the Senate later this year.
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Dahlia Lithwick is drinking from the firehose of legal news again and this week is joined by election law professor Rick Hasen to figure out why we’re all still hanging on for the Supreme Court to make a call in former President Donald J Trump’s sweeping claim to immunity from prosecution over the events of January 6th, how Americans could actually achieve a real right to vote, and why no-one’s paying attention to a pair of incredibly consequential social media cases being argued at SCOTUS next week.
In our Slate Plus segment, Dahlia and Slate’s own Mark Joseph Stern discuss the bonkers but very very real implications of the Alabama Supreme Court decision to bestow personhood on embryos being used in fertility treatment, creating an impossible legal landscape for clinics and those struggling to become pregnant. Next, they sift through Justice Samuel Alito’s grievance debris in a recent dissent to find the deeply worrying signposts toward overturning equal marriage rights. Finally, the Pennsylvania Supreme Court pleads with SCOTUS to clear up the mess it made of gun laws with its decision in Bruen.
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The future of the Fulton County, Georgia election subversion case against Donald J. Trump and many many accused co-conspirators was cast into doubt this week as the court saw evidentiary hearings in the defence’s motion to disqualify Fulton County AG Fani Willis. Dahlia Lithwick is joined by Slate’s chief Law of Trump correspondent Jeremy Stahl to discuss why, even with a very high bar for removing Willis from the case, the court was dragged through some tawdry details that are bound to come back to hurt the prosecution, one way or another.
Later in the show, executive director and co-founder of Court Accountability, Alex Aronson, talks with Dahlia about what could possibly be done to make Supreme Court justices follow reasonable recusal guidelines (we’re looking at you, Justice Thomas), and whether the American electorate might at last be finding an appetite for court reform.
In the Slate Plus segment, Jeremy returns to the podcast martini lounge to discuss what might be the first Trump case to reach a criminal trial. They also discuss the latest on Trump’s claim of blanket immunity.
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To catch up on the ever-breaking Trump trial news, check out https://slate.com/news-and-politics/jurisprudence
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Oral arguments at the Supreme Court Thursday in Trump v. Anderson revealed a lot about some of the justices’ commitment to the primacy of originalism. Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, joins Dahlia Lithwick to discuss why his organization took up and pursued the long shot case to try to keep former President Donald J Trump off the ballot in Colorado. While the Supreme Court appeared to have little appetite for taking the big swing to find that Trump had disqualified himself from office when he engaged in an insurrection, Noah insists the case is far from having been in vain - eloquently highlighting the dangerous potential consequences of inaction. It's a chilling reminder of what’s at stake.
Next, Dahlia is joined by slate senior writer Mark Joseph Stern to discuss whether the liberal justices have some grand bargain in mind as they offered multiple off-ramps for Trump’s side, despite dozens of bipartisan briefs arguing for Trump to be kept off the ballot, the court’s originalist’s sudden concern for consequences in this case, when they have had no interest in weighing the life and death consequences for ordinary people in cases concerning guns and abortion. Finally, they tackle a worrying undercurrent to Thursday’s arguments: an apparent capitulation to threats of chaos and violence as a basis for deciding constitutional cases.
In our Slate Plus segment, Mark sticks around to discuss a landmark gun decision out of the Hawaii Supreme Court, and why it’s a problem that DOJ’s special counsel, Robert Hur, issued a report declining to prosecute, but affirming that Joe Biden is old (hint: the problem isn’t that he’s old).
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After weeks of waiting, the DC Circuit Court of Appeals has handed down a decision in Donald J Trump’s appeal for sweeping immunity from prosecution for any of his actions while in office on grounds of a kind of post-presidential enduring presidenty-ness. The panel of three judges wrote: “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,”
In this extra episode of Amicus, exclusive to our Slate Plus members, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern and Slate’s jurisprudence editor Jeremy Stahl to answer the huge questions this decision now sparks - will the Supreme Court step in? If so, when? Are there votes to stay the decision while the court mulls, or to expedite a hearing? All of this, of course, is set against the countdown to November 2024 and whether Donald Trump will be tried for alleged criminal acts to overturn the 2020 election before the American People go to the ballot box this time.
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There haven’t been that many insurrections in the United States, which means the case law ahead of next week’s arguments in Trump v. Anderson (the 14th Amendment, Section 3 disqualification case) is pretty thin. And so we, and presumably the justices, must rely on text and history to understand the intent of the drafters of the Reconstruction Amendments. Civil war and reconstruction historian Professor Manisha Sinha, signatory of one amicus brief and cited in another, explains that the history is crystal clear. Trump must be disqualified from the ballot. After weeks of discussing concerns about the strategic, political implications of this case, this week Dahlia Lithwick tackles the text and the history head-on, in a case that’s almost a natural experiment in applying originalism on its own terms.
See also:
Amicus Brief signed by 25 civil war and reconstruction historians (including Professor Sinha)
Abraham Lincoln’s Lyceum Address
Sean Wilentz: The Case for Disqualification, New York Review of Books
Jamelle Bouie: If It Walks Like an Insurrection and Talks Like an Insurrection... NY Times
In this week’s Amicus Plus segment, Slate’s judicial diviner Mark Joseph Stern joins to talk about a Pennsylvania Supreme Court ruling on abortion that really took both text and history and human rights seriously. Also, an 8th circuit decision that could put a stake in the heart of what remains of the voting rights act.
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Despite Donald Trump’s efforts, there will be a significant cost for his continued defamation of E. Jean Carroll (And it’s $83.3 million!!). For much of the proceedings he sat behind Carroll muttering under his breath and posting three-dozen times on Truth Social in one night about the unfairness of the judge and the court. But zoom out, and Trump’s actions at the trial and toward women generally have far bigger implications than the size of the check he’ll have to write. This week, Vanity Fair’s Molly Jong-Fast joins Dahlia Lithwick to explain how Trump has fanned the flames of GOP misogyny playing out in every aspect of our politics, from the GOP primary to the leadership in the House of Representatives to women who have been raped in states with no access to abortion. And she asks what it ultimately says about our justice system that 80-year-old E. Jean Carroll is the one prepared to take the stand against the man who assaulted her.
In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern discusses the Supreme Court’s 5-4 decision that kinda sorta resolved the battle between federal immigration authorities and Texas Governor Greg Abbott, and the horrifying turn the conservative turn has taken on capital punishment this week.
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The immigration fight on the U.S. - Mexico border keeps getting uglier - not between the U.S. and its southern neighbor, Mexico, but between the federal government and a Texas administration apparently unconcerned by constitutional supremacy. Earlier this month, members of the Texas Military Forces took over a public park in Eagle Pass, TX at the behest of Gov. Greg Abbott. The park, on the banks of the Rio Grande, is near a frequently used border crossing. Last weekend, Texas forces blocked Federal Border Patrol agents from reaching a woman and two children who had drowned trying to cross the river into the United States.
The move by Abbott is certainly shocking, but it’s an example of ways the state is trying to intervene in federal police powers and responsibilities. In a series of increasingly urgent filings, the Justice Department is pleading with the Supreme Court to intervene to let Federal agents enforce Federal laws.
Rochelle Garza, president of the Texas Civil Rights Project, joins the show to discuss how the cruelty of Abbott’s approach is undermining Texas communities and creating a constitutional crisis that may originate in Texas, but will not remain there.
Dahlia is joined by SCOTUS-whispering wingman Mark Joseph Stern in today’s Slate Plus segment to discuss why the High Court’s response to Texas’ game of chicken with the Feds is so dangerously sluggish. Next, they explore the oral arguments in the big Chevron-overturning vehicle that is Loper Bright, a case that was supposed to be about fishermen but is actually about overturning tens of thousands of agency law decisions and grabbing power from the elected branches and handing it to the judiciary.
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There’s an ever-growing queue of cases concerning Donald Trump headed for the Supreme Court that threaten to further dent the legitimacy of an institution that has tumbled in the public’s estimation in the last few years. This week’s show examines some of the interlocking issues raising the already sky-high stakes at One, First Street. First, Dahlia Lithwick kicks off the show with an update from Slate’s Law of Trump chief correspondent Jeremy Stahl about arguments in Trump’s immunity appeal at the DC Circuit Court this week. Next, we turn to a conversation with Professor Ben Johnson, an Associate Professor of Law at the University of Florida Levin College of Law. He recently wrote about the very long history of how the Supreme Court granted itself vast power to shape the law and policy by picking and choosing not only which cases it would hear, but also which questions it would answer when it hears those cases. Next week’s arguments in Loper Bright Enterprises v Raimundo are a case in point, and the question of questions also poses a conundrum for a court in a downward legitimacy spiral, as a parade of Trump cases head toward the High Court.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Jeremy Stahl to discuss the bread and circus of closing arguments in the Trump Organization civil fraud trial in New York, and the next phase of litigation involving the former President and E Jean Carroll that gets underway next week.
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On January 6, 2021, supporters of Donald J Trump stormed the U.S. Capitol building hoping to stop Joe Biden from becoming president. Three years later, a quarter of Americans believe the FBI instigated the events of that day.
This week on Amicus, we’re trying to understand the myth-making that helped foment the riot, and the religious fervor that binds and buoys Trump’s supporters today. Dahlia Lithwick is joined by Jeff Sharlet, author of “The Undertow: Scenes From a Slow Civil War” to explore the stories and symbols that are shaping Trump’s march toward fascism, and to figure out what place the rule of law has in this struggle.
In this week’s Amicus Plus segment, Slate’s dynamic legal duo of Mark Joseph Stern and Jeremy Stahl break down the latest in Trump’s cascading court cases, and the Texas abortion case that’s on a fast track to the Supreme Court.
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From the Chief Justice seeing the funny side of stalking and harassment, to Justice Samuel Alito’s tiny violin, to fighting in the footnotes and a bench dissent snapback, to THAT painting, it’s been quite a year at One, First Street. Dahlia Lithwick and Mark Stern are back with their bottom 10 picks for the Supreme Court’s worst moments of 2023. But don’t despair, there is a glimmer of hope, one part of the SCOTUS beat sucked less this past year… Stay tuned to hear Dahlia and Mark reveal what facet of the Supreme Court multiverse actually improved in 2023.
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This week, the Colorado Supreme Court determined in a pivotal decision that Donald J Trump should not appear on the ballot in the state's Republican primary. Meanwhile the high court is already involved in the possible briefing of another Trump case (about presidential immunity) and has agreed to docket another involving the obstruction of the vote certification on Jan 6 2021. And we haven’t even mentioned the Georgia case. Basically, Trump is going to have a very lawyer-y 2024. So where do all these cases sit right now? Slate’s Jeremy Stahl joins Amicus host Dahlia Lithwick to give us an update.
In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern joins the show to talk about Rudy Giuliani’s defamation lawsuit and the $150 million he owes election workers. Mark and Dahlia also discuss the latest in ProPublica’s continued deep dive into the finances of Clarence Thomas.
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Earlier this week, the Texas Supreme Court said Kate Cox couldn’t have an abortion.Cox’s doctors had diagnosed the fetus with Trisomy 18, an almost certainly fatal genetic condition. On top of that, there were concerns about whether or not Cox would be able to have children again in the future if she continued with this pregnancy. None of this was enough for nine judges in Texas to allow Cox to have an abortion.
Cox’s story isn’t unique. Amanda Zurawski almost died after a Texas court said she couldn’t have an abortion. Today, she’s the lead plaintiff in Zurawski v. State of Texas. She joins Amicus this week to show the real, human effects of the U.S. Supreme Court’s decision to overturn Roe v. Wade. Zurawski is joined by one of the lawyers representing her in the case, Jamie Levitt.
In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern talks about another made-up case that this time, won’t make it to SCOTUS.
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When Moore v United States landed on the Supreme Court docket, it threatened to take a big swing at any future wealth tax and maybe cut the legs out from under the government’s ability to collect a lot of other tax. But as arguments unfolded Tuesday at One, First Street, it became clear that some of the Justices had studied up on the tax code and were cooling on blowing a big hole in it.
To understand why Moore made it all the way up to SCOTUS in the first place, and why the facts don’t match claims from the plaintiffs, Dahlia Lithwick is joined by law professor and author of Big Dirty Money, Professor Jennifer Taub. Together they talk about the billions behind the case, the tax law, and the arguments inside the chamber.
Next, Dahlia is joined by Slate’s Mark Stern, who covered Moore for the magazine, to discuss Justice Alito's non-recusal from the case, his BFF David Rivkin Jr., and why the plaintiffs Mr and Mrs Moore bear a striking resemblance to some other, recent, fabled SCOTUS plaintiffs.
In this week’s Amicus Plus segment, Mark Stern hangs on to talk about the Title VII case this week that didn’t go *that badly*, and why that’s still not good, and to explain why Justice Elena Kagan has had it up to here with false first principles.
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Former Supreme Court Justice Sandra Day O’Connor died Friday at the age of 93. Amicus host Dahlia Lithwick is joined by former O’Connor clerk and renowned First Amendment scholar RonNell Andersen Jones to talk about the Justice’s trailblazing career, her judicial philosophy, and the combination of humility and strength that marked her time on the court, and away from it.
Later in the show, Dahlia celebrates the joyous return of Mark Joseph Stern to share some big announcements AND to discuss SEC v Jarkesy. As Mark explains, the conservative justices seemed ready, willing, and able to take another swing at the administrative state (AKA functioning government).
Mark Stern stays with us for this week’s Amicus Plus segment, taking us through some good ol’ vote suppressing stuff from MAGA-stacked lower courts choosing to ignore last term’s big voting rights decision in Allen v Milligan. Remember that time Chief Justice John Roberts and Brett Kavanagh saved voting rights? Turns out these lower courts are saying - not so much.
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While Amicus takes a break to digest turkey and count our blessings, we're sharing this episode of The Political Scene from our friends at The New Yorker.
In recent weeks, Americans have begun to get a clearer picture of what a second Donald Trump Administration could look like. Some clues have come from organizations like the Heritage Foundation, which has laid out policy proposals for the Trump campaign. Others have come from the former President himself. Trump has said he would appoint a prosecutor to “go after” Joe Biden and his family; on Veterans Day, this past weekend, he pledged to root out opponents and critics who he said “live like vermin within the confines of our country.” “Trump wants to get rid of all of these guardrails that protect the government from becoming a spoil system,” the staff writer Jane Mayer says, including by firing members of the federal civil service. Ultimately, how different would a second Presidency be from the last time that Trump was in the White House? “There are two words that I would say really underscore the difference this time, and why Trump in 2024 is arguably a much bigger threat in many ways than he was even eight years ago,” the New Yorker staff writer Susan B. Glasser says. “The two words are ‘retribution’ and ‘termination.’ ” The staff writer Evan Osnos joins Mayer and Glasser to weigh in.
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Donald J Trump is signaling a split with the conservative legal movement’s kingmakers, The Federalist Society. Instead, the presumptive Republican Presidential nominee is planning a radical (and radically lawless) remaking of American government in his image. On this week’s show, Dahlia Lithwick is joined by Amanda Hollis Brusky, professor of politics at Pomona College and author of Ideas with Consequences: The Federalist Society & the Conservative Counterrevolution, and coauthor of Separate But Faithful: The Christian Right’s Radical Struggle to Transform Law and Legal Culture. Together, they explore what the split between the right’s legal project of 40 years and the man who hopes to be the next Republican President means for the law, the rule of law, and the U.S. Supreme Court.
In this week’s Amicus Plus segment, Dahlia is joined by Jay Willis of Balls and Strikes to discuss the Supreme Court’s new ethics code. Spoiler: It’s not really new. As Jay says, think of it more like frat house rules published for the benefit of naive parents.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice
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If we are to take Donald J. Trump seriously (and at this stage it’s surely a fool’s errand not to), then the rule of law and democracy are on the line if (when) he becomes the Republican nominee for 2024. What role will the former President’s many many legal woes play in the coming months? A clearer picture is emerging after testimony for the prosecution wrapped in the civil fraud trial against Trump and his adult sons in their roles at the helm of the Trump Organization in New York City this past week. That picture is of a political candidate claiming to be the victim of an unprecedented legal witch hunt. In other words, as the trials proceed within the courts, a political trial is underway on the courtroom steps, at campaign stops, and in the media. On this week’s show, Dahlia Lithwick is joined by Professor Eric Posner, of the University of Chicago Law School, author of The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump, to discuss political trials - their history and their risks.
Next, Dahlia is joined by Madiba Dennie - attorney, columnist, professor, and deputy editor at Balls and Strikes - to recap oral arguments in United States v Rahimi, the big gun case considering whether adjudicated domestic abusers have a right to keep and bear arms.
In this week’s Amicus Plus segment, listeners will have access to an extended version of Dahlia’s interview with Madiba Dennie, analyzing whether election results are moving some of the justices away from the all you can eat originalism buffet.
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Next week, the Supreme Court will hear arguments in one of the most significant—and potentially deadly—cases of the term - United States v Rahimi. The case, a follow on from New York State Rifle & Pistol Association Inc. v. Bruen, has the potential to weaponize the court’s Second Amendment extremism against victims of domestic abuse and protect adjudicated abusers. Dahlia Lithwick is joined by gun safety advocate Shannon Watts, founder of Moms Demand Action, to find out the potential real life-and-death consequences of pursuing originalism literally back to when women were property and muskets were muzzle-loaded. They also discuss why the right is so keen to pursue gun rights through the courts, rather than through the democratic process.
In this week’s Amicus Plus segment, Dahlia is joined by Jay Willis, editor in chief of Balls and Strikes, to discuss oral arguments in a pair of cases concerning First Amendment concerns when politicians block dissenting voices on social media, the Trump-related trademark t-shirt dispute that is barely SFW, and Justice Clarence Thomas’s personal luxury RV loan forgiveness program.
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On this week’s show, Dahlia Lithwick is joined by Slate’s Jurisprudence Editor, Jeremy Stahl. Jeremy is also the lucky person tasked with helming Slate’s coverage of the many many criminal and civil trials of Donald J Trump and Amicus listeners can expect to hear a lot from Jeremy over the next year. After a week of big news across a number of the former President’s courtroom battles, Jeremy gives us a survey of the legal landscape and some vital pointers about what really matters, what’s nonsense, and what we should be watching and listening for in the coming weeks.
In this week’s Amicus Plus segment, Jeremy Stahl sticks around to have a behind the scenes chat about how Slate’s jurisprudence team is tackling the thorny issue of reporting on the Trump trial - sorting wheat from chaff and stakes from horse race.
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As MAGA Republicans engage in extremist arm wrestling in the House Speaker race, and the sins of the 2020 election subversion scheme catch up with Donald Trump’s closest allies, Dahlia Lithwick is joined by brand new MacArthur “genius grant” recipient Ian Bassin of Protect Democracy to take a look at the stakes of this moment for American democracy. An attempt to walk and chew gum at the same time, Protect Democracy’s work focuses on the incremental ways the law can be applied to protect election workers and inhibit disinformation, while also looking to the big constitutional and cultural questions we have to answer if we’re going to reject authoritarianism.
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In this week’s big voting rights case, Alexander v. South Carolina State Conference of the NAACP, the Supreme Court heard arguments concerning whether to uphold a South Carolina congressional map that is avowedly partisan (everyone agrees it favors Republicans, but partisan gerrymanders are A-OK under SCOTUS precedent). What is disputed here is whether the mapmakers relied on race to reach their partisan aims. A three-judge panel in South Carolina found it to be a racial gerrymander, and threw out the map. In arguments on Wednesday, it became clear that the high court’s conservatives would rather toss out the evidence the lower court used to reach its decision, an unusual move for the highest court in the land, but perhaps the bed it’s made for itself after ruling partisan gerrymanders non justiciable in Rucho v. Common Cause in 2019. And so SCOTUS cos-played as a trial court for two hours on Wednesday.
On this week’s Amicus, Dahlia Lithwick is joined by Leah Aden, senior counsel at the NAACP Legal Defense Fund who argued the case on behalf of the South Carolina Conference of the NAACP, and Taiwan Scott - a South Carolina voter and individual plaintiff in the case, who says the electoral power of his Gullah Geechee community is suppressed by the gerrymander.
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Following oral arguments in a case aimed at demolishing Senator Elizabeth Warren’s brainchild - the Consumer Financial Protection Bureau, Dahlia Lithwick is joined by Senator Warren to talk about how far this Supreme Court is prepared to go to fulfill right wing deregulatory fantasies.
Next, Dahlia talks to investigative reporter Andrea Bernstein, part of the team behind We Don’t Talk About Leonard, a new podcast collaboration between ProPublica and On the Media. Andrea explains the mechanisms developed by Leonard Leo that have reshaped the courts over the past two decades, drawing a line from Leo’s state-level judicial influence campaigns, to that Alaskan fishing trip involving Justice Samuel Alito, to this week’s arguments in the payday loan case CFPB v CFSA.
In this week’s Amicus Plus segment, Andrea Bernstein sticks around to talk us through this week in court in New York City, in former President Donald Trump’s business fraud trial. Why did he choose to sit and glower and what did the limited gag order tell us about what the former President can rant about online and outside the court?
