Amicus With Dahlia Lithwick | Law, justice, and the courts: Recent Episodes
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In the final episode—for now—of our series on reclaiming constitutional power for every American, Dahlia Lithwick and Mark Joseph Stern urge you to consider the many ways you can make constitutional meaning in your life, your community, and your profession. Joining us to imagine what that has looked like historically and what it might look like tomorrow is New York Times columnist Jamelle Bouie, our former Slate colleague who possesses an uncanny, award-winning knack for applying historical context to modern-day events. He sits down with Dahlia and Mark to give the long view of the modern Supreme Court’s monopoly on constitutional understanding; its gradual (and problematic) professionalization; his own wishlist for structural reform at the high court, and a bracing reminder that there is a tremendous amount to be done to claw back the Framers’ vision of a constitution by the people.
We want to hear from you! Tell us what you’re doing in your life to assert ownership of the Constitution. What are you doing to expand fundamental freedoms to you, your loved ones, and your neighbors? Write to us at amicus@slate.com, and we might be in touch with you for a special Amicus event in September.
By the People is Slate’s end-of-term project exploring the ways in which ordinary Americans have shaped the meaning of the Constitution beyond the rulings of the Supreme Court. You can read the full package of articles accompanying this series at slate.com/bythepeople.
The justices publish their opinions a few dozen times a year. Dahlia and Mark share theirs every week. Slate Plus gets you all of it: Amicus ad-free with a weekly bonus segment, and no paywalls anywhere on Slate. Join now. Visit slate.com/amicusplus to get access wherever you listen.
You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify.
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Long before the Supreme Court handed down the landmark Obergefell ruling on equal marriage in 2015, activists were canvassing door-to-door, courting any lawmaker who would listen, and losing at the local level—a lot. Their scrappy determination helped convince family members, neighbors and eventually the rest of the country that the Constitution's guarantees of liberty and equality applied to same-sex couples.
In Episode 3 of By the People, equal marriage campaign architect Marc Solomon joins Dahlia Lithwick and Mark Joseph Stern to trace the movement’s "quixotic" beginnings in 2001. As this series continues to explore how ordinary Americans—not just nine justices—can interpret and enforce the Constitution, the campaign for equal marriage offers examples and tools that dedicated citizens can use to make constitutional meaning.
The episode also confronts an uncomfortable question: If popular pressure can produce a ruling you love, like Obergefell, it can produce one you might not, like the court’s decision to enshrine an individual right to bear arms in 2008’s D.C. v. Heller. Dahlia and Mark discuss what happens when popular constitutionalism is retrofitted as originalism, and why no constitutional win, no matter how popular, is ever truly permanent.
By the People is Slate’s end-of-term project exploring how ordinary Americans have shaped the meaning of the Constitution outside the Supreme Court. You can read the full package of articles accompanying this series at slate.com/bythepeople
The justices publish their opinions a few dozen times a year. Dahlia and Mark share theirs every week. Slate Plus gets you all of it: Amicus ad-free with a weekly bonus segment, and no paywalls anywhere on Slate. Join now. Visit slate.com/amicusplus to get access wherever you listen.
You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify.
Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required.
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In 1867, an 8-year-old girl named Elizabeth Turner became the epicenter of a legal battle that would help define what freedom really meant after the Civil War. Days after Maryland abolished slavery, her former enslaver had her re-indentured under a sham "apprenticeship" law used to seize Black children. Elizabeth’s mother—and thousands of other parents—refused to accept it.
In this second episode of By the People, legal scholar Lyle Cherneff guides Dahlia Lithwick and Mark Joseph Stern through a Union Army general's archive of letters that documented the plight of Black parents who petitioned, marched, and filed habeas corpus claims to win their children back. These parents read the new constitutional guarantees of freedom for themselves, and demanded they be enforced, long before any Supreme Court told them what those words meant.
The resulting case, In re: Turner, helped end the practice of racialized child "apprenticeship" and shaped the meaning of the 13th and 14th amendments. But the parents who fought for it were nearly written out of the story. In this episode, we seek to restore that record, tracing a direct line from their fight to ordinary Americans’ resistance to ICE raids today.