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Refusing to play the traditional first Monday in October game, Dahlia Lithwick and Mark Joseph Stern squint through the cloud of ethics scandals enveloping the High Court to see a docket aimed squarely at unfettering commerce from outside supervision, with a side order of second amendment extremism. What could possibly go wrong?
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Dahlia Lithwick is joined by Ryan Busse, a former gun-industry executive turned gun-safety advocate, who is now running for governor in his home state of Montana. As the right to bear arms for domestic abusers is set to be argued at SCOTUS this term, Dahlia and Ryan discuss how gun culture has been radicalized in order to… sell more guns. They also examine how that radicalization has reached the Supreme Court, and threatens our safety, and our democracy.
Next, Dahlia is joined by Alison Block MD, a family doctor and abortion provider who is also executive producer and host of The Nocturnists podcast’s Post-Roe America season. The season lifts the voices of healthcare workers and abortion providers around the country, scrambling to survive in the confusing legal landscape created by Dobbs. The conversation highlights the impossible bind for red state abortion providers forced to choose between caring for patients and criminalization, and how providers in neighboring states are trying to keep up with unquenchable demand for care.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss why they never ever want to go to the all-male rich dude Lord of the Flies camp that is Bohemian Grove, why it’s pretty shocking that Justice Clarence Thomas did, and how the latest Propublica reporting shows the scheme in sharp relief: interest groups founded and funded by billionaires wanted to end the regulatory state, and they found a justice ready to change his mind and do just that. Dahlia and Mark also discuss why the abortion pill banning Judge Matthew Kacsmaryk is all of a sudden so worried about misogyny.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is now out in paperback. It is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
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Dahlia Lithwick is joined by award-winning documentarian and lawyer Dawn Porter for a conversation about two projects shining a light on the law and how we can shape it: Porter’s new Showtime documentary series Deadlocked: How America Shaped the Supreme Court, and the paperback release of Dahlia’s book Lady Justice: Women, the Law, and the Battle to Save America.
Together they trace the political shifts and cultural earthquakes from the Warren Court to the Burger, Rehnquist and now Roberts Court, and they discuss how the courts current crisis of legitimacy cannot be cured with a moratorium on criticism. In both Lady Justice and Deadlocked a truth surfaces: when it comes to the rule of law, there is no “plan b”, so the challenge to Dawn’s audience, Dahlia’s readers and Amicus listeners is the same: to use the law as a tool for progress and justice.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is now out in paperback. It is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice
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Dahlia Lithwick is joined by Marc Elias, who has litigated more election and voting cases than almost anyone, to talk about Alabama’s disregard for SCOTUS’ decision in the big Voting Rights Act case of last term, and why the lawlessness is the point. They also delve into the dangers of tying the disqualification of former President Donald J Trump from office under Section 3 of the Fourteenth Amendment to the outcomes in his criminal trials. And why, when it comes to defending democracy, depending on the courts may make sense in the short term, but faces serious problems in the long term.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss Justice Samuel Alito’s chosen venue to publish a love letter to Senator Dick Durbin, Chief Justice John Roberts’ chosen venue to publish a love letter to Justice Brett Kavanaugh, and why a major religious freedom case is looking more and more like a fake spike.
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In Amicus’ summer series of conversations about books that expanded our thinking about justice and the courts, beyond the churn of headlines, Dahlia Lithwick is joined by Judge Margaret M McKeown of the United States Court of Appeals for the Ninth CIrcuit, to discuss her book Citizen Justice: The Environmental Legacy of William O. Douglas―Public Advocate and Conservation Champion
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In Amicus’ summer series of conversations about books that expanded our thinking about justice and the courts, beyond the churn of headlines, Dahlia Lithwick is joined by Joshua Prager to discuss his book The Family Roe: An American Story, about the unknown lives at the heart of Roe v Wade.
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In Amicus’ summer series of conversations about books that expanded our thinking about justice and the courts, beyond the churn of headlines, Dahlia Lithwick is joined by death penalty lawyer, professor and author Stephen Bright to discuss his new book, The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts.
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In the first of Amicus’ summer series of conversations about books and podcasts that have helped us look at the Supreme Court from a different angle, Dahlia Lithwick is joined by Joel Anderson, host of Season 8 of Slate’s Slow Burn podcast: Becoming Justice Thomas. They talk about the experiences and people who helped shape Justice Thomas’ worldview and how deeply his jurisprudence is rooted in a kind of “cruel to be kind” ethos from his childhood. And why he was so blind to the challenges and suffering of so many Black women in his life.
Next, Dahlia talks to Heather McGhee, Author The Sum of Us: WHAT RACISM COSTS EVERYONE AND HOW WE CAN PROSPER TOGETHER, about her books and podcast, and what they can teach us about a Supreme Court that is inclined to frame the world as zero-sum.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus.
In our final Opinionpalooza episode of 2023, Slate’s Dahlia Lithwick and Mark Joseph Stern host the Amicus annual “breakfast table” round-up at the end of the Supreme Court term, and they’re joined by:
Jamelle Bouie, former chief political correspondent at Slate and current New York Times Opinion columnist and political analyst for CBS News.
Sherrilyn Ifill, former President and Director Counsel of the NAACP Legal Defense and Educational Fund, and newly appointed head of Howard University’s inaugural Vernon E. Jordan, Jr., Esq. Endowed Chair in Civil Rights.
Professor Stephen Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas School of Law, author of the New York Times bestselling book, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic."
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In this week’s Amicus Plus segment, Dahlia and Mark loosen their ties, pour a snifter of brandy and hit the cigar bar of jurisprudence for a final discussion of the term that was; why progressives are still struggling to find an answer to the court’s torque to the right, and resisting the media’s urge to put a moderate bow on each extreme term.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.
As the Supreme Court’s June term wraps up with a slew of awful decisions, Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to analyze 303 Creative LLC v Elenis, a case with startling implications for the dignity and equal treatment of LGBTQ couples and families. They also discuss the new reporting that shines light on the hall of mirrors that brought the case to court. Then, Dahlia and Mark are joined by Dalié Jiménez, Professor of Law at the University of California, Irvine School of Law, and Director of the Student Loan Law Initiative at UCI Law to discuss the court’s decision to strike down the Biden administration’s student loan forgiveness program.
Finally, Dahlia turns to Michaele Turnage Young of the NAACP LDF to take a closer look at Thursday’s affirmative action decision, which outlawed race-conscious admissions in most higher education contexts.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to answer a listener question about something that has us all scratching our heads in the wake of Moore v Harper, and look ahead to some gun safety litigation that’s winding its way up to the High Court.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.
In an emergency episode of Amicus, Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to analyze SCOTUS’ decision to wipe out affirmative action in college admissions. They find Chief Justice John Roberts’ majority opinion has some curious carve-outs that will keep lawyers busy, and college admissions tutors and applicants… baffled.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.
In deciding against the bonkers (technical legal term) “Independent State Legislature Theory” in Moore v Harper, the Supreme Court chose not to take a wrecking ball to American democracy. Judge Michael Luttig, a counsel of record in the case, is relieved but not surprised. In this emergency episode of Amicus, Judge Luttig tells Dahlia Lithwick that Tuesday’s decision may have big repercussions at the Department of Justice, in Jack Smith’s investigation of former President Trump’s role in January 6th.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions, and the other legal happenings in June. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.
On this one year anniversary of Dobbs, Dahlia Lithwick is joined by Anat Shenker Osorio to talk about how the political class still hasn’t found a way to communicate or act toward the court that delivered this suffering.
Next, Dahlia is joined by Slate’s own Mark Joseph Stern to talk about two important decisions that came down this week, one concerning the rights of criminal defendants and another about the U.S. President’s right to set immigration policy.
In this week’s Amicus Plus segment, Dahlia and Mark tackle more questions from the Slate Plus listener mail bag about the tension between establishment clause and equal protection claims in suits brought to fight back against Dobbs on religious grounds, and how to impeach terrible awful no-good judges.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.
Amicus is coming at you again with an emergency episode. Dahlia Lithwick is joined by Mark Joseph Stern to process ProPublica’s latest reporting on a growing theme of conservative supreme court justices with a penchant for luxury travel at the expense of billionaires (who also happen to be close friends with Leonard Leo of the Federalist Society). Dahlia and Mark also examine Justice Samuel Alito’s eye-popping pre-buttal of ProPublica’s piece about his Alaskan fishing trip with billionaire GOP donor Paul Singer, which Justice Alito chose to publish in the opinion pages of the Wall Street Journal.
Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.
Dahlia Lithwick is joined by environmental appellate lawyer Sean Donahue to discuss the far-reaching consequences of one of the biggest decisions so far this term. In Sackett v EPA, the court decided that as many as 90 million acres of wetlands no longer qualify for environmental protection. Together, they trace the case’s history, its claims, and what tools are left for lawyers fighting to protect the environment.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to answer listener questions, including how to counter dodgy originalism arguments, and whether there’s anything that could stop Donald Trump from running or even assuming office if he’s convicted of a crime
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.
Dahlia Lithwick and Mark Joseph Stern join forces for this Opinionpalooza extra episode of Amicus where they discuss Haaland v Brackeen, a case that could have upended Indian Law, but didn’t. The case concerned the Indian Child Welfare Act, Justice Amy Coney Barrett’s majority opinion also reveals some tensions among the Supreme Court’s conservative justices. Together, Dahlia and Mark assess what another unexpected win can tell us about the shape of the current court.
Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout
Learn more about your ad choices. Visit megaphone.fm/adchoices
This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.
An extra episode of Amicus as the former President of the United States, Donald J Trump, is arraigned in federal court in Miami on 37 counts, entering a plea of not guilty. Dahlia Lithwick is joined by Ryan Goodman, co-editor-in-chief of Just Security, Professor of Law at NYU School of Law, a distinguished fellow at the National Institute of Military Justice, and former special counsel at the Department of Defense. Together, they step back from the spectacle to examine the challenge of prosecuting a former President over things that were supposed to be state secrets, and whether Trump can use politics to outrun justice this time.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.
Dahlia Lithwick and Mark Joseph Stern join forces again for an urgent look at Special Counsel Jack Smith’s indictment of former President Donald J Trump. Trump is facing 37 counts in seven charges in the case concerning his mishandling of classified documents, and trying to cover up that mishandling.
Then, Dahlia is joined by Amicus’ election law guiding light, Professor Richard L Hasen, for a close look at the big and shocking voting rights case decided at the Supreme Court this week. Professor Hasen takes us through the fascinating backstory of the case and what Chief Justice John Roberts’ majority opinion in Allen v Milligan can tell us about another big elections case Moore v Harper, and what we might be able to expect in the affirmative action decision that will also be coming down in the next couple of weeks.
Finally, Slate Plus members will have a chance to hear Dahlia and Mark answer listener questions, such as…. What is the progressive answer to originalism?
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.
Dahlia Lithwick and Mark Joseph Stern join forces for this Opinionpalooza extra episode of Amicus discussing a seismic Supreme Court decision on voting rights. In his majority opinion in Allen v Milligan, Chief Justice John Roberts pushes back against his own long-standing stance on voting rights. Join Dahlia and Mark in this bonus episode to find out why.
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.
On this week’s Amicus, a sobering interview between Dahlia Lithwick and the ACLU's Chase Strangio. Chase is deputy director for Transgender Justice with the ACLU’s LGBT and HIV Project and a nationally recognized expert on trans rights. . The sheer number and breadth of proposed new laws targeting trans people is breathtaking, and they are coming from some familiar quarters if you follow the Supreme Court and abortion law. This conversation helps to set the stage for the end of the Supreme Court’s term by looking beyond the cases being decided this month at One, First Street, and toward the legal landscape, and the systems and groups that are shaping that landscape for the rest of us. In the second half of the show, Dahlia is joined by her jurisprudential co-pilot Mark Stern. They talk about why everyone on Twitter hates Mark (hint: people have strong feelings about Justice Alito’s recusal ethics), the labor case that was not as bad for unions as maybe could have been (but is still NOT GREAT), and Mark floats his theory that Supreme Court Justices just don’t want to go back to the office full time and that’s why we’re getting a dribble of decisions now… And might get a firehose of them later this month.
In this week’s Amicus Plus segment, we return to Washington DC and our Full Court Press live show at Sixth and I, where Mark and Dahlia were joined by Congressman Hank Johnson of Georgia’s 4th District. Rep. Johnson is the ranking member of the House Judiciary subcommittee that oversees the federal courts, including the Supreme Court. They talk court reform and modernizing the judiciary, and why term limits and court expansion are vital to both.
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Take your seats for a live show from Washington DC this week. This live show is part of Slate’s Full Court Press coverage, a provocation for the fourth estate to hold the third branch of government to account. Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, Elie Mystal of The Nation, and Jay Willis of Balls and Strikes. As we perch on the precipice of another slew of catastrophic decisions this June, they unpack how Supreme Court reporting has failed to meet the moment - and crucially, what to do about it.
In this week’s Amicus Plus segment, listeners will hear the question and answer segment of the live show - with piercing audience questions such as: "Why do so many Democrats fail to take the court seriously?, and some vital advice for law students from Elie Mystal and Jay Willis. (Spoiler: Don't be Tom Cotton)
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In this bonus episode for Amicus Plus listeners, Dahlia Lithwick and Slate’s Mark Joseph Stern discuss the latest biggest Supreme Court decision: Sackett v EPA. It’s good news for developers and polluters, bad news for the rest of us.
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Get your tickets for Amicus Live in Washington DC on May 24th here:
https://slate.com/live/amicus-live-may-24-in-washington-d-c-full-court-press.html
Dahlia Lithwick is joined by a pair of legal history-makers, E Jean Carroll and Roberta Kaplan. They discuss the landmark defamation and sexual abuse case they won against former President Donald J Trump; how the case came together, what tipped the balance in court, if vindication lasts, and what happens when the defendant won’t stop doing the same defamation over and over again.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the Mifepristone arguments at the 5th Circuit, North Carolina’s abortion ban, and why Justice Kagan and Sotomayor are duking it out in the footnotes over Andy Warhol.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
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Get your tickets for Amicus Live on May 24th.
On this week’s Amicus, we head to Seattle for a live taping of the show at the Cross Cut Festival with guest Michael Waldman, President of NYU Law School’s Brennan Center. Dahlia Lithwick asks him about his new book, THE SUPERMAJORITY: How the Supreme Court Divided America, and what the ongoing ethics scandals and plummeting public approval for the court mean for our democracy. They also look ahead to next month when the court’s legitimacy may be stretched even further by major decisions that fly in the face of the majority of public opinion.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the decisions that came out this week concerning pork producers and public corruption, which delivered some surprising and depressingly unsurprising opinions. They also try to figure out how many more times E Jean Carroll might have to sue Donald Trump to halt his defamation demolition derby.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice
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After weeks of controversy, piled upon intrigue, heaped with scandal and topped with crisis at the Supreme Court, it can be hard to get your bearings. What’s illegal, what’s unethical, what’s just a bit hinky? And what does it really mean for an institution that is about to hand down decisions that reach into every part of our lives, from justice to climate, from youtube to universities? On this week’s Amicus, Dahlia Lithwick is joined by Lisa Graves from True North Research. Lisa ia a veteran investigator of the dark money spigot that has been flooding the Supreme Court and rewarding some of the justices, and the causes and people close to their hearts. If you can’t see the woods for the trees, Lisa will paint you a picture. And that painting will, of course, include; Clarence Thomas, Leonard Leo, Harlan Crow and Mark Paoletta.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the possible end of Chevron deference the impacts for the administrative state, the Texas abortion case that is a case study in SB8 working exactly as it was intended, and why it is so puzzling that the Justices won’t rescue themselves from the ethics quagmire that’s sinking trust in SCOTUS.
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As laughter ricocheted around the Supreme Court chamber Wednesday, Professor Mary Anne Franks wondered if she could quite believe her ears. The matter of some hilarity, it seems, were messages sent by a convicted stalker to his victim. Individual messages that were among what one detective estimated to number in the hundreds of thousands - possibly as many as one million messages - sent by Billy Raymond Counterman to singer Coles Whalen. Counterman’s campaign of harassment drove Whalen away from performing, indeed drove her away from her home state. She moved across the country to get away. On this week’s Amicus, Dahlia Lithwick is joined by Professor Mary Anne Franks to discuss Counterman v Colorado and how the details of a cyber-stalking case were lost to free speech concerns about trigger warnings and "sensitivity". You can read Prof. Franks’ powerful piece on this here.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the big fat settlement Dominion got in its defamation case against Fox News, and why it feels so unsatisfying, the religious liberty case you probably missed at the court this week, Groff v DeJoy. They also talk about how Sen. Dianne Feinstein’s continued absence from the Senate Judiciary Committee, and Senate Democrats’ workarounds for it, are like bringing a bubble blower to a knife fight.
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There’s a terrible legal Easter egg in Judge Matthew J. Kacsmaryk’s ruling on the abortion medication, Mifepristone. And that same Easter egg makes an appearance in the Fifth Circuit’s partial stay. It’s the Comstock Act - a mostly forgotten 19th century vice statute that is suddenly the anti-abortion movement’s favorite zombie legislation. On a special extra episode of Amicus, Dahlia Lithwick is joined by Mary Ziegler, an expert on the law, history, and politics of reproduction, health care, and conservatism in the United States from 1945 to the present. Together, they tackle the chaos upon chaos of the past week’s medication abortion cases, and take a long hard look at the next steps in the anti-abortion movement’s fight for a nationwide ban.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the “quid pro Crow” of Justice Clarence Thomas’ real estate deals with GOP mega donor, and avid court-watcher, and amicus-brief-funder Harlan Crow.
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On this week’s Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention.
Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck’s book, The Shadow Docket -
How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn’t cram into an already jam-packed main show. They start with what’s really not happening, and that is Supreme Court decisions. It’s April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas’ law breaking. And… Hey! Remember Wisconsin? It’s a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia’s extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes.
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On this week’s Amicus, Dahlia Lithwick talks with Andrew Weissmann, former lead prosecutor in Robert S. Mueller’s Special Counsel’s Office and former Chief of the Fraud Section in the Department of Justice from 2015 - 2019.
Together, they tackle the tangled web of investigations into the former President, and the trajectory of possible indictments. And Andrew helps us hone in on some crucial details we may have missed in the fog of building barricades outside the Manhattan Criminal Courthouse.
Andrew Weissmann’s book, Where Law Ends, was published by Random House in 2021
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to understand how Trump judges could tank the economy, the latest on abortion in states trying grapple with the (entirely predictable) deadly consequences of the Dobbs decision, and why all this underlines why the Wisconsin Supreme Court election really matters.
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Dahlia Lithwick is joined by political analyst Michael Podhorzer (ex AFL-CIO, now newly-minted substacker). Michael was one of the all-hands-on-deck responsible for shoring up the 2020 election against subversion, he’s a political data geek, and for Amicus’s purposes - he’s someone with a fascinating take on the Supreme Court, and all the ways we fail to truly understand it. Hear why Michael doesn't care about Leonard Leo, the lessons learned in the Trump years that we should be applying to the court, and the overarching agenda that both motivates and shapes the court’s jurisprudence.
In this week’s Amicus Plus segment, Mark Joseph Stern is away, so Dahlia is joined by the Award Winning™ Leah Litman to talk about loan forgiveness and major questions, the Texas suit being brought by women seriously harmed by the state's abortion ban, and the alarming implications of an amicus brief in an Indiana abortion case that questions the religious sincerity of, well, anyone who backs abortion rights.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice
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For every person screaming about Section 230 (looking at you, Ted Cruz), there are approximately 0.0000001 Danielle Citrons, i.e. folks who actually understand it, what it does, and how it might be tweaked or interpreted to do better. Luckily, we have a whole Professor Danielle Citron on this week’s show. Professor Citron not only manages to make sense of Section 230 for us, she also takes us through this week's internet cases involving Twitter and Google, and content moderation and liability. She explains how eight out of nine justices apparently failed to read the briefs, instead deciding on an "it's so hard" shruggy head-scratch strategy instead. Danielle Citron’s latest book is The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to look ahead to next week’s arguments about the Biden administration’s student debt forgiveness program, and to romp through some of the decisions that came down from the Supreme Court this week. Finally, Mark and Dahlia reflect on the results of the primaries in the race to elect a new Wisconsin Supreme Court Justice. Could it be a Mark and Dahlia Amicus plus segment that is not all bad news?
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
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Wisconsin’s State Supreme Court heard one of the landmark cases of the 2020 presidential election. During oral arguments in Trump v Biden in December 2020, Justice Jill J Karofsky participated in proceedings via Zoom from her office inside the state capitol in Madison. Outside her office window, she could see armed protesters gathered in what she later viewed as a dry run for January 6th. In a 4-3 decision, with one Republican justice siding against Trump, the Wisconsin Supreme Court voted to uphold Biden’s victory in the state. On this week’s Amicus, Justice Karofsky speaks for the first time about the fallout from that case: Fallout in her personal life, for herself and loved ones. Fallout in her professional life, with an investigation and the threat of sanction for her line of questioning in oral argument. And beyond all that, the fallout for democracy—and for the role of jurists within that democracy.
In this week’s Amicus Plus segment, Dahlia Lithwick is joined by Slate’s Mark Joseph Stern to discuss the originalist Second Amendment ruling that puts women’s lives at risk, the looming prospect of a potential nationwide ban on a widely used, FDA-approved, abortion pill, and how the future of jurisprudence appears to be competing time machines.
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First, there was the Dobbs case. Then there was the leaked opinion in the Dobbs case. Then there was the investigation into the leaked opinion in the Dobbs case. Then there was the report on the investigation into the leak. Then there was the supplemental report from the Marshal on the report on the investigation into the leak. AND THEN there was the revealing reporting from the NY Times’ Jodi Kantor on a court roiled by reports and investigating and leaks. This week, Dahlia Lithwick is joined by Jodi Kantor to dig through the reports, reporting and repercussions for the people who are inside One, First Street, and for the baffled majority who aren’t.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to try to figure out why it’s taking so long for SCOTUS to hand down opinions this term, and to examine the very first decision of the term, disappointing in its unanimity and its negative impact on veterans.
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Amicus is sponsored by Betterhelp.
The Supreme Court of the United States got back into the swing of things its first week back after New Years, with a case about cement workers and the rights of organized labor. The “swing” the court was getting “back into” with this case was potential precedent-busting. Dahlia Lithwick is joined on this week’s show by Terri Gerstein, director of the State and Local Enforcement Project at Harvard Law School’s Center for Labor and a Just Economy, to discuss what this case could mean for worker’s rights, and for democracy more broadly.
Next, Dahlia is joined by Brad Meltzer, a serial best selling author of so many kinds of books. This week Brad has two books coming out, I Am John Lewis for the kids, and The Nazi Conspiracy - The Secret Plot to Kill Roosevelt, Stalin, and Churchill. Brad and Dahlia discuss legal writing, book bans, and what these two seemingly very different books have in common.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern for an update on abortion legislation at the state and national level. They discuss the smoke and mirrors of the new republican house majority’s “Born Alive” Bill, and the devastating fallout if Virginia’s 15 week ban gets passed.
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For some, 2022 was the year Roe v Wade was overturned. For millions more, abortions rights had been functionally inaccessible for decades. Beyond shaky precedent, Roe was a vessel into which America threw all sorts of hopes, beliefs and fears. But how did this legal decision become a symbol of so much? On this week’s show, host Dahlia Lithwick is joined by abortion law expert Mary Ziegler, who’s new book, Roe: The History of a National Obsession, tries to find the roots of Roe’s incessant pull, and to unpack the meaning from the meta.
In this week’s Amicus Plus segment - the worst of jurisprudence 2022. In a year marked by quite a few legal gut punches, Dahlia is joined by Mark Joseph Stern to run through the most bonkers rulings from the most out-of-control federal judges. They also find a path to hope for justice in 2023.
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Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.
Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
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The highest court in the land has ignored the need for standing, the trial record, and of course precedent this past year––and it matters.
Host Dahlia Lithwick is joined by Sherrilyn Ifill, former president and director-counsel of the NAACP Legal Defense and Educational Fund, and a senior fellow at the Ford Foundation. They discuss Sherrilyn’s thought-provoking piece this month in the New York Review of Books, which opens out into a big-picture discussion of what this Supreme Court’s tendency to reach out and grab cases, and erase trial records, or fill in the blanks on standing, even on claims, means for whose voices are heard at the highest court in the land, and who merits consideration in its decisions.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about oral arguments in the big elections case concerning the Independent State Legislature Theory (Moore v. Harper), and in the Oregon wedding website case that threatens civil rights public-accommodations law (303 Creative), plus the Washington right-wing party circuit’s special guest du jour, Justice Brett Kavanaugh.
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Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.
Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.
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When Christian conservatives lost in Masterpiece Cake Shop back in 2018, they regrouped and picked up the trail of breadcrumbs from Justice Clarence Thomas’ dissent that suggested a freedom of speech approach. Next week, the Supreme Court will hear arguments in 303 Creative v Elenis - another case that takes aim at Colorado’s anti discrimination laws. This time, arguments about whether a website designer has the right to advertise that she will not design websites for same-sex weddings, will be focused on freedom of speech. But as this week’s guest, Hila Keren, argues, excluding people from the marketplace and humiliating them in the process is not a matter of free speech, and it is a matter progressives have been largely silent about. Together, Dahlia Lithwick and Professor Keren dig deep into a case that hasn’t been given the attention its potential wide-ranging consequences demand.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about another big case - this past week’s arguments in US v Texas, including brazen judge-shopping, nationwide injunction-slapping, and President Biden’s immigration policy. Then Mark explains exactly what is - and isn’t - in the same sex marriage bill that’s making its way to President Biden’s desk.
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout.
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When the New York Times built on previous reporting in Politico and Rolling Stone about an evangelical christian ministry that sought to sell access to and influence Supreme Court Justices with fancy dinners and donations, the Hobby Lobby leak dominated the headlines. But there is so much more to this story. To discuss how the headlines fit into a larger narrative of dark money and a captured court, Dahlia Lithwick is joined by Senator Sheldon Whitehouse of Rhode Island. Senator Whitehouse is Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights and co-author of The Scheme: How the Right Wing Used Dark Money to Capture the Supreme Court. See also: The Supreme Court Ethics and Recusal Transparency Act.
Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.
Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout.
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“A Kitchen Sink Approach to Constitutional Claims”
On this week’s Amicus, - the case that threatens the Indian Child Welfare Act, but also threatens domino effects on tribal sovereignty and land rights. Dahlia Lithwick is joined by Rebecca Nagle, a Cherokee writer, advocate & language learner. Nagle is host of This Land podcast. Season 2 of the podcast was a deep and broad investigation into the background of the case at hand. Maggie Blackhawk also lends her expertise to the discussion, Professor Blackhawk (Find du Lac Band of Lake Superior Ojibwe) is professor of law at NYU and an award-winning interdisciplinary scholar and teacher of constitutional law, federal Indian law, and legislation, Together, they delve through a veritable grab bag of constitutional challenges from the plaintiffs in Brackeen v Haaland. Listen up, you’re about to learn a lot, we did.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about how a Georgia judge overturned that state’s abortion ban, President Biden’s record and prospects for confirming judges, and death penalty cruelty on the shadow docket again.
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Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.
Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout.
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Dahlia Lithwick is joined by Professor Cara McClellan, former counsel at NAACP LDF, and founding Director of the Advocacy for Racial and Civil Justice Clinic, at University of Pennsylvania Carey Law School. Professor McClellan takes us through an extensive trial record largely ignored in oral arguments at SCOTUS this past week.
Then, Dahlia is joined by David Rothkopf whose book, American Resistance: The inside story of how the deep state saved the nation, details the folks who stuck around and tried to hold the line during the Trump years, and what we can learn from them.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the judges pushing back in gun cases post Bruen, and the lower courts defying Supreme Court precedent as they seek to curtail LGBTQ rights.
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Dahlia Lithwick is joined by Judge Michael Luttig for the definitive conversation on a giant elections case now on the calendar at the Supreme Court. Moore v Harper is a North Carolina redistricting case that is also a vehicle for the Independent State Legislature Theory - a so-called doctrine that could radically re-order democracy in America. Judge Luttig - a stalwart of conservative legal circles for decades - will argue the case as co-counsel alongside former Acting Solicitor General under Obama, Neal Katyal.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the blossoming of bonkers gun cases in the wake of last term’s SCOTUS decision in Bruen, a big case concerning consumer protections and much more…
Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout
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Dahlia Lithwick is on the road with Amicus and Lady Justice. In this bonus episode, she’s joined by Loyola Law Professor, legal commentator and columnist Jessica Levinson for a conversation about what we can learn from the women lawyers who held the line during the Trump years, and how to respond to the steady drum beat of “Lock Her Up” threatening women around America today.
The conversation is available in full for Slate Plus members.
Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America,
Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. :https://books.supportingcast.fm/lady-justice
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
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Dahlia Lithwick is joined by two key players from this week’s consequential voting rights cases at the US Supreme Court. The NAACP Legal Defense and Educational Fund’s senior counsel Deuel Ross argued part of Merrill v Milligan at the High Court on Tuesday, and Evan Milligan of Alabama Forward is the named plaintiff in one of a pair of cases that argued that Alabama’s congressional maps are racially gerrymandered in violation of Section II of the Voting Rights Act. They take listeners inside the arguments, and provide vital context for the challenges faced by residents of Alabama’s Black Belt in accessing healthcare, infrastructure and not coincidentally, political representation.
Next, Dahlia is joined by Sam Sankar, Senior Vice President of Programs at Earth Justice to discuss what went down in Sackett v EPA, a case argued Monday that could have wide-ranging effects on the waters and wetlands of the United States.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the new dynamics of arguments with Justice Ketanji Brown Jackson taking her seat at the High Court, the conservative reaction to their favorite text and history rubric being applied by the first African American woman on the court (huh, they don’t love it?), and what to expect from a new filing in the Mar A Lago investigation that’s on its way to 1, First Street. Sign up for Slate Plus now to listen and support our show.
Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice
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Dahlia Lithwick is joined by Slate’s Mark Joseph Stern and Jay Willis of Balls and Strikes for a preview of the big cases headed our way this Supreme Court term. They tackle cases concerning voting rights, indigenous rights, environmental protection and affirmative action, before turning their attention to the tricky business of covering a court that is radically changed and how the traditionally deferential Supreme Court press corps needs to update its methods and reporting in response.
Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by going to slate.com/justice and entering the code “AMICUS” at checkout.
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
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Dahlia Lithwick’s new book Lady Justice: Women, the Law and the Battle to Save America, tells the story of the women lawyers who stood up to Trump and stood up for those unseen and unrepresented by a brutal presidency, and the stories of the women who will fight on in the wake of life-altering decisions from a radicalized Supreme Court.
Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice
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Dahlia Lithwick is joined by Mark Joseph Stern for a romp through the jurisprudential headlines. It’s been a week. Highlights include: Donald Trump’s legal woes in the Mar-a-Lago classified documents investigation, and at the hands of New York Attorney General Letitia James’ civil suit.
Then, we’re live at Politics and Prose in Washington DC, with a conversation between Dahlia Lithwick and Professor Michele Goodwin about women, the law and the rule of law. They discuss Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, the day Dahlia decided to stop covering the Supreme Court from the inside, what the law can do for justice, and what it can’t.
Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. :https://books.supportingcast.fm/lady-justice
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern also delve into retired Supreme Court Justice Stephen Breyer’s comments about Dobbs and the court’s legitimacy, and the death penalty decision that came down Thursday and what it tells us about Justice Amy Coney Barrett’s jurisprudence.
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Dahlia Lithwick is joined by Roberta Kaplan, who along with co-counsel Karen Dunn brought a successful civil suit against twenty-four neo-Nazi and white supremacist leaders responsible for organizing the racial- and religious-based violence in Charlottesville in August 2017. They discuss how the KKK Act of 1871 applied to discord channels and now January 6th defendants. And they explore the complicated relationship women find themselves in with the law in this moment, as defenders of rights but also as constitutional afterthoughts. Dahlia Lithwick’s new book is Lady Justice: Women, the Law and the Battle to Save America.
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
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Dahlia is joined by Mary Trump and Norm Ornstein to discuss how a single Trump-appointed judge’s attempt to stick a fork in the Justice Department’s criminal investigation into potential mishandling of classified materials is part of a systemic story about American justice. And they discuss the kinds of reform needed to protect democracy and repair the judiciary. And how to handle our collective trauma so we can get it all done.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about lawlessness at Mar a Lago, whether lawlessness at Mar-a-Lago, the Texas judge whose order this week nominally aims to cut access to HIV preventative medications, but is also setting his sights (again) on cratering the Affordable Care Act, and they probe if the current outbreak of reckless judging can be inoculated or will continue to spread unchecked.
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
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Law Professor and former journalist Amy Gajda joins Dahlia Lithwick to discuss her latest book, Seek and Hide: The Tangled History of the Right to Privacy. They chart a course through early conceptions of privacy to today’s fraught battles over privacy and dignity in the age of surveillance capitalism.
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The quality of dignity is not strained. Judge Victoria Pratt presided for years over Municipal Court in Newark, New Jersey. Her experiences form the foundation of her book, The Power of Dignity: How Transforming Justice Can Heal Our Communities. In the third of Amicus’ summer season of big-picture conversations, Dahlia Lithwick and Judge Pratt explore what everyone, up to and including Supreme Court Justices, can learn from procedural justice, also known as procedural fairness. You can watch Judge Pratt’s viral Ted Talk here.
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In the second of Amicus’ Summer Series of interviews that step out of the day to day of jurisprudence to look at justice and the Supreme Court through a wide-angle lens, Dahlia Lithwick is joined by actor and playwright Heidi Schreck. Schreck created and starred in the Pulitzer Prize and Tony Award - nominated “What the Constitution Means to Me” and is a fierce advocate for abortion rights. Together, they try to locate the spot at the intersection of politics, law, culture, media and art that might provide a space to adequately describe the impacts of the Dobbs decision. And that is where they find the galvanizing forces and creative feats of imagination that have served previous generations in the fight for equal rights, and that will fuel the fight to come.
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Dahlia Lithwick is joined by former Attorney General Eric Holder as Amicus begins its summer season while the Supreme Court is in recess. General Holder describes his feelings when, as President Barack Obama’s Attorney General, he realized he could not in good conscience take part in the long-held tradition of the AG arguing an “easy case” before the Supreme Court. The issue? That same court had just eviscerated the Voting Rights Act in a case that will forever bear his name: Shelby County v Holder. General Holder wants us to take the steps beyond anger at the assault on voting rights, and move forward with joy toward action. His book, Our Unfinished March, is both a history of how voting rights became broken, and an action plan for delivering the promise of democracy: that the people pick their leaders.
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Dahlia Lithwick hosts Amicus’ annual term-ending breakfast table conversation, featuring Slate’s own Mark Joseph Stern, Professor Katherine Franke and Professor Nikolas Bowie. They dig into the biggest decisions of the term, and step back to survey where the court is headed, and where it’s already been.
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The term is over, and the ground upon which all Americans stood, has fundamentally shifted. Dahlia Lithwick is joined by Professor Dorothy Roberts to discuss the reality of forced birth and family separation upon marginalized peoples in America. Dorothy is the author of Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World, and of Killing the Black Body: Race, Reproduction, and the Meaning of Liberty.
Then, Dahlia talks to Amy Westervelt of Drilled podcast to find out what West Virginia v EPA means for climate action, and the places the Biden Administration could still make progress.
For a behind the scenes look into some of the articles we read when we create the show, check out our Pocket collection at http://getpocket.com/slate.
Slate plus listeners will also have access to Dahlia’s conversation with Mark Joseph Stern, where they dig into some of the cases we couldn’t reach in the main show, including the Remain in Mexico decision and the alarming implications of the court taking up Moore v. Harper, which is all about the Independent State Legislature theory.
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Dahlia Lithwick and Mark Joseph Stern on Kennedy v Bremerton School District: a referendum on the status of truth at the high court, and another nail in the coffin of the establishment clause.
Slate Plus members have access to the whole interview.
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Podcast production by Sara Burningham.
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Well it happened, Roe v Wade has been swept away and Dahlia Lithwick is joined by Mary Ziegler, a law professor at the University of California, Davis, and the author of “Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment.”
And then we turn to the other blockbuster decision this week, in New York State Rifle and Pistol Association v Bruen. Dahlia talks to the Duke Center for Firearms Law, Joseph Blocher.
In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern process more of the fallout from Dobbs and Bruen, and also examine the other blockbuster-in-normal-times case that almost escaped notice.
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Dahlia Lithwick and Mark Joseph Stern react to the Supreme Court’s decision in Carson v Makin, a blockbuster religious liberty case that sees the court traveling a long way in a short time, and trampling the establishment clause along the way,
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Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by CNN legal analyst Joan Biskupic and election law Professor Richard Hasen for what could be called “Amicus: Wheels Coming Off Edition”. We’re still waiting for a bevy of blockbuster decisions, and despite Chief Justice John Roberts’ solemn wish to steady the ship, events at the January 6th select committee seem destined to scupper it. Joan, Rick and Dahlia talk about what’s to come in the most unusual last two weeks of June at the court that any of them can remember.
In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern on why everybody needs to stop saying “today is the day we get Dobbs” (and why that day is likely to be the last possible day this term), on how this court overturns precedent without overturning precedent, plus Justices Barrett and Gorsuch go at it - some of the time.
Find the What Next episode Mark mentions with Leah Litman here.
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Dahlia Lithwick is joined by Ryan Goodman, professor of Law at NYU and co-editor-in-chief of Just Security. While we wait for the High Court to release opinions in a heaving pile of cases, the main constitutional action of the week was in Congress. Ryan Goodman has been piecing together the events of January 6th, and what led to it, for the past year and a half with colleagues at Just Security and Protect Democracy. Goodman leads Dahlia through what we heard from the January 6th select committee on Thursday night: what was new, what was big, and the emerging roadmap for Attorney General Merrick Garland.
In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern run down the SCOTUS decisions we got this week - including a stunning decision this week allowing border agents almost limitless protection from lawsuits for bad behavior.
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Dahlia Lithwick is joined by Mark Joseph Stern to tee up the final weeks of the Supreme Court term. Several blockbusters are still to come, from abortion to gun rights to religious liberty to climate action—and then there’s the shadow docket. Mark and Dahlia break it all down with insights into what to expect and what to watch for.
Dahlia also spoke with former Attorney General Eric Holder this week, and he made the clear and urgent case that if you want gun reform, you need to work on democracy reform. Attorney General Holder will be back on Amicus in July to talk about his book for our summer reading series.
In this week’s Amicus Plus segment, as the Supreme Court investigates clerks over the Dobbs leak, and in the wake of the revelations of Ginni Thomas’ involvement in efforts to overturn the 2020 election, Dahlia is in conversation with Noah Bookbinder of CREW about how to fix judicial ethics.
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In light of the Uvalde school shooting, we’re rebroadcasting a special audio presentation from Amicus that originally aired in 2018. Dahlia Lithwick spoke to three educators who survived gun violence at their schools. Heather Martin was a student at Columbine during the 1999 mass shooting; Mary Ann Jacob was library clerk at Sandy Hook at the time of the 2012 shooting; and Ken Yuers was a teacher at Rancho Tehama Elementary School when it suffered a school shooting in 2017. They discussed what they experienced, what it was like going back to the classroom, and what they want changed.
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Dahlia Lithwick is joined by Ambassador Norm Eisen to discuss The Big Picture: democracy, the Rule of Law and the new volume he has co-written and edited, Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy. Norm and Dahlia look back to January 6th 2021, and ahead to the coming hearings and the midterms.
In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about Ted Cruz’s victory at the Supreme Court, and what it means for what’s left of campaign finance law, the stunning decision out of the 5th circuit that questions the constitutionality of, well, pretty much the whole of the civil service… And Oklahoma’s new abortion ban law that picks up Texas’ vigilante reproductive regulation and runs with it.
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We'll be back with another episode of Amicus on June 4th, when we’ll start coming to you weekly as the Supreme Court’s term hurtles to its conclusion and we are deluged with consequential decisions. Hoping you can join us to try to navigate the last few weeks of the term, and its fallout.
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In a special live panel discussion in partnership with the Crosscut Festival, this week’s Amicus tackles the post-leak landscape and potential post-Roe fallout from Justice Samuel Alito’s draft opinion in Dobbs. An all-star panel, featuring law professor and podcast host Melissa Murray, journalist and bestselling author Jessica Bruder, and Slate’s news director Susan Matthews—host of the upcoming Season 7 of Slow Burn focusing on the road to Roe v Wade—get together to discuss the past, present, and future of reproductive liberty.
Podcast production by Sara Burningham.
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In a special episode for Slate Plus members, Dahlia Lithwick is joined by Slate’s Mark Joseph Stern for in-depth analysis of the stunning leaked draft opinion from Justice Samuel Alito in Dobbs v Jackson Women's Health Organization, the abortion case that is poised to overturn 50 years of jurisprudence and Roe v Wade.
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Podcast production by Sara Burningham
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On this episode of Amicus – in studio edition! – host Dahlia Lithwick is joined by Professor
Lawrence O. Gostin, professor of global health law, at Georgetown University, among many other things. They talk about the federal district court in Florida’s decision to lift the mask mandate for public transportation. While it may seem like a small deal given that the mandate was set to expire in a few weeks anyway, the decision was built on a very labored and tortured interpretation of the word “sanitation.” Professor Gostin explains that this case could have a chilling effect on government agencies. They also discuss why the decision by the Biden administration to appeal involved a lot of political calculous.
In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern to talk about a death penalty decision at the Supreme Court and an upcoming case about school prayer.
Podcast production by Cheyna Roth.
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On the great legal history episode of Amicus, host Dahlia Lithwick is joined first by David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center. While GOP Senators used the Ketanji Brown Jackson hearings to take potshots at important ideas like unenumerated rights and substantive due process to score points with their base, the talking points became entrenched in political discourse. Does it matter? Of course it does.