By the People is Slate’s end-of-term project exploring how ordinary Americans have shaped the meaning of the Constitution outside the Supreme Court. You can read the full package of articles accompanying this series at slate.com/bythepeople
The justices publish their opinions a few dozen times a year. Dahlia and Mark share theirs every week. Slate Plus gets you all of it: Amicus ad-free with a weekly bonus segment, and no paywalls anywhere on Slate. Join now. Visit slate.com/amicusplus to get access wherever you listen.
You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify.
Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required.
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For the better part of two centuries of U.S. history, the American people understood that they—and not the Supreme Court—were the final arbiters of the Constitution. But in recent decades, nine unelected justices have claimed that mantle for themselves. Now, with the high court's claim of neutrality and legitimacy crumbling, an urgent question must be answered: Can "We the People" restore our power to interpret the Constitution—and if so, how?
In the first installment of the series By the People, Dahlia Lithwick and Mark Joseph Stern try to find out how and when this notion of judicial supremacy took over, with the help of Larry Kramer, legal scholar and author of The People Themselves: Popular Constitutionalism and Judicial Review. You can read the full package of articles accompanying this series at slate.com/bythepeople
The justices publish their opinions a few dozen times a year. Dahlia and Mark share theirs every week. Slate Plus gets you all of it: Amicus ad-free with a weekly bonus segment, and no paywalls anywhere on Slate. Join now. Visit slate.com/amicusplus to get access wherever you listen.
You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify.
Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required.
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The Supreme Court just wrapped one of its most consequential terms in decades—and Amicus brought together three heavyweight legal experts to break down the damage. Their conversation centers on the biggest themes of the recent term: Congress has been sidelined completely; the Court is the final arbiter of all things; hubris has become the methodology, and the midterms should worry us all.
Dahlia Lithwick and Mark Joseph Stern are joined by civil rights lawyer Sherrilyn Ifill, legal historian Nikolas Bowie, and Supreme Court expert Stephen Vladeck. The panel dissects a term defined by judicial supremacy: the gutting of the Voting Rights Act in Callais and Milligan, the “unitary executive” power grab in Trump v. Slaughter, the birthright citizenship fight that never should have been argued, and a shadow docket that increasingly infects the merits docket. They trace how the court has hollowed out Congress' power to legislate, rewritten the meaning of the Reconstruction Amendments, and applied its own rules with striking inconsistency—all while shrugging off any need to justify itself.
The conversation closes with a hard question: What can actually be done about a court that’s this unaccountable? The panel offers concrete ideas, from congressional hearings on court reform to a new Voting Rights Act—and the hosts preview Amicus' upcoming series, By the People.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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 Supreme Court just wrapped the term with a blitz of extremely consequential decisions, and the smoke hasn’t cleared yet. (In fact, it’s looming like a dark storm cloud over our Fourth of July and America 250th festivities…) In this week’s episode, cohosts Dahlia Lithwick and Mark Joseph Stern focus on two of the term’s bleakest legacies: first, the court’s catastrophically bad use of history and second, the demise of independent agencies. They discuss the court’s 6–3 decision in Trump v. Slaughter, whichwas rooted in shoddy originalism and reckless disregard for how an accountable democratic government actually functions. Meanwhile, the dissenters in Trump v. Barbara would have weaponized bogus history to end birthright citizenship for millions.
To unpack this, Dahlia and Mark sit down with two law professors: Sam Bagenstos of the University of Michigan and a former general counsel at the Department of Health and Human Services, and Jed Shugerman of Boston University (whom Justices Sonia Sotomayor and Ketanji Brown Jackson cited this week). They deconstruct the myriad ways in which the high court ultimately embarrassed itself, history, and truth, with decisions that will affect millions of Americans for years to come.