Later in the show, Dahlia is joined by Rund Abdelfatah co-host and producer of NPR’s podcast Throughline. The podcast explores the history behind current events. Dahlia and Rund talk about Throughline’s episode Pirates of the Senate to take a closer look at the history behind the filibuster, and explore why so many of our ideas about the filibuster are just plain wrong.
In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern on the Judge Ketanji Brown Jackson confirmation, a case creating a new constitutional bar against malicious prosecution, and more shadow docket shenanigans.
Podcast production by Sara Burningham and Cheyna Roth.
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It was a week: Judge Ketanji Brown Jackson’s confirmation hearings, Justice Clarence Thomas in the hospital, Ginni Thomas’ tweets in the hands of the Jan. 6 committee, and an out-of-the-blue redistricting decision on the shadow docket.
First, Dahlia Lithwick is joined by Angela Onwuachi-Willig, dean of Boston University Law School, to discuss why the Senate Judiciary Committee is a terrible venue for a job interview and the ways in which Judge Jackson rose above it.
Next, Dahlia talks to Nate Persily of Stanford Law School about how the hearing interacts with the bigger picture of disinformation ecosystems, Ginni Thomas’ texts, and fills us in on the Wisconsin redistricting case. Finally, they discuss Prof. Persily’s almost 40-year friendship with Ketanji Brown Jackson.
In our Slate Plus segment, Dahlia and Mark Joseph Stern dig into judicial ethics and what shocked them this week.
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Podcast production by Sara Burningham.
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In a Slate Plus-exclusive episode, Dahlia Lithwick and Mark Joseph Stern look ahead to next week’s hearings and lend their expert opinions on what’s likely to come up, what really matters, and who’s got the whole thing upside down.
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Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Professor Anita Hill to discuss confirmation hearings past and future, the unfinished work of equality, and whether the current Supreme Court can be part of that work.
In our Slate Plus segment, Slate’s senior jurisprudence editor Nicole Lewis and senior writer Mark Joseph Stern discuss the worrying news buried in a shadow docket “win” for redistricting, a unanimous decision Monday, and the judges who seem intent on threatening national security by meddling with the military.
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Podcast production by Sara Burningham.
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Election denialism and disinformation threaten the integrity of U.S. elections, but what can we do about this growing crisis? In this week’s Amicus, Dahlia Lithwick talks to election-law professor Rick Hasen about his new book Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It.
Slate Plus members have access to an extended version of this interview.
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Podcast production by Sara Burningham.
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As President Joe Biden announces his pick to replace Justice Stephen Breyer on the Supreme Court, Dahlia Lithwick is joined by Olivia Warren, a former clerk of nominee Judge Ketanji Brown Jackson, and Slate’s own Mark Joseph Stern to discuss Judge Jackson’s character, her qualifications, and the qualities she’ll bring to the highest court in the land if confirmed.
In our Slate Plus segment, members will hear more from Mark and Dahlia on the other big news of the week: the Supreme Court’s decision to take up a First Amendment case next term that could have sweeping implications for LGBTQ people—and for a lot of other folks besides. They also dig into Florida’s deeply disturbing “don’t say gay” legislation and Texas’ new vigilante directive targeting trans youth and their loved ones.
Podcast production by Sara Burningham.
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Dahlia Lithwick interviews Rep. Adam Schiff about his work on the Jan. 6 select committee and his fears for our democracy. Next, Dahlia is joined by pre-eminent election-law scholar Professor Franita Tolson, who clears up any confusion about what happened in the shadow-docket order concerning Merrill v Milligan, which appears to have kicked away the remaining protections of the Voting Rights Act’s Section II.
Slate Plus members will have access to Dahlia’s conversation with Mark Joseph Stern about shadow-docket shenanigans and Mark’s new beat: Madison Cawthorne, “everybody’s favorite insurrectionist-adjacent representative.”
Podcast production by Sara Burningham.
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As Justice Stephen Breyer announces his intention to step down from the Supreme Court, Dahlia Lithwick is joined by Judge Nancy Gertner to discuss why now, what now, and who now. Judge Gertner is a former federal judge, member of the White House’s Supreme Court Reform Commission, Harvard Law professor … and she’s known Justice Breyer for decades. They discuss what’s changed on the court and wax nostalgic about Justice Breyer and Justice Scalia’s Muppet stadium tour.
In our Slate Plus segment, Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to dig into some of the nastier commentary around possible nominees for Justice Breyer’s seat, and to figure out what the rest of the term might look like in light of this week’s news.
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Podcast production by Sara Burningham.
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In the wake of two major vaccine-mandate decisions at the high court this week, Dahlia Lithwick is joined by Andy Slavitt, former senior adviser to Biden’s White House pandemic response team. Slavitt was also the acting administrator of the Centers of Medicare and Medicaid Services from 2015 to 2017. He hosts the In the Bubble podcast, and is the author of Preventable: The Inside Story of How Leadership Failures, Politics, and Selfishness Doomed the U.S. Coronavirus Response.
In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern for more analysis of the vaccine cases, plus a look at state efforts to bar participants in the Jan. 6 insurrection from office, several vitally important state Supreme ourt decisions and what they suggest, and the refusal of Neil Gorsuch to mask up at the high court. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, to reflect on the past year and her time at the head of the legendary civil rights organization as she prepares to step down in spring 2022.
In our Slate Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern for the “Amicus Plus 2021 Hangover Edition,” in which they run down their biggest headaches from 2021 and look for signs of hope in the courts and the legal system for 2022.
Podcast production by Sara Burningham.
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Almost a year later, are we seeing signs of some sort of accountability for the Jan. 6 insurrection? And why is that accountability so important and yet so hard to achieve? Dahlia Lithwick is joined by Walter Shaub, former director of the Office of Government Ethics, Shaub currently leads the Project on Government Oversight’s ethics initiative.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Mark Joseph Stern for an emergency reading of the jurisprudential tea leaves in the wake of the Supreme Court’s decisions regarding Texas’ abortion ban, under SB8.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Julie Rikelman, senior director of litigation at the Center for Reproductive Rights, who argued for reproductive rights and liberty on behalf of Jackson Women’s Health in Dobbs v Jackson Women’s Health at the Supreme Court this week. Together, they unpack the arguments and discuss the women missing from the narratives in the courtroom that day.
Then, Dahlia’s joined by Professor Katherine Franke, director of the Center for Gender and Sexuality Law at Columbia University and the founder and faculty director of the Law, Rights, and Religion Project at Columbia Law School. Professor Franke helps us examine how the Supreme Court’s conservative majority’s views on religious liberty undergirded Wednesday’s arguments, are set to influence the court’s jurisprudence, and will likely alter your constitutional rights.
In our Slate Plus segment, Slate’s own Mark Joseph Stern joins Dahlia for a frank discussion of the liberal justices’ performances in this week’s monumental abortion case, the gaslighting that maybe got us here, and then they look ahead to a big religious-liberty case coming up next week.
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Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by leading environmental lawyer and Harvard professor Richard Lazarus , author of The Rule of Five: Climate History at the Supreme Court, to discuss cases currently flying under many court-watchers’ radar, which could have a huge impact on our ability to respond to climate change.
In our Slate Plus segment, Slate’s senior jurisprudence editor Nicole Lewis joins Dahlia to discuss the Kyle Rittenhouse verdict, the criminal trial of Gregory and Travis McMichael and William Bryan in Georgia for the killing of Ahmaud Arbery, and the federal civil trial in Charlottesville of white supremacist groups, and what all three cases tell us about whiteness and justice in America.
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Dahlia Lithwick is joined by Elizabeth Wydra, President of the Constitutional Accountability Center, a think tank, law firm, and action center dedicated to the project of using the original text, purpose and history of the Constitution to achieve progressive outcomes. Together, they take us inside the chamber for the big cases at the Supreme Court this week, concerning guns and abortion.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss some significant orders concerning religious exemption and capital punishment, the cert grant that’s bad news for the climate, and whether some of the justices might be having a shadow docket hangover.
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Dahlia Lithwick is joined by Dean Erwin Chemerinsky of Berkeley Law School at the University of California to discuss a pair of brief opinions from the Supreme Court on qualified immunity for the police that came down this week. They hint that the high court may be ready to expand police immunity from lawsuits. Dean Chemerinsky’s new book, Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, offers in-depth analysis of a legal regime in which, as he puts it “The police always win.”
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss the other comings and goings at the court, including Justice Clarence Thomas’s modeling of yet another apolitical justice who just happens to hang out with Sen. Mitch McConnell. No, you’re the partisan hack.
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Dahlia Lithwick is joined by Professor Lee Epstein, who studies judicial behavior using empirical legal research, to try to figure out what’s unprecedented partisanship and what’s clumsy PR from the justices as we embark upon a hugely consequential new Supreme Court term.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to talk about Justice Alito’s press-baiting speech last week, what’s happening with SB8, and to discuss whether we’re seeing some signs of accountability for some of the legal architects of former President Trump’s attempt to subvert the election.
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Dahlia Lithwick is joined by Melissa Murray, Leah Litman, and Kate Shaw of the Strict Scrutiny podcast for a special Supreme Court term kick-off panel recorded at the Texas Tribune Festival. They tackle the big-ticket items facing the high court: abortion, guns, and maybe affirmative action. They also discuss the court’s struggle to shore up its legitimacy in the middle of a hard-right turn.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to thrash out what on earth is going on in all the various courts with Texas’ abortion law SB 8, how on earth the author of the how-to-do-a-coup memo is still a welcome after-dinner speaker in legal land, and what is Justice Stephen Breyer thinking, Part 483.
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This weekend marks the 20th anniversary of 9/11, and as the withdrawal from Afghanistan dominates the headlines, so does the conversation about the forever war and its implications. Dahlia Lithwick is joined by Baher Azmy, the legal director of the Center for Constitutional Rights. Azmy has been challenging the U.S. government repeatedly over the past two decades, litigating matters from the rights of Guantanamo detainees, to discriminatory policing practices, to government surveillance, to the rights of asylum seekers and accountability for victims of torture. Azmy is also the author of the chapter "Crisis Lawyering in a Lawless Space: Reflections on Nearly Two Decades of Representing Guantánamo Detainees" in the Crisis Lawyering collection from NYU Press.
In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern to talk about a case concerning religious freedom in the execution chamber, which made it off the shadow docket and into the light of day. They also explore who on earth has standing in Texas’ SB 8 anti-abortion law.
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Urgent times call for urgent conversations as Professor Michele Goodwin and Rebecca Traister join Dahlia Lithwick for an emergency Amicus to discuss
what’s new and what’s very old about SB 8, the law that allowed Texas to functionally overturn Roe v Wade. They also unpack what it really means when five justices on the Supreme Court hold up their hands as if to say “nothing we can do.”
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Dahlia Lithwick is joined by My Name Is Pauli Murray directors, Betsy West and Julie Cohen, and by Professor Patricia Bell-Scott, a consulting producer on the film and professor emerita of women’s studies and human development and family science at the University of Georgia. Professor Bell-Scott’s biography, The Firebrand and the First Lady: Portrait of a Friendship: Pauli Murray, Eleanor Roosevelt, and the Struggle for Social Justice,won the Lillian Smith Book Award.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss this week’s terrible shadow docket decisions.
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Dahlia Lithwick is joined by Professor Michael Heller, one of the authors of Mine! How the Hidden Rules of Ownership Control Our Lives, for the latest installment of Amicus’ summer season of episodes exploring books and films about the law.
Podcast production by Sara Burningham.
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Continuing Amicus’ summer season of deep dives into books, films, and ideas beyond the confines of the Supreme Court chamber, Dahlia Lithwick is joined by historian and chair of African American studies at Emory University professor Carol Anderson to talk about her book The Second. They discuss the long anti-Black history of gun laws in the United States and how race defines gun rights today.
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In the first of Amicus’ summer season of conversations, Dahlia Lithwick tackles one of the major challenges of this moment: how to fix American democracy. Dahlia is joined by the Nation’s Elie Mystal and former chief of staff for Sen. Harry Reid and author of Kill Switch, Adam Jentleson. In a discussion that was taped as part of the Crosscut Festival, they discuss the filibuster, voting rights and court reform––and whether the Biden administration has left it too late to tackle all three.
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A Supreme Court brain trust gathers for this year’s Amicus Breakfast Table. Dahlia Lithwick is joined by Melissa Murray, professor at NYU School of Law and co-host of the podcast Strict Scrutiny; Jeffrey Fisher, Stanford Law School professor and co-director of Stanford’s Supreme Court Litigation clinic; Perry Grossman*, senior staff attorney at the New York Civil Liberties Union’s Voting Rights Project; and of course, Slate’s own Mark Joseph Stern. Together, they analyze the shape of the court and the ramification of its decisions at the end of the 2020 term.
*Perry Grossman appeared on this podcast in a personal capacity, and views expressed do not necessarily represent the NYCLU.
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As the big decisions for the term start to cascade down from the high court, Dahlia Lithwick is joined by one of the nation’s foremost thinkers and writers about the Supreme Court: Dean Erwin Chemerinsky of Berkeley Law School. Together, they unravel the ruling on the Affordable Care Act, try to discern the significance of the unanimous decision in Fulton, and Dean Chemerinsky outlines why he’s calling on Justice Stephen Breyer to step down.
In our Slate Plus segment, Mark Joseph Stern explains the other big decision in Nestle v Doe, and whether the pessimism around Fulton is warranted.
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Dahlia Lithwick and Slate’s Mark Joseph Stern offer analysis of the big decisions due from SCOTUS any minute, and Dahlia hosts a conversation with Rep Katie Porter about the need for laws to shore up toppled norms.
In our Slate Plus segment, Mark returns to discuss the Stanford law student targeted by the Federalist Society. Nicholas Wallace nearly missed out on getting his diploma after fellow law students and the university mistook satire for defamation. Also Mark and Dahlia are getting “free speech for me but not for thee” tattoos.
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Political Gabfest—and you’ll be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
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Hi Amicus listeners. Some of you might be familiar with The Waves, Slate’s podcast about feminism and gender, which has been around for years in various forms. The Waves went on hiatus at the beginning of the COVID pandemic, but I’m glad to say that it is back. Every Thursday, you’ll find a new episode in your feed, looking at the news and culture through the lens of gender. We thought Amicus listeners would enjoy this week’s episode, featuring a conversation between Slate's Christina Cauterucci and Robin Marty, author of The New Handbook for a Post-Roe America, gaming out the potential post-Roe future. If you like it, please subscribe to The Waves wherever you get your podcasts.
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Dahlia Lithwick is joined by two independent abortion providers, Amy Hagstrom Miller of Whole Women's Health and Tammi Kromenaker of Red River Women's Clinic, to share their reactions to two huge pieces of news in reproductive rights and health this week: the Supreme Court’s Dobbs grant, and SB8 in Texas. Then, Ian Milhiser of Vox and Sen. Sheldon Whitehouse of Rhode Island join Dahlia to discuss the courts and democracy, and why Clarence Thomas may be the most consequential justice for a generation.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss why the justices feel emboldened to take up such blockbuster cases for next term.
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Political Gabfest—and you’ll be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
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Dahlia Lithwick is joined by Preet Bharara, former U.S. Attorney for the Southern District of New York, host of Stay Tuned with Preet, and author of Doing Justice. Bharara gives an insider’s view of Rudy Giuliani’s current plight, they also discuss this week’s ruling from a federal judge rebuking former attorney general Bill Barr.
If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Dear Prudence—and you’ll be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.
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In the wake of the conviction of former police officer Derek Chauvin in the murder of George Floyd, journalism professor Allissa Richardson joins Dahlia Lithwick to discuss what it is to bear witness while Black in America, and why the media needs to stop airing the videos. (This is the interview with Vanita Gupta that Dahlia mentions.
In our Slate Plus segment, Mark Joseph Stern and Dahlia probe the duplicity at the high court in this week's shocking juvenile life without parole decision, why justices insisting they're best friends really isn't the answer to calls for court reform, and a look ahead to the biggest case so far this term that you probably haven't heard much about.
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Dahlia Lithwick is joined by Professor Ciara Torres-Spelliscy, a Brennan Center fellow and professor at Stetson University, to discuss how, when it comes to corporate influence over politics, money talks - but should it actually speak? From Georgia boycotts to campaign finance, and Mitch McConnell’s apparent new take on Citizens United.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss Justice Clarence Thomas’ anti-big-tech energy, why progressives need to stop pressuring Justice Stephen Breyer to retire, the rising tide of anti-trans bills around the country, and Joe Biden’s Presidential Commission on the Supreme Court of the United States.
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Dahlia Lithwick is joined by Adam Cohen to talk about Supreme Inequality: The Supreme Court’s Fifty-Year Battle for a More Unjust America, and whether Merrick Garland should heed calls to reinvestigate Justice Brett Kavanaugh.
In our Slate Plus segment, Mark Joseph Stern on Cedar Point Nursery v Hassid, the big union case before the court this week, guns at the 9th Circuit, and Georgia’s vote-suppression legislation push.
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Dahlia Lithwick is joined by Sen. Jeff Merkley of Oregon to discuss voting rights, democratic reform, and what it will take to get the For the People Act through Congress. This conversation was recorded as part of this year’s SXSW.
Slate Plus members have access to the whole interview.
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Dahlia Lithwick is joined by Jessica Ring Amunson, who argued Brnovich v DNC at the Supreme Court this month, to take us inside the arguments and the key questions, and also to look at the wider landscape for voting rights.
Then Dahlia’s joined by Jamal Greene who says Americans’ thinking about rights is all wrong, as they discuss his new book How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to thrash out the major issues of the week we couldn’t get to in the main show, including racism at Georgetown University Law Center, Chief Justice John Roberts’ lone dissent, and the last of the kraken election cases batted away from the high court.
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Dahlia Lithwick is joined by Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, to try to unpack how the First Amendment has become the answer to everything and yet actually applies to so few of the speech issues we face.
In our Slate Plus segment, Mark Joseph Stern takes a look at Justice Clarence Thomas’ dissent this week that sounded a lot like an endorsement of the Big Lie of 2020: Just because there’s no evidence of voter fraud, doesn’t mean it didn’t happen.
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Dahlia Lithwick is joined by renowned communications researcher and campaign adviser Anat Shenker-Osorio to talk about the messaging of impeachment outside the lens of the law. Then, Bob Bauer, former White House counsel under President Barack Obama and senior adviser to the 2020 Biden campaign, joins Dahlia to discuss the significance of this impeachment as a legal matter, and the next steps needed when the trial ends (in acquittal).
In our Slate Plus segment, Mark Joseph Stern on the guessing-game that is the law of Covid and death-penalty protocols in late-night SCOTUS orders.
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Dahlia Lithwick is joined by Daniel Goldman, who spearheaded the first round of impeachment hearings in the House in December 2019 as the senior adviser and director of investigations for the U.S. House of Representatives Permanent Select Committee on Intelligence. They examine what impeachment last time can teach us about impeachment this time, and why we’ve got to stop thinking like lawyers when it comes to the Senate trial.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss the attempted sub-coup at the Justice Department, the first Biden-era sightings of the long tail of Trump’s judicial appointments, and the conservative legal establishment’s choice to embrace Trumpists after Jan. 6.
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Dahlia Lithwick is joined by Juliette Kayyem, former assistant secretary at the Department of Homeland Security under President Barack Obama, currently serving as the faculty chair of the homeland security program at Harvard’s Kennedy School of Government, to look at the violent extremist elements of the MAGA movement and how counterterrorism tools can inform the response to the attack on the Capitol and President Trump’s “stochastic terrorism.”
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss developments in the judiciary in North Carolina and Pennsylvania, the high court’s decision to greenlight more federal executions in the last days of the Trump administration, and the first abortion case of the Amy Coney Barrett era.
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Dahlia Lithwick is joined by Joshua Geltzer, a former senior director for counterterrorism at the National Security Council under President Barack Obama and the founding executive director of the Institute for Constitutional Advocacy and Protection at Georgetown Law. He also wrote this piece in February of 2019.
Podcast production by Sara Burningham.
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The incarceration of tens of thousands of Japanese Americans in the 1940s is one of the most shameful acts in American history. Dahlia Lithwick is joined by Judge Edward M Chen and Don Tamaki, members of the legal team that worked to clear Fred Korematsu’s name almost 40 years after his conviction, to discuss the overlooked context, corruption, and cover-up that enabled the policy, and to examine how the Supreme Court has yet to fully contend with the legacy of Korematsu v United States. They also unpack the lessons the case offers for the present moment.
The documentary discussed is Alternative Facts: The Lies of Executive Order 9066.
Podcast production by Sara Burningham.
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Dahlia Lithwick talks to Justice Stephen Breyer of the US Supreme Court for a Slate Plus exclusive, as part of Slate’s 80 over 80 coverage.
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Dahlia Lithwick is joined by Michigan Secretary of State Jocelyn Benson to talk about lessons learned from this election cycle, and what it’s like to be in the eye of the “unleash the kraken” storm.
Next, Dahlia talks with Professor Steve Vladeck of the University of Texas School of Law about Bill Barr’s departure from the Justice Department, and they try to shed some light on the latest signals emerging from the Supreme Court’s shadow docket.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia for all the Supreme Court news we couldn’t cram into the main show, including analysis of the Covid closure cases and Mitch McConnell’s unprecedented lame-duck judicial appointment spree.
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Dahlia Lithwick is joined by Jack Goldsmith, Harvard Law professor, senior Hoover Institution fellow, co-founder of the Lawfare blog, and co-author (with Bob Bauer) of After Trump: Reconstructing the Presidency. They unpack the presidential pardon power and try to figure out what Attorney General Bill Barr is up to with John Durham’s investigation of the investigation into the 2016 election.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to analyse what’s been happening at the Supreme Court in the last 14 days, including last week’s religious freedom decision weighing public worship in the pandemic, the latest Census case, and Justice Samuel Alito’s eagerness to hear from Pennsylvania.
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Dahlia Lithwick is joined by Joshua Matz to talk election lawsuits, Trump’s lawyers, Big Law, and whether the Biden administration will put “healing” ahead of justice in the post-Trump era.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to try to calibrate alarm about Michigan officials talking to the White House about certifying and uncertifying results. Plus, Amy Coney Barrett’s first SCOTUS vote on the death penalty and the State Supreme Court race in North Carolina that you might have missed, but has much to say about racism and the state of state of the judiciary.
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Dahlia Lithwick is joined by Amicus’ election law whisperer, UC Irvine election law professor Rick Hasen, to sift through the results, the non-calls, and the many, many lawsuits of this post-election moment.
Then, Dahlia is joined by Jim Zirin, former federal prosecutor and author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits, to map out the playbook the president is pulling from today and always--from his Supreme Court picks to all-caps claims of voter fraud.
In our Slate Plus segment, Mark Joseph Stern reports on the big case at the intersection of religious liberty and the right of LGBTQ people to become foster parents that was heard at the Supreme Court this week. And what, if anything, we can draw from Amy Coney Barrett’s first week on the bench (on the phone).
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Episode Notes:
Dahlia Lithwick is joined by Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, to discuss voting and the crisis of legitimacy facing a Supreme Court embroiled in politics, the election, and an epochal shift to the right.
In our Slate Plus segment, Dahlia is joined by Brian Fallon of Demand Justice to discuss the whys and the wherefores of court reform.
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Podcast production by Sara Burningham.
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Regardless of the outcome of the election, the Supreme Court has already entered a new era. Dahlia Lithwick is joined by Heather Cox Richardson for a big-picture conversation about what that means: minority rule and the court’s role, past and present, in changing visions of democracy.
In our Slate Plus segment, Mark Joseph Stern updates us on all the election-law cases. OK, not all of them—there are more than 300 cases going on in 46 states—but Mark brings us up to speed on the key cases and the worrying signals they send about what happens if the election results are contested.
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Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Ilyse Hogue, the president of NARAL Pro-Choice America and the author of The Lie that Binds to discuss the Senate Judiciary Committee’s confirmation hearings for Judge Amy Coney Barrett and what her nomination to the Supreme Court means for reproductive rights.
In our Slate Plus segment, Dahlia is joined by Professor Pamela Karlan of Stanford Law School to discuss all the other questions that went unanswered at the hearings.
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Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Robert Raben, a former senior Hill staffer, former assistant attorney general in Bill Clinton’s Department of Justice, and founder of the Raben Group, for some real talk about next week’s Senate confirmation hearings. Next, Brian Kalt, Michigan State University College of Law professor and author of Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment, joins Dahlia to clarify what’s really on the table as Nancy Pelosi and Rep. Jamie Raskin introduce a bill that would form a commission to rule on the president’s fitness for office.
In our Slate Plus segment, Mark Joseph Stern on what you may have missed from the the start of the Supreme Court’s new term, the signal to LGBTQ people from Justices Clarence Thomas and Samuel Alito this week, and the worrying federal court decision about voting in Wisconsin.
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Dahlia Lithwick is joined by election law professor Rick Hasen of UC Irvine, author of Election Meltdown, for an update on the state of the election given the president’s COVID diagnosis.
They are joined by Professor Carol Anderson, Charles Howard Candler professor of African American Studies at Emory University, to discuss the president’s undermining of the election.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by the Nation’s justice correspondent Elie Mystal and Slate’s Mark Joseph Stern for some hard truths about the future of the Supreme Court and what, if anything, Democrats can do about it.
In this week’s Slate Plus segment, Mark sticks around to delve into the worrying news coming out of Pennsylvania and other adventures in pre-election litigation.
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Podcast production by Sara Burningham.
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Marking the passing of a constitutional titan, Dahlia Lithwick is joined by Columbia Law professor and former law clerk to Supreme Court Justice Ruth Bader Ginsburg, Gillian Metzger. And a special remembrance from Justice Ginsburg’s law school classmates Flora Schnall and Judge Carol Brosnahan.
Podcast production by Sara Burningham.
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This is a replay of a special bonus live episode from the National Constitution Center. Dahlia Lithwick in conversation with Jeffrey Rosen about his 2019 book Conversations With RBG: Ruth Bader Ginsberg on Life, Love, Liberty, and Law.
Podcast production by Sara Burningham, with thanks to the National Constitution Center.
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In January, Dahlia Lithwick spoke to Ruth Bader Ginsburg about the women of Harvard Law School’s class of 1959. Slate Plus members heard the interview in August as part of our feature on the women of Ginsburg’s class. We’re now making it publicly available for the first time.
Go to Slate.com/RBG for more on all the women of the class. To support our work, join Slate Plus at Slate.com/amicusplus.
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What is Bill Barr doing, and why is he doing it? Donald Ayer, former U.S. attorney and principal deputy solicitor general in the Reagan administration and deputy attorney general under George H.W. Bush, on the attorney general’s ideology, how it predates Trumpism, and why it’s so dangerous.
In the Slate Plus segment, Mark Joseph Stern breaks down the latest voting breakdown in Wisconsin’s Supreme Court, the latest Census case dead end, and the stupidity of Trump’s latest SCOTUS list.
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Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Kristen Clarke, president of the Lawyers Committee for Civil Rights Under Law, and Professor Samuel Bagenstos of the University of Michigan School of Law, to discuss the status of voting rights litigation as we count down to November’s election. Then Dahlia is joined by Slate’s own Mark Joseph Stern to talk about the alarming developments in Kenosha, Wisconsin.
In this week’s Slate Plus segment, Mark sticks around to explain the Supreme Court’s shadow docket, and why it matters.
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In July, Slate published "The Class of RBG,” a print piece and two podcast episodes about the nine other women in Ruth Bader Ginsburg’s Harvard Law School class. June Thomas talked to Dahlia Lithwick and Molly Olmstead about the making of the package on the July 26 episode of Working, Slate’s podcast about the creative process. We thought Amicus listeners would enjoy a slightly extended version of that interview.
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Exclusive to Slate Plus members, Dahlia Lithwick’s January interview with Ruth Bader Ginsburg about the women of Harvard Law School’s class of 1959.
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Go to Slate.com/RBG for more on all the women of the class.
Find the print version of this interview here.
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When Ruth Bader Ginsburg became the second woman appointed to the U.S. Supreme Court, the women who went to law school with her knew something of what it had taken to get there. In the second part of this special series, Dahlia Lithwick talks to Justice Ginsburg’s classmates about their lives in the law after Harvard, and to Justice Ginsburg herself about what women in the law today can take from their stories.
Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here.
Archive of President Bill Clinton announcing his intent to nominate Ruth Bader Ginsburg to the Supreme Court courtesy; William J. Clinton Presidential Library.
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Dahlia Lithwick goes back to where one of the most influential legal careers in US history began—Harvard Law School, September 1956—to find out what we can learn from the other women of the class of 1959, and their notorious classmate.
Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here.
Podcast production by Sara Burningham.
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Who were the nine other women of Harvard Law School's class of 1959? Justice Ruth Bader Ginsburg remembers them all.
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Dahlia Lithwick is joined by Dean Erwin Chemerinsky of Berkeley Law, associate law professor Zephyr Teachout of Fordham University, and Slate’s own Mark Joseph Stern to rake over the end of the Supreme Court term, taking a close look at the Trump financial records cases, the ministerial exception cases, and a landmark decision about tribal lands in Oklahoma.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Professor Melissa Murray of NYU School of Law and Jeffrey Toobin of the New Yorker for a round table discussion of the big abortion case of the term, why Chief Justice John Roberts chose to strike down the Louisiana abortion law in June Medical Services LLC v Russo, and why opinion about Roberts’ opinion seems to be divided along very gendered lines.
In the Slate Plus segment, Dahlia and Mark Joseph Stern break down the other big opinions of the week and their implications for executive power and the separation of church and state. Finally, they look ahead to what remains of the term. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Luis Cortes Romero, the attorney and DACA recipient who was part of the team that prevailed in this week’s DACA ruling. He will restore some of your faith in the American courts. And then Dahlia talks to Professor Pam Karlan about this week’s landmark LGBTQ employment rights case, in which she argued successfully for Title VII protections to apply to gay, lesbian, bisexual, and transgender employees.
In the Slate Plus segment, Mark Joseph Stern tries to help Dahlia figure out who this new Chief Justice John Roberts is and what that can tell us about the remaining (huge) opinions still to be issued this term.
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Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Dean Angela Onwuachi-Willig of Boston University School of Law to share the feelings and thinking behind her letter to her students reflecting on recent protests and killings. (Also mentioned, the letter from the Washington State Supreme Court and the Massachusetts Supreme Judicial Court.)
Next, Vanita Gupta of the Leadership Conference on Civil and Human Rights and former head of the Civil Rights Division of the Justice Department in the Obama administration discusses America’s overpolicing problem and what’s needed for real change.
In the Slate Plus segment, Mark Joseph Stern on the midnight decision in a case brought by churches who objected to state lockdown orders, and why the GOP strategy to block voting by mail has a big swing state problem.
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Podcast production by Sara Burningham.
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A big show for the long weekend. First, Dahlia Lithwick is joined by Leah Litman of the University of Michigan Law School to discuss oral arguments in the Trump financial records cases, and to get granular with the question of who gets interrupted most in oral arguments over the phone. (Guess what? It’s gendered.)
Next, a big picture conversation about the rule of law and global justice before, during, and after COVID-19, with David Miliband of the International Rescue Committee.
In the Slate Plus segment, Mark Joseph Stern takes us through arguments in the faithless electors case, the big religious freedom case that most people missed, and why you shouldn’t read too much into the Supreme Court’s latest order regarding the Mueller Report. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Susan Hennessey, national security analyst and executive editor of Lawfare to discuss the ramifications of the Justice Department’s decision to drop the case against Michael Flynn. Later in the show, Lithwick is joined by veteran Supreme Court watcher Linda Greenhouse to unpack the new format for Supreme Court arguments: a teleconference carried live on C-SPAN, with a close look at the birth control case you might have missed.
In the Slate Plus segment, Mark Joseph Stern on how Flushgate could affect post-pandemic openness at the Supreme Court and which justice is crushing the conference calls. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Colorado State Attorney General Phil Weiser to talk about how states’ rights fit into the picture of America that’s emerging in this pandemic.
In the Slate Plus segment, Mark Joseph Stern joins Dahlia to talk about the big decisions that came down from the high court this week and what they mean for other, even bigger, decisions yet to come this term. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Marc Elias, chair of Perkins Coie’s Political Law Group, he represents the Democratic National Committee and the Democratic Party of Wisconsin. Together, they reconstruct how the Supreme Court stepped into Wisconsin’s April election, and what the path to that decision—and the fallout from it—can teach us ahead of November.
In the Slate Plus segment, Mark Joseph Stern talks about Mitch McConnell’s continued campaign to stack the judiciary, the dissonance between conservative positions on election law and reproductive rights in the time of COVID, and the piece he wishes he and Dahlia had written together this week, but didn’t. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Ian Bassin, former associated White House counsel from 2009-11 and co-founder of Protect Democracy for a look at the pain points, tensions, and glimmers of hope in how this constitutional democracy is handling the unprecedented challenges presented by COVID-19.
In the Slate Plus segment, Mark Joseph Stern on why Justice Elena Kagan is voting with the conservatives, the unanimous decision in Comcast Corp. v. National Association of African American Media and what it means for future civil-rights cases, and the crisis unfolding in the immigration courts. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Professor Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy at the University of California Irvine School of Law. Professor Goodwin unpacks the oral arguments in this term’s big reproductive health case, June Medical Services, and delves into the history of racism and civil-rights trampling in the name of public health.
For plus members, Mark Joseph Stern joins Dahlia with what to expect from a SCOTUS closed to the public, the Obamacare case, and which record was met at the Supreme Court this week.
Podcast production by Sara Burningham.
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Dahlia Lithwick asks the new president of the American Constitution Society, Russ Feingold, if it’s too late for progressives to respond to the conservative steamroller that is the Federalist Society.
Slate Plus members have access to a bonus segment in which Slate’s Mark Joseph
Stern breaks down the headlines, cases, cert grants, and conundrums from the Supreme Court and federal appellate courts. To start your free two-week trial go to slate.com/amicusplus
Podcast production by Sara Burningham.
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Brendan Nyhan is a political science professor at Dartmouth College who focuses on misinformation and so-called fake news. His views on how fake news affects election outcomes might surprise you.
Try Slate Plus free: slate.com/amicusplus
Podcast production by Sara Burningham.
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In the fifth and final part of this special series of Amicus, Dahlia Lithwick is joined live on stage in Washington by former Florida gubernatorial candidate Andrew Gillum, MacArthur fellow Professor Danielle Citron of Boston University law school, director of the ACLU’s voting-rights initiative Dale Ho, and election law professor Rick Hasen of the University of California, Irvine. Together, they pick themselves up from the rug of despair with a pile of can-do fixes for the stress points threatening the integrity of U.S. elections.
Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.
Podcast production by Sara Burningham.
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In the fourth part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen and Professor Carol Anderson, Charles Howard Candler Professor of African American Studies at Emory University and author of One Person, No Vote: How Voter Suppression is Destroying Our Democracy.
Together, they try to sort through the rhetoric and the reality of “stolen” elections.
Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.
Join Slate for the Election Meltdown live show on Feb. 19 in Washington.
Podcast production by Sara Burningham.
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In the third part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to unpack the bag of dirty tricks that may be deployed in 2020’s election, and to examine the debris of the Iowa caucus debacle to find clues to what’s coming.
Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.
Join Slate for the Election Meltdown live show on Feb. 19 in Washington.
Podcast production by Sara Burningham.
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In the second part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to take a close look at what happened with Michigan’s failed recounts in 2016, exploring how small mistakes can cause big problems in elections, and why democratic areas seem much more prone to incompetence in election administration.
Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.
Join Slate for the Election Meltdown live show on Feb. 19 in Washington.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Barbara McQuade, professor of law at the University of Michigan and former U.S attorney for the Eastern District of Michigan, to explore the ramifications of the last two weeks in the Senate.
Join us for a live show on Feb. 19 in Washington.
Podcast production by Sara Burningham.
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Despite winning the Electoral College vote in 2016, President Donald Trump still claimed widespread voter fraud had robbed him of millions of votes. In the first part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to explore how those claims bolstered voter suppression and now threaten the integrity of the 2020 election.
Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.
Join Slate for the Election Meltdown live show on Feb. 19 in Washington.
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Dahlia Lithwick is joined by Neil Eggleston, White House Counsel during the last three years of the Obama Administration. He also represented the Office of the President in privilege litigation against the Starr Independent Counsel’s Office during the President Clinton Whitewater/Lewinsky investigation. Together, they take a close look at the lawyers surrounding the president, and at the legal strategies in play as the impeachment process moves into its trial phase.
Join us for a live show on February 19th in Washington DC: https://slate.com/live/amicus-live-w-dahlia-lithwick-andrew-gillum-and-more.html
Podcast production by Sara Burningham.
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In a conversation taped live at the Aspen Institute, Dahlia Lithwick speaks to former acting solicitor general of the United States Neal Katyal about impeachment, and how he approaches is it as an “extremist centrist.”
Katyal’s book, co-written with Sam Koppelman, Impeach: The Case Against Donald Trump, is out now.
This is a preview of a Slate Plus episode. To hear the episode in full, sign up for Slate Plus.
Come see Dahlia Lithwick chatting with Andrew Gillum, Rick Hasen, and other guests live at the Hamilton in Washington, D.C., on Feb. 19.
Podcast produced by Sara Burningham.
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Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to discuss Chief Justice John Roberts’ New Year’s resolutions on the judiciary, impeachment, and this Supreme Court term. Stern’s book American Justice 2019: The Roberts Court Arrives is out now.
Podcast produced by Sara Burningham.
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Dahlia Lithwick is joined by three women using their legal experience to advocate for people trying to navigate the ever-changing, labyrinthine process of claiming asylum in the United States. It’s tough work, and they are volunteering in the face of mounting obstacles. Liz Willis and Dennise Moreno are from ASAP , and Kristin Clarens is with Project Adelante. Next, Dahlia talks to Susan Hennessy of Lawfare to understand the intertwined significance of impeachment, the Mueller Report, and the Department of Justice inspector general’s report.
Send in your questions for our Roberts Court special episode with Mark Joseph Stern on Jan. 4. Submit questions by Jan. 1 to [email protected].
Podcast production by Sara Burningham.
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If you have any school-aged children in your life, you know that lockdown and active shooter drills have become a routine part of their school experience. These drills now take place in 95 percent of American schools.
What you’re about to hear is a collaboration between Slate and The Trace, a nonprofit newsroom covering gun violence in the United States. It’s an audio project featuring firsthand accounts from kids of all ages about what it’s like to go through these drills. We hear a lot about school shootings, but we’re only starting to have a larger conversation about how they affect even those kids who may never go through one.
You can hear more from the students at slate.com/lockdown.
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Dahlia Lithwick is joined by Kate Shaw, a professor of law at Cardozo Law School and the co-director of the Floersheimer Center for Constitutional Democracy. They talk about presidential speech, impeachment, and why figuring out what happens next involves taking a close look at what happened in 1868.
Podcast production by Sara Burningham.
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A special bonus live episode from the National Constitution Center. Dahlia Lithwick in conversation with Jeffrey Rosen about his new book Conversations With RBG: Ruth Bader Ginsberg on Life, Love, Liberty, and Law.
Podcast production by Sara Burningham, with thanks to the National Constitution Center.
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Dahlia Lithwick wants to know what’s next in the impeachment process, so she asks Professor Michael Gerhardt, an expert on constitutional law and the relationship between congress and the president. Then, former Secretary of the Department of Homeland Security Janet Napolitano takes us through the details of the DACA arguments at the SCOTUS. Napolitano rolled out DACA under President Obama and is now suing the federal government for rescinding it on behalf of thousands of students at the University of California, where she is now president.
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Recorded at the Miami Book Fair, in partnership with the Reporters Committee for the Freedom of the Press. Dahlia Lithwick is joined by Laura Moscoso from the Centro de Periodismo Investigativo in Puerto Rico; Norah Gamez-Torres, who covers Cuba for the Nuevo Herald and the MIami Herald; and Emily Michot from the Miami Herald, who worked with Julie K. Brown to break the Jeffrey Epstein story. This fascinating discussion serves as a timely reminder of the centrality of journalism to the health of our democracy.
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Dahlia Lithwick calls former prosecutor Mimi Rocah for an answer to a question Amicus listeners often ask. She then asks Sen.Sheldon Whitehouse, D-Rhode Island, if all hope is lost for the federal judiciary. Finally, she revisits emoluments with Deepak Gupta and pulls on threads that extend right into the impeachment investigation.
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Dahlia Lithwick is joined by Rep. Jim Himes of Connecticut, who sits on the House Intelligence Committee, to talk about the role of intelligence and counterintelligence in the Mueller probe, the impeachment inquiry, and the damage deep state fever dreams could do to law enforcement and oversight.
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Dahlia Lithwick is joined by Stuart Gerson of the conservative legal group Checks and Balances to talk about developments in the border-wall case he helped bring in El Paso, Texas; the view of impeachment from concerned conservatives; and the latest escalation in the Department of Justice’s investigation into the origins of the Russia investigation. Then Cyrus Habib, lieutenant governor of Washington state (and owner of the most impressive résumé of any guest ever on the show) shares a refreshingly optimistic take on the law and politics.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by all-star SCOTUS experts to walk us through this week’s biggest legal and constitutional developments. First, Laurence Tribe answers the questions Amicus listeners have been asking about the next steps in the impeachment process. Next, Pamela Karlan takes us inside the chamber for Tuesday’s oral arguments in a trio of Title VII cases at the high court.
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Dahlia Lithwick is joined by Dean Erwin Chemerinsky of the University of California, Berkeley School of Law, who explains the biggest cases facing the Supreme Court this term. Then Nancy Northup, president and CEO of the Center for Reproductive Rights, explains why the justices have decided to take up June Medical Services v Gee, the first big abortion case of the Kavanaugh era.