Slate Plus members! Don't miss the Amicus Plus Breakfast Table on Friday, July 10th at noon EDT. Mark Joseph Stern and Dahlia Lithwick will be in conversation with Professors Steve Vladeck, Sherrilyn Ifill, and Niko Bowie. Our Pluskateers can sign up to be in the live, online audience for this special end-of-term conversation. Go to slate.com/breakfasttable to sign up for online access. (Psst: Submit your questions now to amicus@slate.com)
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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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It was a weird and wild ride as the Supreme Court handed down the last decisions of the term that started all the way back in October of 2025. We were so much younger then. After 58 argued cases and a steady, sneaky stream of shadow docket orders, the court issued its final four decisions Tuesday, and one justice was retired and unretired in short, confusing order.
The headline win: The court upheld birthright citizenship, but only by a 5-4 vote on the constitutional question, far closer than expected, and a sign of just how willing four justices are to rewrite the 14th Amendment to suit Donald Trump's wishes. Justice Brett Kavanaugh tried to split the baby, and Dahlia and Mark explain why his approach is more alarming than it first appears.
The news doesn't get better from there. The court ruled against transgender student athletes in cases out of Idaho and West Virginia, with Kavanaugh writing for the majority and Justice Neil Gorsuch offering an unconvincing retreat from his brief moment, post-Bostock, as an LGBTQ rights ally. The court also gutted limits on coordinated spending between political parties and candidates, opening new doors for even more big money in elections.
Plus: the strange saga of Justice Alito's accidentally announced "retirement," what it reveals about the court's obsession with secrecy, and a first look at next term's blockbuster Second Amendment case on assault weapons.
Don't miss the Amicus Plus Breakfast Table on July 10th at noon EDT with Steve Vladeck, Sherrilyn Ifill, and Niko Bowie. Slate Plus members can sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business. You can be part of a live taping of the show, go to slate.com/breakfasttable to sign up for online access. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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 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 end is nigh! Or, the end of this Supreme Court term is nigh, at least.
On the second to last day of this term, the court’s right wingers delivered a sweeping ruling that will reshape the federal government for years to come. In Trump v. Slaughter, the conservative supermajority voted 6-3 to allow the president to fire members of independent regulatory agencies—overturning Humphrey's Executor, a 91-year-old unanimous precedent—and handing Trump effective control over agencies that regulate consumer protection, nuclear energy, union activity, mine safety, and more. But the Roberts majority weren’t quite ready to hand the nation’s credit card (and their investment portfolios) over to the mad king, and so the Federal Reserve got a carve-out in a separate 5-4 ruling in Trump v. Cook. How did they reach these wildly different conclusions in such closely related cases? Justice Roberts offered a barely argued rationale, but who needs a rationale if your red lines are painted in a crimson of pure cynicism?
The court also handed down a significant Fourth Amendment ruling on geofence warrants, with Justice Kagan writing for a 6-3 majority that such warrants constitute a "search" under the Fourth Amendment.
And inWatson v. Republican National Committee, the court upheld state laws allowing mail-in ballots postmarked by Election Day to be counted if they arrive shortly after. But the squeaker of a 5-4 majority was deeply alarming in a case that played to some of the justices’ fox-brained ideas about election fraud. Justice Alito and his fellow dissenters appear to have signed onto the wholly unsupported view that Democrat wins are always suspect, and the only way to restore trust in voting is to restrict voting. As Rick Hasen writes for Slate, we won’t be as lucky next time.
The term wraps this week and Amicus is with you all the way for clear-eyed analysis of the final raft of decisions. Slate Plus members can also sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business as part of our live online audience, July 10 at noon EDT. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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 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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Donald Trump ran for office threatening to use mass deportations, closed borders, and emergency wartime powers to “clean up” American immigration. On Thursday, the Supreme Court’s right-wing supermajority gifted him with two stunning victories in that crusade—effectively reshaping life for more than a million people living in the country with temporary protected status, or TPS, and forcing asylum seekers to jump through increasingly impossible new hoops. Those decisions came on the heels of Tuesday’s chilling news for green card holders who might want to travel outside the United States in the form of Blanche v. Lau, where that same 6-3 majority ruled that border officers don't need clear and convincing evidence of a crime before throwing permanent residents into legal limbo.
On today’s show: Dahlia Lithwick and Mark Joseph Stern talk with Andrea Flores, founder of Securing America’s Promise and a policy veteran of the White House, National Security Council, Department of Homeland Security, and the U.S. Senate. Together, they unpack the decisions that made this one of most consequential weeks for immigration law in recent memory. And they note the central theme emerging from SCOTUS’ right-wing supermajority in perfect symmetry with Trumpism: When MAGA does explicit racism, SCOTUS goes conveniently colorblind, as with Justice Alito’s refusal to find racial animus in Trump’s statements about Haitians. The episode closes with a look ahead to next week’s birthright citizenship ruling and why, whatever the outcome, it cannot be allowed to obscure what happened this week.
The term will wrap next week and Amicus will bring you extra episodes and clear-eyed analysis of the final raft of decisions. Slate Plus members can also sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business as part of our live online audience, July 10 at noon EDT. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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 this exclusive Opinionpalooza extra, Dahlia Lithwick and Mark Joseph Stern take stock of today’s truly horrendous decisions handed down by a right-wing Supreme Court supermajority that’s marching in perfect lockstep on immigration, gun rights, and almost everything else. Dahlia and Mark sort through the brutalizing, even lethal implications for asylum seekers and more than 1 million recipients of temporary protected status, or TPS. Later: Why Justice Alito’s rejoinder to Justice Sotomayor’s dissent wasn’t just a crappy birthday present, but also the latest breach of decorum at the high court.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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 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 Supreme Court handed down a unanimous ruling this week in United States v. Hemani, holding that a marijuana user cannot be stripped of his Second Amendment right to own a firearm simply because he sometimes uses cannabis. Justice Neil Gorsuch wrote the majority opinion, leaning heavily on the founders' own well-documented love of alcohol to argue that responsible substance use has never historically disqualified Americans from bearing arms. Dahlia Lithwick and Mark Joseph Stern unpack the ruling, note what it does not settle about the still-murky Bruen test, and reflect on how dramatically the justices’ posture toward marijuana has shifted since the "Bong Hits for Jesus" case they decided less than two decades ago.
Then, Dahlia sits down with David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center, to discuss his forthcoming Stanford Law Review article, Forgotten Framers: Black Conventions and the Second Founding. Between 1864 and 1869, Black Americans gathered in more than fifty conventions in packed churches and meeting halls across the country to demand equal citizenship, voting rights, bodily autonomy, protection from racial violence, and access to education. These conventions molded the Reconstruction amendments in ways that originalist jurisprudence ignores.
Gans explains how the Roberts court's colorblind reading of the Fourteenth and Fifteenth Amendments distorts this history by ignoring the explicitly race-conscious vision the conventions—and the amendments themselves—championed. He also explains how the Guarantee Clause, long a "sleeping giant," could still offer a constitutional path to combat partisan and racial gerrymandering afterCalais and Milligan. Gans wrote about this facet of the historyrecently in Slate.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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 Second Reconstruction is being dismantled piece by piece, and this past month has seen that project attain terminal velocity. On this week’s Amicus podcast, Dahlia Lithwick talks with Stanford law professor and leading civil rights lawyer and scholar Pamela S Karlan, about a series of quick-fire moves from the high court and the Trump administration that, taken together, reveal a rapid disassembly of a series of hard-won civil rights laws in place for the past 50 years, known as the Second Reconstruction.
From SCOTUS decisions in Callais and Milligan, to a new memo from the Justice Department revisiting equal employment protections, the United States’ framework for multiracial democracy and minority participation in civic life is being swept away. This is about more than redistricting, primaries and polls, midterms and horse races. It’s a wholesale reshaping of what––and who––America is for.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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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One of the challenges of modern legal journalism is recalling that case law, doctrine, and Supreme Court decisions aren’t a complete picture, without including the lived realities of the people whose lives and communities are often turned upside down by changes in the law.
On Tuesday night, the Supreme Court’s far-right flank vastly expanded its holding in Louisiana v. Callais to make it harder, if not impossible, to challenge racist voting maps designed to suppress Black votes. The shadow-docket decision misrepresented its own holding in Callais and discarded a case it had already decided. With the conservative supermajority tossing a lower-court panel’s finding in Allen v. Milligan and further erasing voting rights for Black Americans across the country, Amicus revisits our 2022 conversation with Evan Milligan, the named plaintiff, at the time the case first came to the high court. Milligan explained what’s at stake for the very real people living in gerrymandered districts in Alabama’s Black Belt region; a gerrymander blessed this week that was forbidden just three years ago.