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Dahlia Lithwick is joined by Walter Dellinger to discuss impeachment, and the role of White House lawyers in “Ukraine-gate”.
And James Zirin, author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits , breaks down the President’s
history of weaponizing the law while trampling legal norms.
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Dahlia Lithwick is joined by Professor Sonja West of the University of Georgia School of Law and Professor Jamal Greene of Columbia Law School, both former clerks to Supreme Court Justice John Paul Stevens. They discuss his life, legacy, and the lessons they learned from the late justice.
Podcast production by Sara Burningham.
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Dahlia Lithwick is joined by Julian Mortenson, Professor of Law at the University of Michigan to discuss his work to re-frame the conversation around “the executive power”. His paper, “Article II Vests Executive Power, Not The Royal Prerogative” traces the constitutional history of the three words that have grown to encompass so much.
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Dahlia Lithwick is joined by Rebecca Sandefur, who turns a sociologist’s eye to civil justice. Civil justice problems can lead to bankruptcy, homelessness, illness, family separation and poverty, but Sandefur says what makes it to the courts is just the “tip of the civil justice iceberg”.
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Dahlia Lithwick is joined by Michele Goodwin, Chancellor’s Professor of Law at the University of California, Irvine, for a wide reaching conversation about race and gender and the stories America tells itself so it can sleep at night. Starting with Trump’s tweets about Baltimore, Professor Goodwin offers an expert survey of centuries of racist and sexist narratives in the legal system and the country at large. This week’s show also features excerpts from a live discussion Dahlia moderated at the 92 St Y with Heidi Shreck (What the Constitution Means to Me) and Professor Laurence Tribe (Harvard Law School).
Podcast production by Sara Burningham
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In a week marked by rising rancor, when racist rhetoric ricocheted out of the president’s twitter feed and into a chanting crowd at his reelection rally, the end of an era almost slid under the radar. Dahlia Lithwick reflects on the passing of Justice John Paul Stevens, and the more than symbolic shift from his jurisprudence, his character, to our current state of affairs at the high court and beyond. You can read more here. And Dahlia is joined by Professor Mary Anne Franks of the University of Miami Law School to talk about her book, “The Cult of the Constitution”, how growing up among christian fundamentalists helped her write a book about constitutional extremists, and why there’s still hope for America’s faulty founding document.
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Dahlia Lithwick is joined by Frank Bowman, author of the upcoming book High Crimes and Misdemeanors, A History of Impeachment for the Age of Trump about the big question: Impeachment, its historical precedent, constitutional roots, and present day predicaments.
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A round table round-up of the 2018 Supreme Court term with Dahlia Lithwick, Slate’s Mark Joseph Stern, Professor Pam Karlan of Stanford and Professor Leah Litman of the University of Michigan Law School. Analysis of the census case, the gerrymandering cases, and the down-docket items you might have missed, but whose repercussions you won’t.
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Dahlia Lithwick joins Trumpcast as a special guest co-host for an intimate conversation with journalist E. Jean Carroll, author of "What Do We Need Men For."
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A flurry of decisions this week, but few big-ticket items. Mark Joseph Stern takes us through the opinions and dissents in Flowers v Mississippi, Gundy v United States and American Legion v American Humanist Association. Dahlia Lithwick is also joined by Jed Shugerman and Andrew Kent of Fordham University Law School, two of the authors of the Harvard Law Review article, Faithful Execution and Article II, which examines whether the constitution holds the President to some higher standard than just not doing crimes.
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When Justice Clarence Thomas wrote a 20 page concurrence to the Indiana abortion law case last week, Adam Cohen’s phone started blowing up. In making an argument linking abortion rights to eugenics, Justice Thomas repeatedly cited Cohen’s book, Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck Adam Cohen joins Dahlia Lithwick to explore the history of eugenics in the U.S. and to examine Justice Thomas’ motives and logic for bringing the argument into the abortion debate.
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A swathe of draconian abortion laws have been passed by states around the country in the past few weeks, but Alabama outdid them all. Legislators there are clearly hoping Justice Kavanagh will nullify Roe v Wade with a stroke of a pen, but there are quite a few other factors at play here and this week Dahlia Lithwick is joined by just the right women to explore those factors. Professor of Law Melissa Murray of NYU discusses the history and significance of Roe, and CNN legal analyst Joan Biskupic, who also authored the new book “The Chief, the Life and Turbulent times of Chief Justice John Roberts”, joins Dahlia to dissect Roberts’ record and reservations when it comes to reproductive rights.
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Judges are at the center of every conversation on Amicus, but never as guests on the show. Until today. Dahlia Lithwick has a wide-ranging and illuminating conversation with Robert Lasnik, Senior United States District Judge of the United States District Court for the Western District of Washington. Judge Lasnik answers questions about how cases are selected, where the judiciary has fallen short in response to #metoo, whether justices should hit back against criticism or maintain a lofty silence, and why Bob Dylan looms large in his courtroom (more details in this 2011 LA Times article).
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Mark Joseph Stern guest hosts and digs into two cases in the Supreme Court this week. First, the court’s questioning if Title VII of the Civil Rights Act extends to LGBTQ protections. Then, the addition of the citizenship question on the 2020 census. Finally, Dahlia interviews Richard Rothestein, author of “The Color of Law”, about the history of residential segregation.
Podcast Production by Danielle Hewitt
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Dahlia Lithwick is joined by former department of Justice spokesperson Matt Miller and Fordham Law Professor Jed Shugerman for a read of the (redacted) Mueller report.
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Dahlia Lithwick is joined by Harvard Law School Professor Carol Steiker, co-author of Courting Death: The Supreme Court and Capital Punishment to explore recent death penalty cases before the Supreme Court and why the 8th amendment has raised tensions among the justices.
This episode is brought to you by The Great Courses Plus. Get your free trial, plus 50% off your monthly plan at TheGreatCoursesPlus.com/Amicus.
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Dahlia Lithwick and Mark Joseph Stern unpack the arguments in the North Carolina and Maryland gerrymander cases heard by the Supreme Court this week, and Aaron Belkin of advocacy group Pack the Courts tells us why packing the courts is becoming a serious topic in the Democratic presidential race.
Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected].
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Dahlia Lithwick pans back this week to assess what’s holding and what’s buckling in terms of norms and institutions, two years and change into the Trump presidency. She’s joined by Ian Bassin of Protect Democracy, a new kind of litigation shop looking at global trends toward authoritarianism and trying to resist those trends in the United States.
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Dahlia Lithwick is joined by conservative lawyer Stuart Gerson and finds common ground over the President’s declaration of a national emergency so he can build the wall. And Leah Litman helps us take a lawyerly look at Michael Cohen’s testimony before congress this week.
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Dahlia Lithwick is joined by Dean Risa Goluboff and Vice-Dean Leslie Kenrick of the University of Virginia School of Law. Together, they tackle issues of race in government, gender in the law, plus religion and reproductive rights in the court.
Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected].
Podcast production by Sara Burningham.
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Predictive policing technology is spreading across the country, and Los Angeles is the epicenter. A small group of LA activists are in a lopsided campaign against billions of dollars in city, federal, and Silicon Valley money using algorithms to predict where and when the next crime is going to occur, and even who the perpetrators are going to be.
Today, AMICUS is here to introduce you to Hi-Phi Nation, a new podcast from Slate. In this episode, host Barry Lam embeds with the Stop LAPD Spying coalition for a week in Skid Row and investigates how state-of-the-art predictive policing programs work. He then talks to sociologists and philosophers about how big data is changing the relationship between police and the communities they serve. We then turn to the justice of using statistical predictions for the purposes of profiling and police intervention. This is part 1 of 2 on the use of statistical algorithms in criminal justice. Guest voices include the LAPD police commissioners, Hamid Khan, Jamie Garcia, Sarah Brayne, Flora Salim, and Renee Bolinger.
This episode is brought to you by Care/Of. For 50% off your first month of personalized Care/of vitamins, go to TakeCareOf.com and enter promo code HIPHI50 at check out.
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Dahlia Lithwick is joined by Sharon McGowan, legal director of Lambda Legal, to discuss how they’re fighting the trans ban following SCOTUS decision to lift the injunctions on the policy going into action. Also, Dahlia gets the latest on the Mueller investigation from Joyce White Vance, former US attorney in the Northern District of Alabama, including why Mueller didn’t charge Roger Stone with conspiracy.
Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected].
Podcast production by Sara Burningham.
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UPDATE: On the evening Friday January 18th, after production of this episode of Amicus had wrapped, special counsel spokesman Peter Carr issued the following statement: "BuzzFeed’s description of specific statements to the Special Counsel’s Office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s Congressional testimony are not accurate.” Ben Smith, editor-in-chief of Buzzfeed News says the publication stands by its reporting.
Dahlia Lithwick is joined by Asha Rangappa, a former FBI special agent specializing in counterintelligence investigations and now a senior lecturer at Yale University’s Jackson Institute for Global Affairs. Together, they unpack the counterintelligence angle of the Mueller probe.
Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected].
Podcast production by Sara Burningham.
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What would a national emergency look like, and why hasn't Trump declared one yet? Dahlia Lithwick has answers and joins What Next, Slate's new daily news podcast, Plus: Was it weird that Ruth Bader Ginsburg wasn't at work this week?
Tell us what you think by leaving a review on Apple Podcasts or sending an email to [email protected]. Follow us on Instagram for updates on the show.
Podcast production by Mary Wilson and Jayson De Leon. Subscribe to What Next on Apple Podcasts, or wherever you listen.
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Dahlia Lithwick is joined by Joan Biskupic, CNN legal analyst and author of the upcoming book The Chief: The Life and Turbulent Times of Chief Justice John Roberts, to unpack John Roberts’ State of the Judiciary address, and to examine the state of the Chief Justice.
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Before news of Justice Ruth Bader Ginsburg’s lung surgery broke, Dahlia Lithwick sat down for a revealing conversation with the screenwriter Daniel Stiepelman about the RBG biopic he penned, On The Basis of Sex. Stiepelman also happens to be Justice Ginsburg’s nephew, and this episode offers an insider’s view of the most well-known, but not always fully understood, justice on the court.
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Podcast production by Sara Burningham.
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*This week's show was recorded before Friday's filings concerning Paul Manafort and Michael Cohen, but the merits of the discussion stand. Mimi Rocah, a former federal prosecutor in the Southern District of New York, now a Criminal Justice Fellow at Pace Law School draws out the themes of the Mueller investigation. Plus Dahlia Lithwick is joined by Riyaz Kanji, an attorney for the Creek Nation, to explore the fascinating questions and disgraceful history involved in Carpenter v Murphy, a case argued by Kanji before the Supreme Court last week. The case started with a murder and now involves questions of sovereignty over 3 million acres in Oklahoma.
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Dahlia Lithwick is joined by Ted Boutrous, who represented CNN and Jim Acosta in their case against the White House. Jim Acosta’s “hard pass” or permanent press pass, was revoked by the Trump administration after Acosta clashed with the President at a November 7th news conference. Dahlia Lithwick and Ted Boutros examine questions of due process and free speech thrown up by the case.
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Dahlia Lithwick is joined by Neal Katyal, former acting Solicitor General under President Barack Obama and co-author of this op-ed in The New York Times. Also on Amicus this week, Dale Ho, director of the ACLU’s voting rights project on why their current litigation over the 2020 census is so crucial, and concerning.
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Dahlia Lithwick and her son Coby talk to Rabbi Chuck Diamond about the deadly shooting at the Tree of Life synagogue in Pittsburgh. Diamond was the rabbi at Tree of Life for seven years and originally met Dahlia when she was 10 years old. The three of them discuss the generosity of the Squirrel Hill community, the healing process over the past week, and how to talk to kids about the tragedy.
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Dahlia Lithwick talks with Slate’s own Mark Joseph Stern about what to look out for this term. Professor of law and political science at UC Irvine, Rick Hasen discusses how free and fair the midterm elections will be in light of recent Supreme Court rulings on voting rights.
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The courtroom can be a battlefield over money, people’s rights, and even their lives. For some cases, the consequences can affect us long after the verdict is read. Based on extensive interviews and court transcripts, Wondery’s new podcast LEGAL WARS puts you inside the jury box of some of the most famous court cases in American history. Subscribe to Legal Wars today at wondery.fm/amicus
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Dahlia Lithwick talks with Senator Jeff Merkley of Oregon about the “deep wounds” in the senate following Justice Kavanaugh’s confirmation. And she’s joined by Vox’s Matthew Yglesias who brings his nihilism about the institution of the Supreme Court to the show.
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In a special episode recorded live at Slate Day during Tribfest in Austin, Dahlia Lithwick is joined by Angela Onwuachi-Willig, Dean of Boston University Law School, Cristina Rodriguez, Leighton Homer Surbeck professor of law at Yale Law School, Stephen Vladeck, A. Dalton Cross professor of law at the University of Texas Law School and Adam White, director of the Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School for a deep dive on the fallout from the Kavanaugh hearings and the future of the Supreme Court absent a swing justice. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected].Podcast production by Sara Burningham.
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This week Dahlia Lithwick looks at freedom of the press through the lens of legal scholarship. Lithwick is joined by Professor Lisa Sun of Brigham Young University’s J. Reuben Clark Law School and RonNell Andersen Jones, the Lee E. Teitelbaum Chair & Professor of Law, S.J. Quinney College of Law, University of Utah Law School. Their article “Enemy Construction and the Press” was published in the Arizona State Law Journal last year.
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Join Dahlia Lithwick for a conversation on the Supreme Court with Angela Onwuachi-Willig, dean and professor of law at Boston University; Cristina Rodríguez, a professor of law at Yale University; Stephen Vladeck, professor of law at the University of Texas, and Adam White, director of the Center for the Study of Administration at George Mason University. Get your tickets here.
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In an intimate conversation, three educators who survived school shootings talk to Slate’s Dahlia Lithwick about the trauma of going back to the classroom.
For a transcript, visit Slate.com/TeacherPodcast
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Dahlia Lithwick is joined by Professor Melissa Murray of NYU Law School, who gave blistering testimony at the Kavanaugh confirmation hearings last week. They talk Roe v Wade, when precedent counts and when it doesn’t, and what the likely confirmation of Kavanaugh to the Supreme Courts means for reproductive rights writ large. Plus, Dahlia Lithwick shares highlights from an on-stage conversation between her and Justice Elena Kagan this past week, where they covered division in the court and in the country, how Chief Justice Roberts steers the court through choppy waters, and civility.
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Student activism is back in America’s schools. Young people mobilizing around gun safety and social justice issues are heading back to school. We talk to Mary Beth Tinker, who took her fight for the right to protest at school all the way to the Supreme Court back in 1969. And we hear from noted First Amendment scholar Geoffrey R. Stone of the University of Chicago Law School, who tells us what rights students have to raise their voices—or wear t-shirt slogans—in schools today.
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You Don’t Own Meis Orly Lobel’s fascinating examination of a landmark legal battle between plastic dolls. The Mattel v MGA, Barbie v Bratz case exposed questions about gender, culture and rights in the workplace. This episode of Amicus takes you inside a case involving corporate espionage, intellectual property, and icons of American girlhood.
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Amicus’ summer of exploring great legal writing continues this week with Jeff Rosen, whose biography of William Howard Taft reveals a president who was scrupulous in observing constitutional boundaries, and much happier on the bench than in the White House.
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In the first of a series of deep dives into great legal reads this summer, Dahlia Lithwick talks with Rick Hasen, author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption” about civil discourse, rock star justices, and what Justice Scalia would have thought of President Trump.
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This week Dahlia LIthwick talks with Sen. Sheldon Whitehouse, a Democratic senator from Rhode Island, about what we can expect over the next several months as Donald Trump nominates a new associate justice to the Supreme Court. He talks about why Democrats must care more about the Supreme Court, the danger of dark money, and the frustration of confirmation hearings.
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The Supreme Court’s 2017 term ended with some blockbuster opinions and, most dramatically, Justice Anthony Kennedy’s retirement announcement. On a special edition of Amicus, Dahlia Lithwick is joined by Slate legal writer Mark Joseph Stern and University of California, Irvine, law professor Leah Litman to discuss what it all means.
Yes, it's a Supreme Court Breakfast Table without a Breakfast Table!
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Dahlia Lithwick takes a close look at the two big voting rights cases decided by the Supreme Court earlier this week with Paul Smith who argued for the plaintiffs in the Wisconsin political gerrymander case Gill v. Whitford. On Monday, the court sent Gill back to the lower courts based on the theory that the plaintiffs had no standing. In the other case, Benisek v Lamone, which involved a Maryland gerrymander, the Justices delivered an unsigned opinion sending Benisek back saying it was too soon to decide. And we take a look at the implications of the court’s earlier decision on Ohio voter purges, a case that was also argued by Paul Smith.
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Dahlia Lithwick moderates a discussion of civil rights and legal norms in the Trump era with the ACLU’s David Cole, president and CEO of the Leadership Conference on Civil and Human Rights, Vanita Gupta, former White House chief ethics counsel under President George W Bush, Richard Painter, and former US attorney for the Northern District of Alabama, Joyce White Vance.
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An epic Amicus this week, with a thorough analysis of Masterpiece Cakeshop v Colorado Civil Rights Commission with Slate’s Mark Joseph Stern. What does is tell us about Justice Anthony Kennedy’s plans, and can it tell us anything about the travel ban case?
Then Dahlia Lithwick speaks with one of her heroes, the Rev. William Barber, about how progressives ceded the language of faith, morality, and the Constitution—and how they are reclaiming it.
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While President Trump demands an investigation into the investigators investigating the investigation, the clamour to impeach grows ever more fervent in some quarters. Dahlia Lithwick explores the legal and constitutional questions surrounding impeachment with constitutional scholar and Harvard Law Professor Laurence Tribe, co-author of To End a Presidency - The Power of Impeachment
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As the ripples from New York State Attorney General Eric Schneiderman’s resignation after allegations of violence against women continue, Massachusetts Attorney General Maura Healey joins Dahlia Lithwick to discuss the role of State Attorneys General and how that’s changing under Trump. Attorney General Healey also talks about fighting—and winning against—the gun lobby in court.
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This week Amicus takes you inside the chamber for a forensic discussion of the last, and possibly the most significant, oral arguments of this Supreme Court term. Dahlia Lithwick is joined by Josh Geltzer, executive director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center and former senior director for counterterrorism at the National Security Council.
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It seems as though a slow motion constitutional crisis may be upon us. In this episode of Amicus, Dahlia Lithwick is joined by Lawfare blog editor and senior fellow at the Brookings Institution, Ben Wittes, to assess the threats to the rule of law posed by presidential pique, and whether fired FBI director James Comey’s book could be used as a pretext for ending the Mueller probe.
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On this week’s show, Dahlia Lithwick is joined by Priscilla Smith, director of the Program for the Study of Reproductive Justice at Yale Law School, to unpack the oral arguments in NIFLA v Becerra, the latest case on the calendar that seems to be about one thing but is being argued under the all-encompassing umbrella of speech.
Dahlia also speaks with Walter Dellinger, former acting solicitor general, about why President Donald Trump can’t get a lawyer. Spoiler: It’s because he lies.
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This week Dahlia Lithwick calls on white-collar-crime specialist Jennifer Taub to follow the money in the Mueller investigation. She also speaks with Bob Bauer, a former White House counsel under President Barack Obama, about the relationship between presidents and their lawyers, and between this president and his lawyers. Bauer discusses when professional duty can stray into enabling, a question facing Trump’s personal and institutional lawyers as cases involving the president accumulate.
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On this week’s show, Dahlia Lithwick is joined by UCLA Law Professor Adam Winkler to talk about his new book We the Corporations: How American Businesses Won Their Civil Rights. Together, they also examine what the constitutionalizing of corporate rights can tell us about the current gun debate.
And Dahlia steps inside the chamber for oral arguments in the hugely significant public sector union case we previewed last show. She is joined by the Solicitor General of Illinois, David Franklin, who argued the case. There were explosive contributions from the justices on the bench, but notable silence from the court’s newest member, Justice Neil M Gorsuch.
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In this week’s episode, Professor Leah Litman joins Dahlia Lithwick to tune into Justice Ruth Bader Ginsburg’s comments on #MeToo and due process. And for a full background check on the sexy-sounding Janus v. AFSCME case, which potentially poses an existential threat to public sector unions, Dahlia is joined by Professor Catherine Fisk of the U.C. Berkeley School of Law, who wrote about the case for SCOTUSblog.
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This week the high court is on its winter break, but the team here at Amicus wanted to talk about DACA, the travel ban, and issues around immigrants, refugees, and the law. We talk Americanism. Who is American and how? What do the courts have to say about who can be here and who cannot? What role do the courts play in figuring out who belongs here and who doesn’t? To tackle these thorny and sometimes super-wonky questions, Dahlia Lithwick is joined by Stephen Vladeck who teaches law at the University of Texas. Vladeck’s teaching and research focus on federal jurisdiction, constitutional law, and national security law. He’s CNN's Supreme Court analyst, co-editor in-chief of the Just Security blog, and a senior contributor to the Lawfare blog.
Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.
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We’re inside the chamber for the high-profile case involving a death row inmate from Louisiana who’s asking for a new trial after his lawyer told the jury his client was guilty, despite the client’s insistence that he was innocent. Jay Schweikert, a policy analyst with the Cato Institute’s Project on Criminal Justice and co-author of an amicus brief filed in this case, joins Dahlia Lithwick to sift through the arguments and legal principles at play. Veteran Supreme Court reporter Linda Greenhouse talks about shifting positions from the solicitor General’s office, tees up a key case at the intersection of abortion and free speech that will be heard by the high court this term, and gives her take on the status of the truth in the courts and the country in the age of Trump.
Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.
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Sometimes the technical stuff is how you get to the crucial stuff. Next week, the Supreme Court will hear a case about Ohio’s voter purge, and the case rests on some sticky statutory interpretation questions. Up to 1.2 million voters may have been purged from Ohio’s rolls after they sat out a couple of elections and in this episode of Amicus, Dahlia Lithwick does a deep dive into the technicalities of the case. Dahlia and her guests also use this moment to take stock of the state of voting rights in the US. Dahlia talks with Mayor Joseph Helle of Oak Harbor, Ohio, a veteran who came home to find he’d been purged from the rolls after not voting while on active duty, and to the director of the ACLU’s Voting Rights Project, Dale Ho. Ho even cites his favorite Justice Antonin Scalia opinion.
Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.
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The cultural whirlwind of #MeToo has reached the judiciary, reluctantly bringing Dahlia Lithwick into the fray along with it. In a piece for Slate, she detailed her firsthand experiences with Judge Alex Kozinski. Dahlia’s was one of many accounts that that have now surfaced. Heid Bond was one of the first women prepared to go on the record. A former clerk to Judge Kozinski, she now writes romance novels under the name Courtney Milan. You can read Bond’s piece here and Judge Kozinski’s statement here. We speak with three of Kozinski’s accusers—Heidi Bond, Emily Murphy, and Leah Litman—and hear their ideas about what needs to change to allow women to work safely and successfully in a system often shrouded in secrecy. Then Dahlia is joined by Mark Joseph Stern for a run through the headline arguments and decisions from the Supreme Court in 2017 and a look ahead at what to expect in 2018.
Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to Slate.com/amicusplus.
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The Mueller investigation keeps keeping on as subtweets, speculation, and objections mount. Dahlia Lithwick speaks with Andrew Wright, a former associate counsel to President Barack Obama about the latest developments. Plus a deep dive into the oral arguments in the Masterpiece Cakeshop case with Roberta Kaplan, who successfully argued Edie Windsor’s case against the Defense of Marriage Act in 2013.
Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.
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Amicus presents a preview of Slow Burn, an eight-episode miniseries about Watergate.
People called her crazy, and to be fair she must have seemed crazy. But she was onto something. How Martha Mitchell, the celebrity wife of one of Nixon’s closest henchmen, tried to blow the whistle on Watergate—and ended up ruining her life.
Find out more at slate.com/slowburn.
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As the high court continues through its unprecedented session, Dahlia speaks with Adam Liptak who covers the Supreme Court for the New York Times and knows the ins and outs of the Masterpiece Cakeshop case. And he gives his insight on what a jaw-dropping brief from the Solicitor General's office means for relations between the Court and the Trump administration. Plus, a look into how the Supreme Court Justices seem to be the last grown-ups left in Washington.
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In the wake of another American mass shooting, Dahlia speaks with Adam Skaggs, Chief counsel at the Giffords Law Center to Prevent Gun Violence about the Second Amendment. And as this week marks the one year anniversary of Donald Trump’s election to office, Becca Heller, co-founder of the International Refugee Assistance Project, joins to talk about how her job changed after the election.
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Dahlia Lithwick speaks with Representative Jamie Raskin about the Republican remedy for Trump's unfitness for office: The 25th Amendment. Plus, she speaks with ProPublica's Ryan Gabrielson about his recent reporting which revealed that the high court tends to make staggering errors of fact in opinions.
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Dahlia is joined by Kristen Clarke, President & Executive Director of the National Lawyers’ Committee for Civil Rights Under Law to talk about the federal judiciary and how Donald Trump is speedily filling the vacancies on the federal bench.
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As next week marks the opening of the 2017 term at the high court, Dahlia Lithwick speaks with David Cole, legal director of the American Civil Liberties Union, about some of the cases in this upcoming term, including Trump's travel ban, a civil rights case of gay couples versus those of religious dissenters and more.
Cole also discusses how citizen activism is more alive than he's seen is his lifetime, something he illustrates in his new book, now out in paperback, Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law.
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When the Supreme Court term opens next month, perhaps no issue will be more urgent – and more complicated – than voting rights. One of the first cases the justices will hear is Gill v. Whitford, a challenge to the 2011 redrawing of district lines in Wisconsin. While the Court has struck down racially-motivated gerrymanders in the past, no election map has ever been rejected as a purely partisan gerrymander. And recent developments have some court watchers concerned that Justice Anthony Kennedy may still not be ready to do that. Our guest this episode is Richard Hasen, Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and curator of the must-read Election Law Blog.
Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected]. Podcast production by Tony Field.
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The Supreme Court’s 2016 term may not have contained the usual number of blockbuster cases, but it did have its fair share of drama. Between the stonewalling of Merrick Garland, the filibustered confirmation of Neil Gorsuch, rumors about Anthony Kennedy’s possible retirement, and in the background, the White House offensive against the federal judiciary, court-watchers had no shortage of things to keep them up at night.
And so this week on Amicus, we pour a couple of our favorite court-watchers a big cup of coffee and plop some microphones down at Slate’s annual “Breakfast Table.” Mark Joseph Stern and Pamela Karlan join us to discuss what we learned about the justices this term and what we can expect from them in the fall.
Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app.
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In his much-anticipated testimony on Capitol Hill this week, former FBI Director James Comey described several uncomfortable interactions with President Trump that preceded his firing. The big question for all watching was: could any of those interactions be considered “obstruction of justice?” On this week’s episode, we put the question to Stanford Law School Professor Robert Weisberg.
We also discuss the ongoing litigation around President Trump’s executive order on immigration with Kate Shaw, an associate professor at the Cardozo School of Law and a Supreme Court analyst for ABC News. Shaw is the author of a new article in the Texas Law Review that considers what sorts of presidential speech is and isn’t admissible in a court of law. [Read Shaw’s recent New York Times op-ed on the subject here.]
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This week, the Supreme Court handed down a decision that caught some Court-watchers off-guard. It ruled that North Carolina lawmakers had violated the Constitution by using race as a proxy for divvying up voters along partisan lines. And it was surprising because the swing vote invalidating the gerrymander came from none other than Justice Clarence Thomas. On this week’s episode, we parse the outcome of Cooper v. Harris -- and what it portends for future redistricting litigation -- with Slate legal writer Mark Joseph Stern.
We also sit down with Jorge Barón, executive director of the Northwest Immigrant Rights Project. Each year, that group provides assistance to thousands of immigrants threatened with deportation. But last month, the NWIRP received a strange cease-and-desist letter from the U.S. Department of Justice, threatening its ongoing legal work and raising some concerns that the group is being singled out for its defense of immigrants caught up in the first iteration of President Trump’s travel ban.
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In the wake of the unceremonious termination of FBI director James Comey this week, one previously unfamiliar name has dominated the news cycle: Rod J. Rosenstein. The former federal prosecutor became the U.S. Deputy Attorney General just over two weeks ago, and since then, has found himself at the center of storm around President Trump’s most high-profile firing to date. Leon Neyfakh has been covering Rosenstein for the past few weeks, and joins us to talk about whether anyone at the Department of Justice can remain neutral in these polarized times.
We also speak with University of Virginia School of Law professor Micah Schwartzman about this week’s oral arguments in one of the lawsuits challenging President Trump’s revised travel ban. Schwartzman is among a group of constitutional law scholars who filed an amicus brief arguing that the executive order violates the Constitution’s Establishment Clause.
Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected].
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The Supreme Court has slowed Arkansas’ unprecedented rush to execute eight men in 11 days, pending a decision in McWilliams v. Dunn. At issue in the case is whether James McWilliams, an indigent defendant whose mental health was a significant factor at his capital trial, was entitled to an independent psychological expert to testify on his behalf. We discuss the case with Stephen Bright, longtime president of the Southern Center for Human Rights, who represented McWilliams at this week’s oral arguments.
We also sit down with Norm Eisen, co-founder of Citizens for Responsibility and Ethics in Washington (CREW), to discuss the ongoing anti-corruption litigation against President Trump. Last week, CREW added two new plaintiffs to its lawsuit, which alleges that Trump’s business interests put him in violation of the Constitution’s Foreign and Domestic Emoluments Clauses. Eisen reflects on the ethical issues of the Trump Administration’s first 100 days, why the president’s tax returns still matter, and what he believes is the single most concerning ethics violation of the new commander-in-chief.
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Newly sworn-in Justice Neil Gorsuch gets his first chance to make his mark on the Court at this week’s oral arguments for Trinity Lutheran v. Comer. The important case asks whether the First Amendment’s Free Exercise Clause compels the state of Missouri to provide public grant money directly to a church. Holly Hollman, general counsel for the Baptist Joint Committee for Religious Liberty, joins us to discuss BJC’s amicus brief in the case, which argues that religious institutions are actually freer if they are barred from accepting government funds.
We also sit down with Jeffrey Toobin, whose piece in this week’s The New Yorker examines the enormous influence that the Federalist Society – and especially its executive vice president Leonard Leo – have on the American judiciary. Toobin argues that with the ascension of Neil Gorsuch to the Supreme Court, Leo can now be credited with the selection of one-third of the nation’s most powerful judges.
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In 1985, eight men were convicted of the grisly murder of a Washington D.C. woman. After spending decades in prison, they learned from an article in the Washington Post that prosecutors had withheld evidence from trial that could have exculpated them. This week, the Supreme Court delved back into the details of the 30-plus year old murder case and considered whether the case should be reopened. Former defense lawyer Thomas Dybdahl is writing a book about the murder and its aftermath, and joins us to discuss Turner v. USand Overton v. US.
We also speak with legal scholar Lori Ringhand, who literally wrote the book on Supreme Court confirmation hearings. She reflects on some of the ways the process has evolved over the years, whether the so-called “Ginsburg rule” is appropriately named, and what purpose these hearings actually serve.
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This week, the Senate held four days of hearings on the nomination of Judge Neil Gorsuch to the vacant seat on the Supreme Court. What did we learn about Gorsuch from his 20-odd hours in the hot seat? Did the Democrats gain anything of value from the testimony? Did Gorsuch say anything of substance? And, in the end, will the hearings even matter? In this bonus episode, we reflect on the hearings with veteran political operative Ron Klain and Slate’s own Mark Joseph Stern.
Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app.
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After a successful blockade of President Obama’s Supreme Court nominee, the GOP-led Senate will convene hearings this week on President Trump’s pick for the Court’s year-old vacancy. Considering all that has happened in the past year, how should Democrats handle the proceedings? On this week’s episode, we put that question to U.S. Senator Sheldon Whitehouse (D-RI), a member of the Senate Judiciary Committee.
We also sit down with veteran journalist Tom Rosenstiel to discuss his debut novel Shining City, a timely thriller about the inner-workings of a controversial Supreme Court nomination. Tom describes how his decades of political reporting informed the book, and reflects on some of the parallels between reality and fiction.
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On Monday, the Department of Justice announced an abrupt about-face on voting rights, essentially walking away from a lawsuit against a harsh voter-ID law in Texas. We discuss the reversal and its implications with Janai Nelson of the NAACP Legal Defense and Educational Fund. She was one of the lawyers in the strange position of arguing the case in court this week, the day after the DOJ reversed course.
We also sit down with Jeffrey Fisher, who argued an important immigration-related case at the Supreme Court his week. Esquivel-Quintana v. Sessions asks whether a legal immigrant can be deported for something that counts as a serious crime in some states, but not others. It also previews a question likely to play a big role in Neil Gorsuch’s confirmation hearings: how much deference courts should give federal agencies when interpreting the meaning of laws.
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In 2010, a Mexican teenager in Juarez was shot to death by a Border Patrol agent on the U.S. side of the border. In Hernandez v. Mesa, set for argument next week, the Supreme Court will determine whether the boy’s parents can sue the agent in U.S. courts. We are joined by Deepak Gupta, the family’s attorney, to discuss the case and its potential implications on American intelligence activities abroad.
We also sit down with Virginia Attorney General Mark Herring to discuss this week’s ruling by a federal judge in one of the lawsuits challenging President Trump’s travel ban. Herring explains why Virginia joined the plaintiffs in that suit, and what the role of state attorneys general will be in the next four years of the Trump era.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
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A little more than a week after President Trump announced his ban on travel from a handful of majority-Muslim nations, the U.S. Court of Appeals for the Ninth Circuit this week refused to lift a temporary restraining order blocking enforcement of the new rule. This week, Dahlia sits down with fellow Slate legal writers Mark Joseph Stern and Jeremy Stahl for a special off-week episode to discuss the ruling and its implications.
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In an elaborately choreographed prime-time ceremony this week, President Trump tapped Judge Neil Gorsuch for the Supreme Court seat that has been vacant for almost a year. We sit down with the Constitutional Accountability Center’s Elizabeth Wydra to examine Judge Gorsuch’s judicial record, whether he really is “Scalia 2.0,” and the difficult choices confronting Senate Democrats in the wake of this nomination.
We also consider the ramifications of reports that some U.S. Customs and Border Protection agents are defying federal court orders around Trump’s new travel restrictions. Slate staffers Mark Joseph Stern and Leon Neyfakh tell us what they learned from constitutional law scholars about the possibility of a standoff between two branches of the federal government. (Read our Slate piece on the subject here.)
Finally, we zero in on one of the many lawsuits filed this week against Trump’s executive order. Aziz v. Trump centers on a pair of young men who were en route to join their father in Michigan when the order was issued, and wound up being deported to Ethiopia upon their arrival at Dulles International Airport. We’re joined by the Legal Aid Justice Center’s Simon Sandoval-Moshenberg, one of the lawyers representing the plaintiffs in the case.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
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Can a group of wrongfully-detained noncitizens sue high-ranking Bush Administration officials for violating their rights in the days following 9/11? That’s the central question in Ziglar v Abbasi, which was argued this week at the Supreme Court. On today’s episode, we hear from Rachel Meeropol of the Center for Constitutional Rights, who represented the former detainees.
We also consider Lee v. Tam, another big case argued at the high court on Wednesday. It centers on a trademark claim by the Asian-American dance-rock band The Slants. That claim was denied on the grounds that the name was disparaging towards “persons of Asian descent.” Simon Tam joins us to tell the story of his band’s name, and to make the case that the government isn’t equipped to be deciding who is and isn’t using language disparagingly.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
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In the lead-up to November’s presidential election, Donald Trump released a list of 21 potential Supreme Court nominees in what many saw as an effort to mollify conservatives who tend to worry about these sorts of things. Now, that list has reportedly been narrowed to eight. On this episode, we sit down with William Jay, a former clerk to Justice Antonin Scalia, to discuss Scalia’s possible successors.
We also speak with Jack Robinson, a lawyer for the special-needs student at the center of Endrew F. v Douglas City School District. The case is scheduled for argument at the Supreme Court next week, and Robinson explains why special-education advocates are watching the case so closely.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
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“[N]o person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” These words, from Article I of the U.S. Constitution, make it unambiguously clear to many legal scholars that Donald Trump will be committing an impeachable offense by not relinquishing an ownership stake in his multiple companies before Jan 20. Zephyr Teachout is among those scholars, and joins us to explain why corruption in the presidency was such anathema to the nation’s founders.
In the remainder of today’s episode, we share a few highlights from a recent symposium about the current state of free speech on campus. The event was organized by the Thomas Jefferson Center for the Protection of Free Expression. You can watch videos of the entire two-day event here.
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Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus.
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On Monday, the Supreme Court heard arguments in McCrory v. Harris and Bethune-Hill v. Virginia Board of Elections, two challenges to Republican gerrymandering efforts that resulted in the creation of majority-minority voting districts. At issue is whether lawmakers in Virginia and North Carolina were motivated primarily by racial considerations or only secondarily so. Marc Elias, the lawyer who represented the challengers in both cases, joins us to explain why the distinction is so critical.
We also consider the revolt that’s underway in the Electoral College. A small group of electors calling themselves the Hamilton Electors are seeking to be unbound from state requirements that they vote as their state voted. Legal scholar Carolyn Shapiro explains why she believes the Hamilton Electors should be taken seriously.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, the staff takes the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus.
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Just a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the Constitution. The past few weeks have brought talk of Muslim registries, jail time for flag burners, restrictions on voting and the sweet mystery of the Emoluments Clause. This week, we sit down with U.S. Senator Chris Coons to discuss how much of this talk we should take seriously, and where the true threats to Americans’ constitutional protections lie.
We also speak with Neal Katyal, former Acting Solicitor General of the United States, about the 1944 Supreme Court decision that upheld the internment of Japanese-Americans. In 2011, Katyal issued an official apology for the role of one of his predecessors in that case. Korematsu v United Stateshas been in the news again recently, after one Trump surrogate cited it as a “precedent” for a possible Trump Administration program that would require the registration of immigrants from a handful of predominantly Muslim countries.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them.
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In the days leading up to Election Day, conservative legal scholar Orin Kerr explained why he would be crossing the aisle to vote for a Democrat. On this episode, he tells us why the prospect of a President Trump frightened him so much, and what we can expect in the way of checks and balances on executive power for the next four years.
We also speak with Garrett Epps, who wrote in The Atlantic this week that Trump is “a figure out of authoritarian politics, not the American tradition.” Epps observes that Trump has expressed contempt for nearly every article in the Bill of Rights, and deserves to be taken at his word.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them.
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In the wake of the Supreme Court’s 2013 decision in Shelby County v Holder, many states made changes to their voting laws that may disproportionately harm minorities. This week, lawyers in Ohio filed an emergency motion with the Supreme Court requesting a suspension of voting restrictions in their state. One of those lawyers, Subodh Chandra, joins us to explain why.
We also speak with Wendy Weiser, director of the Democracy Program at the Brennan Center for Justice, about the potential impact of Donald Trump’s recent warnings about vote-rigging. She explains why long-term neglect of our voting infrastructure is a much bigger threat than either vote tampering or self-styled poll watchers.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.
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After President Obama nominated Merrick Garland to the Supreme Court in March, there was widespread speculation that opposing his confirmation hearings could have political costs for Republican senators. But seven months later, it’s not clear how much the GOP’s continued obstructionism will matter to voters next month. On this episode, we discuss Obama’s handling of the Supreme Court vacancy with White House Counsel Neil Eggleston and Brian Deese, Senior Adviser to the President.
We also take a closer look at Peña Rodriguez v. Colorado, an important case about jury bias that was argued at the Supreme Court this week. Jeffrey Fisher, who represented the petitioner, joins us to explain why blatantly racist comments uttered by a juror in a criminal trial should invalidate that trial’s verdict.
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The 2016 Supreme Court term gets underway next week, but don’t get too excited. Eager to avoid any more 4-4 split decisions, the eight remaining justices have cobbled together a caseload that steers clear of the big social questions that defined the court’s past two terms. SCOTUSblog founder and publisher Tom Goldstein joins us for our annual survey of what’s ahead.
We also speak with former federal judge Shira Scheindlin. In 2013, she ruled that stop-and-frisk tactics were being used unconstitutionally by the NYPD. Because of that ruling, she was accused this week by Donald Trump of being “very against police.”
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We kick off a brand new season of our podcast with an episode devoted to the member of the Supreme Court bench who has garnered by far the most headlines since our last episode. That’s right, it’s the slavish fangirl edition of Amicus, in which we cave to the pressure of our listeners and fête the woman who had the temerity to call Donald Trump a “faker” this past July. Joining us to discuss the cultural phenomenon that is Justice Ruth Bader Ginsburg is MSNBC national reporter Irin Carmon, co-author of the bestselling biography Notorious RBG: The Life and Times of Ruth Bader Ginsburg. We also hear from Cooper Sirwatka, a New York attorney and proud wearer of a full-color RBG tattoo.
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On Monday, the Supreme Court invalidated two provisions of Texas’ omnibus abortion law known as HB2. The 5-3 decision in Whole Woman’s Health v. Hellerstedt was a big win for abortion rights advocates, many of whom expected things to turn out the other way. On today’s show, we speak with Amy Hagstrom Miller, founder and CEO of the abortion provider that challenged the Texas law. We also sit down with Slate’s own Mark Joseph Stern to recap the highlights – and lowlights – of one a Supreme Court term that was chock-full of unexpected twists and turns.
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Marriage equality. Voting Rights. Obamacare. These are among the many enormously consequential causes that have fallen to Donald Verrilli to defend at the Supreme Court over the past five years. On this week’s episode, he looks back on some of the highlights – and lowlights – of his term as U.S. Solicitor General. We’re also joined by Sherrilyn Ifill, President of the NAACP Legal Defense Fund, to discuss this week’s big affirmative action win at the Supreme Court. Many court-watchers were surprised by Justice Anthony Kennedy’s vote in Fisher v University of Texas, but not Ifill. She tells us why. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. Right now, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is [email protected].