Later, Dahlia Lithwick talks with Andrew Weissmann, an MS NOW legal analyst, NYU law professor, and veteran federal prosecutor who served as lead prosecutor under special counsel Robert S. Mueller and as chief of the DOJ’s Fraud Section. Even with Opinionpalooza heating up at the high court, Weissmann pauses to analyze a busy week in democratic dismantling at the Justice Department and on Capitol Hill. And, Weissmann proposes something truly shocking— real accountability for public officials who lie, as laid out in his new bestselling book,Liar’s Kingdom: How to Stop Trump’s Deceit and Save America.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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 Supreme Court’s Republican-appointed justices seem to be in a big rush to dismantle voting rights for non-white people. On Tuesday night, the right-wing supermajority handed down an unsigned shadow docket order that greenlights racial gerrymandering in Alabama and dramatically undermines voting rights protections nationwide. In this Opinionpalooza bonus episode exclusively for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern examine the details of the case. They also explore how we got here, and what this court’s jurisprudential arrogance and voracious appetite for power means for democracy itself. By approving racially discriminatory maps, the high court’s MAGA wing has exposed its willingness to rewrite long established legal rules in darkness—without transparency or accountability. This order also reveals a disturbing disregard for extensive factual findings from lower courts—and flips the legal terrain for voting rights from protection to peril.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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 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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Dahlia Lithwick and Mark Joseph Stern, Slate’s dynamic legal duo, preview the final weeks of the Supreme Court term. It’s a “three-ring circus”: the merits docket, the shadow docket, and the justices’ increasingly public intramural snipings and gripes. Dahlia and Mark take a look back at the major decisions the court has issued so far this term on global tariffs, conversion therapy for LGBTQ minors, and of course Callais, which gutted the Voting Rights Act and is supercharging gerrymandering ahead of the midterms. Then, Dahlia and Mark look ahead to the blockbuster decisions expected in the coming weeks: birthright citizenship, immigration cases involving temporary protected status and green card holders, executive power fights over the firing of the Fed’s Lisa Cook and independent agency officials, and election cases that could dramatically change campaign finance laws and the counting of mail-in ballots.
Next, they explain the court’s flurry of opaque shadow docket orders—and what it means for immigration enforcement, to impoundment, trans rights, access to abortion medication, and redistricting.
Finally, Dahlia and Mark parse the leaks and personal attacks that have spilled out into public from the usually tight-lipped confines of One First Street, and why this Supreme Court is fueling a newfound appetite for court reform among Americans.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. 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? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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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Donald Trump's $1.8 billion "anti-weaponization" settlement fund has stunned legal experts—not just because it's corrupt, but because of how skillfully and transparently it is designed to protect the Trump Family and reward loyalists. On this week's Amicus, Dahlia Lithwick brings together two of the sharpest observers of Trump-era lawlessness to map exactly what this is and why it matters.
J.P. Cooney, a career federal prosecutor and former top deputy in Jack Smith's special counsel's office, explains how President Trump sued his own IRS as a private party, settled the case through attorneys who have also been his personal lawyers, and then secured an addendum—signed by acting Attorney General Todd Blanche—immunizing Trump and his family from any IRS audit or tax-enforcement proceeding. Cooney calls it "practiced, skillful corruption".
As Investigative journalist Andrea Bernstein, host of The Law According to Trump, author of American Oligarchs, and a veteran of five Trump trials, points out, this settlement enshrines Trumpian language— such as "unlawful raid at Mar-a-Lago" and "Russia collusion hoax"—in official U.S. government documents. Bernstein says it’s vital to be clear about who stands to receive payouts: people convicted of seditious conspiracy, assaulting Capitol police officers, and other crimes they admitted to in open court.
Cooney and Bernstein agree this fund doesn't just reward insurrection—it incentivizes future violence, chills legitimate dissent, and systematically erases the historical record of Jan. 6.