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Much of the legal world’s attention was focused this week on Donald Trump’s attacks on Gonzalo Curiel, the federal judge presiding over the Trump University fraud cases in California. The outrage centered on Trump’s insistence that the fact of Curiel’s Mexican ancestry should disqualify him from the case, considering Trump’s declared intent to build a border wall. We discuss Trump’s stance – and its historical antecedents – with Deborah Rhode, founding director of Stanford University’s Center on Ethics. And we sit down with Jeffrey Rosen to talk about the far-reaching legal mind of Justice Louis Brandeis, confirmed to the Supreme Court 100 years ago this month. Rosen is the author of the new book Louis D. Brandeis: An American Prophet. Transcripts of Amicus are available to Slate Plus members. Sign up for a free Slate Plus trial here.
Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. Right now, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus.
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Despite many appearances to the contrary, Supreme Court Justice Stephen Breyer this week told an interviewer that the Court has not been diminished by the Senate’s inability to fill its empty seat. On this episode, Dahlia considers that claim with The Atlantic’s Garrett Epps. She is also joined by legal scholar Jonathan Adler, who weighs in on Donald Trump’s recently released shortlist of potential Supreme Court nominees. Adler counts himself among the conservatives who are deeply troubled by the prospect of Trump’s impact on the judiciary were he to be elected president.
You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
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Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus.
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Dahlia sits down with Tony Mauro of the National Law Journal to listen to highlights from the Supreme Court’s 2015 term. And she speaks with Politico’s Josh Gerstein about recent non-developments in the non-confirmation of SCOTUS nominee Merrick Garland.
You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
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Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus.
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This week, the Supreme Court heard arguments in McDonnell v. United States, an appeal of the 2014 corruption conviction of Virginia’s former governor. The facts of the
case read a bit like a reality show, with Gov. Bob McDonnell and his wife affording access to a wealthy businessman in exchange for Rolex watches, fancy ball gowns and expensive golf clubs. But on this episode of the podcast, former federal judge Nancy Gertner argues that prosecutors interpreted an anti-corruption law too broadly. (Gertner co-authored an amicus brief in support of McDonnell – you can read it here.)
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Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream The Modern Political Tradition: Hobbes to Habermas—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus.
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Dahlia previews United States v. Texas – this week’s big immigration case – with Brianne Gorod of the Constitutional Accountability Center. She also hears from Sen. Al Franken about the latest in the standoff over Obama’s SCOTUS nominee, Merrick Garland.
You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
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Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream The Modern Political Tradition: Hobbes to Habermas—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. And by “Confirmation,” the new HBO film that details the explosive 1991 Supreme Court nomination hearings of Clarence Thomas. Confirmation premieres at 8 p.m. tonight, April 16th, on HBO.
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More than two weeks have passed since President Obama tapped Merrick Garland to fill Antonin Scalia’s vacant seat on the Supreme Court. But while their rationale has shifted somewhat, Senate Republican leaders remain as firm as ever in their refusal to hold confirmation hearings for the nominee. On this week’s episode, University of Chicago Law School professor Geoffrey R. Stone joins us to explain why the GOP’s intransigence is so threatening to the core institutions of federal government.
You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
Please let us know what you think of Amicus. Our email is [email protected].
Amicus is sponsored by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access to the entire Great Courses Plus library—for one whole month for free—by visiting TheGreatCoursesPlus.com/amicus.
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This week, the Supreme Court heard arguments in Zubik v Burwell, the latest challenge to the Affordable Care Act. This time, a group of religious non-profits are challenging the government’s accommodation for employers who don’t want to have anything to do with providing birth control to their workers. Dahlia speaks with Paul Clement, who argued the case for the plaintiffs, and Walter Dellinger, who supports the government's position.
You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
Please let us know what you think of Amicus. Our email is [email protected].
This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology.
Amicus is sponsored by Amazon. Detective Harry Bosch is back on the new season of Amazon’s Original Series Bosch, based on the best selling novels by Michael Connelly. Stream the new season now on Amazon Prime Video.
And by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access to the entire Great Courses Plus library—for one whole month for free—by visiting TheGreatCoursesPlus.com/amicus.
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It was a big week at SCOTUS, as a newly-balanced Court turned to Whole Woman’s Health v. Hellerstedt, its first abortion case in nine years. We discuss the case with legal scholar Pamela Karlan and listen to some highlights from oral arguments.
Amicus is sponsored by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a
100-day period. And get 50 dollars toward any mattress purchase by visiting
Casper.com/amicus and using the promo code AMICUS.
And by Amazon. Detective Harry Bosch is back on the new season of Amazon’s Original Series Bosch, based on the best selling novels by Michael Connelly. Stream the new season on March 11th on Amazon Prime Video.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
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A week after the death of Justice Antonin Scalia, his former clerk Rachel Barkow shares fond memories of a mentor with whom she didn’t always agree politically. And legal scholar Akhil Reed Amar explains why Scalia didn’t always remain true to his originalist principles.
You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
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The sudden death on Supreme Court Justice Antonin Scalia on Saturday has unleashed huge shockwaves in both the presidential race and the legal community. Luckily, Slate has podcasts covering both areas. In this special joint episode, Amicus host Dahlia Lithwick joins Political Gabfest panelists Emily Bazelon and David Plotz to look at all the possible repercussions of Scalia’s death.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is [email protected].
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On this episode, Dahlia asks why the Supreme Court has been almost absent as a campaign issue, despite the fact that the next president could have the opportunity to reshape the Court’s bench. She is joined by UC-Irvine law professor Erwin Chemerinsky.
Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive
member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is [email protected]. Podcast production by Tony Field.
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In Heffernan v City of Paterson, the Supreme Court must decide whether a government worker can be punished for a political belief his employers attribute to him – rightly or wrongly. This week, Dahlia speaks with lawyers on both sides of the topsy-turvy case.
Please let us know what you think of Amicus. Our email is [email protected].
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Amicus is sponsored by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a 100-day period. Get $50 toward any mattress purchase by visiting Casper.com/amicus and using the promo code AMICUS.
Podcast production by Tony Field.
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This week, the Supreme Court will hear a case that could undercut the ability of public sector unions to raise money. Dahlia is joined by Cato
Institute’s Ilya Shapiro and U. of Michigan’s Sam Bagenstos, who submitted briefs on opposite sides of the case.
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Dahlia speaks with attorney Mary Kathryn Nagle about Dollar General Corporation v.
Mississippi Band of Choctaw Indians, a major Native American rights case argued at the Supreme Court earlier this month.
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What is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at the Supreme Court. On this episode, Dahlia speaks with Andrew Grossman and Nathaniel Persily -- experts on opposing sides of the case. She also plays a few highlights from the week’s big affirmative action case, Fisher v University of Texas at Austin.
Please let us know what you think of Amicus. Our email is [email protected].
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Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—"Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80 percent off the original price if you visit TheGreatCourses.com/amicus.
Podcast production by Tony Field.
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A half-century after Brown v. Board of Education, should the Supreme Court still be in the business of integrating public schools and universities? Dahlia sits down with University of Virginia legal historian Risa Golubuff to discuss the backdrop to the term’s big affirmative action case, Fisher v University of Texas.
Please let us know what you think of Amicus. Our email is [email protected].
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This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Amicus is sponsored by MileIQ. If you’re one of the 60 million Americans who drive for work then you know that your miles are your dollars. Every mile you don’t log is money that you are losing. MileIQ is the only mileage-tracker app that detects, logs, and
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Dahlia speaks with Carter Phillips, the lawyer who represented Tyson Foods at the Supreme Court this week in Tyson's attempt to dismiss a class action suit by its workers. She also considers the love-hate relationship between presidential hopefuls and the high court. Please let us know what you think of Amicus. Our email is [email protected] to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off the original price if you visit TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down the big headlines for the local threads that tie them all together. It’s the Rachel Maddow Show … covering America one story at time. Weeknights at 9 Eastern only on MSNBC.Podcast production by Tony Field.
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Dahlia previews Foster v. Chatman, a Supreme Court appeal that contends with the problem of racial bias in the process of jury selection. Her guests include Stephen Bright, president of the Southern Center for Human Rights; and Glenn Ivey, a former prosecutor who has joined an amicus brief in support of the man at the center of Foster. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off the original price if you visit TheGreatCourses.com/amicus. And by MileIQ. If you’re one of the 60 million Americans who drive for work then you know that your miles are your dollars. Every mile you don’t log is money that you are losing. MileIQ is the only mileage-tracker app that detects, logs, and calculates your miles for you, ensuring that every mile is accounted for and no dollar is lost. Try MileIQ for free today by texting AMICUS to 31996. Podcast production by Tony Field.
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Dahlia speaks with law professor Robert J. Smith about Montgomery v. Louisiana, a Supreme Court case that focuses on a man who has served 53 years in prison for a murder he committed as a juvenile. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down the big headlines for the local threads that tie them all together. It’s the Rachel Maddow Show … covering America one story at time. Weeknights at 9 Eastern only on MSNBC.
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As serious questions about lethal injection protocols continue to swirl, Dahlia speaks with The Marshall Project’s Andrew Cohen about where the Supreme Court currently stands on the constitutionality of the death penalty. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a one hundred day period. Right now, get 50 dollars toward any mattress by visiting Casper.com/amicus and using the promo code AMICUS. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology.
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Dahlia sits down with the LA Times’ David Savage to consider three of the big cases on the SCOTUS docket this fall -- and whether liberals are right to be worried about the outcomes of those cases. *********** Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like "Cycles of American Political Thought." Right now, get up to 80 percent off the original price when you visit TheGreatCourses.com/AMICUS.And by LegalZoom—a way for regular people to confidently navigate the legal system. If you need help with Incorporation, Trademarks, Last Wills, Living Trusts, and more, then don't let legal hurdles become an excuse. Go to LegalZoom.com today and enter AMICUS in the referral box for additional savings. And by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a one hundred day period. Right now, get 50 dollars toward any mattress by visiting Casper.com/amicus and using the promo code AMICUS.Please let us know what you think of our legal affairs podcast. Our email is [email protected] production by Tony Field.
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Dahlia sits down with Linda Hirshman, author of Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World. Hirshman recounts the two women’s rise to the SCOTUS bench and reflects on the impact they’ve had.**************Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus. Consider signing up today -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today. Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like "Cycles of American Political Thought." Right now, get up to 80 percent off the original price when you visit TheGreatCourses.com/AMICUS.And by LegalZoom—a way for regular people to confidently navigate the legal system. If you need help with Incorporation, Trademarks, Last Wills, Living Trusts, and more, then don't let legal hurdles become an excuse. Go to LegalZoom.com today and enter AMICUS in the referral box for additional savings. And by FreshBooks, the super-simple invoicing solution designed to help lawyers, consultants, and freelancers be organized, save time, and get paid faster. Creating and sending invoices, managing your expenses, and tracking your billable hours is about to get a lot easier. Go to FreshBooks.com/AMICUS for your free 30-day trial. Please let us know what you think of our legal affairs podcast. Our email is [email protected] production by Tony Field.
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To mark the 50th anniversary of the Voting Rights Act, Dahlia sits down with The Nation’s Ari Berman to discuss the decades-long campaign to roll back the achievements of the landmark 1965 legislation. ************************* Please let us know what you think of our legal affairs podcast. Our email is [email protected]. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like a series on "Cycles of American Political Thought.” Right now, get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. And by FreshBooks, the super-simple invoicing solution made to help lawyers, consultants and freelancers get organized, save time and get paid faster. Creating and sending invoices, managing your expenses and tracking your billable hours is about to get a lot easier. Go to FreshBooks.com/Amicus for your free 30-day trial. And by Audible, offering more than 180,000 audiobooks and spoken-word audio products. Get a free audiobook of your choice at audible.com/amicus.
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Dahlia sits down with three fellow SCOTUS-watchers — Kenji Yoshino, Mark Joseph Stern, and Christian Turner — to reflect on the just-completed term and how it will go down in history. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Amicus is sponsored by The Great Courses, offering engaging audio video lectures like “The Great Debate: Advocates and Opponents of the American Constitution." Get up to get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. We’re also sponsored by FreshBooks, the super-simple invoicing solution made to help lawyers, consultants and freelancers get organized, save time and get paid faster. For your free 30-day trial, go to FreshBooks.com/Amicus. Podcast production by Tony Field.
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With the ink barely dry on two momentous Supreme Court decisions affecting marriage equality and health care, Dahlia discusses the history, high points, and likely impact of those decisions with Walter Dellinger, professor of law at Duke University, a Slate contributor, and the former head of the Office of Legal Counsel from 1993 to 1996. First, Dahlia and Walter reflect on Friday's 5-4 decision in Obergefell v. Hodges, which ruled that same-sex marriage bans are unconstitutional. Next, they talk about Thursday's 6-3 decision in King v. Burwell, which supported the Affordable Care Act's subsidies for poor and middle class people. Please let us know what you think of our podcast – and your ideas for our shows during the summer recess. Our email is [email protected]. Amicus is sponsored by The Great Courses, offering engaging audio video lectures like “The Great Debate: Advocates and Opponents of the American Constitution." Get up to get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. Transcripts of Amicus are available to Slate Plus members. Consider signing up today at slate.com/podcastplus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. (Note: After a new episode is posted, its transcript may take several days to appear on our show page.) Podcast production by Joel Meyer.
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Dahlia is joined by The Atlantic’s Garrett Epps to parse the latest batch of 5-4 decisions from SCOTUS. They included rulings on immigration, free speech, and the death penalty, and involved some strange alliances among the Justices. *************************Want a transcript of this week’s episode? They’re all available to members of Slate Plus. Consider signing up today -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Amicus is sponsored by The Great Courses, offering engaging audio video lectures like “The Great Debate: Advocates and Opponents of the American Constitution." Get up to get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. We’re also sponsored by FreshBooks, the super-simple invoicing solution made to help lawyers, consultants and freelancers get organized, save time and get paid faster. For your free 30-day trial, go to FreshBooks.com/Amicus. This week’s excerpt from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Podcast production by Tony Field.
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This week, Dahlia speaks with a former clerk to Justice Clarence Thomas about the strong stances that Thomas has been taking recently. And she asks what’s at stake in a big challenge to “One Person One Vote” that SCOTUS will take up next term. Please let us know what you think of Amicus. Our email is [email protected] to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus. Consider signing up today -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Our sponsor this week is The Great Courses, offering audio video lectures like "The First Amendment and You: What Everyone Should Know." Get up to get up to 80 percent off the original price when you visit . We’re also sponsored by FreshBooks. For your free 30-day trial, go to , and use the promo code Amicus. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology.
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On today’s episode, Dahlia takes stock of the big whammy decisions just around the corner at the Supreme Court, and considers a few of the major abortion cases that could be following shortly on their heels.Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected]. This week’s episode was sponsored by The Great Courses. Get up to 80% off the original price of their eight most popular courses when you visit thegreatcourses.com/amicus. Subscribe to our podcast here.Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.
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This week we learned that Natalie Portman will play a young Ruth Bader Ginsburg in a new film about the Supreme Court Justice. On this episode, Dahlia and her guests consider the recent explosion of Court-related dramatizations on the stage and screen. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected] Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at .
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This week, we take you inside the courtroom for the recent gay marriage case at the Supreme Court. Dahlia listens to highlights of oral arguments with Douglas Hallward-Driemeier, one of the lawyers who represented same-sex couples in the historic case. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected]. Our archives, which include discussions of other big cases recently decided by the Court, can be found at slate.com/amicus. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at slate.com/podcastplus.
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In anticipation of big decisions on marriage equality and Obamacare, many are talking about the balance of political power on the Supreme Court. Dahlia Lithwick speaks with two court watchers about the extent to which the Justices are political actors. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected] to our podcast here: https://itunes.apple.com/us/podcast/slates-amicus-dahlia-lithwick/id928790786?mt=2#Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at [http://slate.me/1ENza1a].
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On April 28, the Supreme Court will finally take up the constitutionality of same-sex marriage bans. Dahlia Lithwick previews the cases with Paul Smith, the lawyer involved in the 2003 gay rights case that helped set the stage for this historic event. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected]. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at http://slate.me/1ENza1a
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How should the EPA weigh costs when regulating toxic emissions? Dahlia Lithwick speaks with lawyers on both sides of a Supreme Court case posing that question. And she reviews the highlights of a case testing the limits of free speech on license plates. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at http://slate.com/podcast.plus
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Seven years after ruling that detainees at Guantanamo Bay were entitled to the protections of the U.S. Constitution, the Supreme Court seems to have turned its back on the remaining detainees there. On this week’s episode, we ask why.This week’s episode is sponsored by HBO. Its documentary series “The Jinx: The Life and Deaths of Robert Durst” airs Sundays at 8.Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Please let us know what you think of Amicus, our legal affairs podcast. Our email is .
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As the Supreme Court prepares to hear arguments in the latest challenge to the Affordable Care Act -- King v. Burwell -- Dahlia Lithwick hears from experts on both sides of what could be the most important case in the Court’s entire term. First, she speaks with Jonathan Adler, a law professor at Case Western Reserve University and a one of the lawsuit’s chief architects. Then she hears from Abbe Gluck, a professor at Yale Law School and a co-author of an amicus brief submitted in the case. ************** This week’s episode is sponsored by HBO. Its new documentary series “The Jinx: The Life and Deaths of Robert Durst” airs Sundays at 8. We’re also sponsored by the Great Courses. Save up to 80% off their most bestselling courses here.
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As the Supreme Court prepares to revisit the constitutionality of lethal injection, Dahlia Lithwick speaks with two experts about the controversial drugs being used for execution and whether the capital punishment system can be repaired. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. More information on our show page. Please take a couple of minutes to Slate's podcast listener survey! Tell us about yourself and your favorite podcasts, so that Slate can serve you better. Go to slate.com/survey. This week’s episode is sponsored by The Great Courses. Save up to 80 percent off their most bestselling courses when you visit thegreatcourses.com/amicus. We’re also sponsored by HBO. Its new documentary series “The Jinx: The Life and Deaths of Robert Durst” airs Sundays at 8 on HBO, starting this Sunday, Feb. 8.
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Dahlia Lithwick speaks with Sonja West and RonNell Andersen Jones, two Supreme Court experts who don’t buy the justices’ arguments against allowing cameras in the courtroom. Help us make our podcasts even better! Take Slate's listener survey at to slate.com/survey
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Dahlia Lithwick talks to Andrew Pincus, the lawyer who brought a Supreme Court challenge this week to a law banning fundraising by judicial candidates. And she hears from the NAACP’s Sherrilyn Ifill on the latest challenge to the Fair Housing Act.
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Dahlia Lithwick talks to Joan Biskupic, the author of a new Reuters study about the elite "one-percent" group of lawyers who bring most of the cases at the Supreme Court. She also hears from two of these super-lawyers -- Tom Goldstein and Paul Clement.
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Dahlia Lithwick talks to rap music scholar Charis Kubrin about Elonis v. U.S., and about how courts are using rap lyrics in criminal proceedings. She also hears from Sam Bagenstos, who argued this week’s pregnancy discrimination case Young v. United Parcel Service.
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With an execution looming, Dahlia Lithwick revisits Panetti v. Quarterman, a case involving mental illness and the death penalty. Her guests are Scott Panetti’s lawyer Kathryn Kase and Brandon Garrett of the University of Virginia.
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Fresh off oral arguments in the Supreme Court, Alyza Lewin discusses Zivotofsky v. Kerry, which asks if Congress or the President has ultimate authority over passports. Plus, Yates v. U.S. debates whether grouper should qualify as "tangible objects."
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On Ep. 4 of Amicus, a pre-election special. Dahlia sits down with UC Irvine law professor Rick Hasen, founder of Election Law Blog, to survey the landscape of state voter ID laws. They consider the effect of recent headlines on voters' confidence in elections, as well as the enduring curiosity of judicial elections in America.
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On Ep. 3 of Amicus, Slate’s Dahlia Lithwick talks with the New Yorker’s Jeffrey Toobin about his recent interview with President Obama on Obama’s judicial legacy. Then Dahlia welcomes Roberta Kaplan, the lawyer who won last year’s DOMA case U.S. vs. Windsor, and who’s now fighting for same-sex marriage in the South.
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On Ep. 2 of Amicus, Slate’s Dahlia Lithwick and former acting solicitor general Walter Dellinger discuss the Surpreme Court’s recent non-decisions about abortion and voter I.D. laws. Then Dahlia talks with Joan Biskupic, author of a new biography of Justice Sonia Sotomayor.
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On Ep. 1 of Amicus, Slate’s Dahlia Lithwick discusses the opening of the Surpreme Court’s new term with Tom Goldstein, publisher of SCOTUSblog. Dahlia also welcomes Douglas Laycock, who argued the case of a Muslim prisoner who wants to grow a beard.
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En liten tjänst av I'm With Friends. Finns även på engelska.