Later, Slate executive editor Susan Matthews joins to preview the new season of Slow Burn, Becoming Justice Gorsuch—and explain why the most anonymous justice on the court is so pivotal to understanding the power and the politics of the highest court in the land.
Un-paywalled episodes' description:
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This week on Amicus, hosts Dahlia Lithwick and Mark Joseph Stern break down a whirlwind stretch of reproductive rights legal battles, from the Fifth Circuit's sweeping nationwide ban on telehealth medication abortion, to the Supreme Court's emergency order blocking it. Madiba Dennie (Deputy Editor, Balls and Strikes; and author of The Originalism Trap) joins to explain what the furious dissents from Justices Clarence Thomas and Samuel Alito reveal about where this is all headed.
Then, Dahlia sits down with writer, activist, and former NARAL president Ilyse Hogue for a wide-ranging conversation about why the assault on medication abortion and the assault on voting rights are the same fight — and why progressives keep losing the narrative battle even when public opinion and shared values are on their side. They also discuss an overlooked but hugely significant win for free speech in the Media Matters v. FTC case, and why fighting back against government bullying matters more than ever.
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Over the last few years, there’s been an undeniable uptick in threats against American judges and their families: they’ve been doxxed, swatted, even killed. Many jurists are not all that comfortable having conversations around these threats. This reluctance to respond publicly is understandable, but it’s also depriving us of a critical perspective from the very people this affects. This week on Amicus, that changes: Two judges sat down with us to talk openly about what often goes unsaid. Host Dahlia Lithwick speaks with sitting U.S. District Judge for the Western District of Washington Judge Robert S. Lasnik, and Judge Jeremy Fogel, a former U.S. District Judge for the Northern District of California and current Executive Director of the Berkeley Judicial Institute. They acknowledge that there’s a long history of judges being threatened, but point out that it’s usually not coming from the President and his Department of Justice. We’re in uncharted territory, and Judges Lasnik and Fogel are bravely opening up about what this volatility means for an independent judiciary, and what we should do about it.
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Dahlia Lithwick reviews what has been an “exceptionally bad week” for American democracy. Former U.S. Attorney Barbara McQuade explains why the charges against former FBI director James Comey, rooted in the claim that he threatened to kill President Trump – via the medium of seashells on Instagram – are unlikely to stick, no matter how hard Trump’s Acting (and actively auditioning) Attorney General Todd Blanche tries. A deleted insta post from a beach in North Carolina is just not going to meet the Supreme Court’s true-threat standard as laid out in Counterman v Colorado. But actually, landing a conviction is not the point, McQuade says –– Blanche has learned from Trump’s longstanding legal playbook that he can always win by losing. And that’s why she is also closely watching the DOJ’s indictment of the Southern Poverty Law Center under a dubious fraud theory, warning that Blanche is both more skilled and more ruthless in using prosecutions for political ends, with few accountability mechanisms beyond potential disbarment. McQuade’s new book, The Fix: Saving America from the Corruption of a Mob-Style Governmentis available for pre-order now.
Next, Dahlia discusses this week’s devastating SCOTUS decision in Louisiana v Callaiswith Madiba Dennie who explains how Justice Alito and the 6-3 Republican supermajority set about hollowing out Section 2 of the Voting Rights Act, inviting states to redraw maps and entrench racial disenfranchisement, all under the cover of historically distorted “originalism.”
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On Wednesday, Justice Samuel Alito delivered the latest, probably lethal blow in the Supreme Court’s decades-long campaign against multi-racial democracy in America, with a 6-3 majority opinion gutting what remained of the Voting Rights Act in Louisiana v Callais. In this special extra episode of Amicus, Dahlia Lithwick talks with Janai Nelson, President and Director-Counsel of the Legal Defense Fund (LDF), the nation’s premier civil rights law organization. Nelson argued Louisiana v. Callais before the United States Supreme Court in October of 2025. Together, they examine the history ignored by the right wing majority, and look ahead to the disastrous consequences this ruling unleashes on American democracy, from school boards all the way to the halls of congress.
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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As journalists, a-listers, and some of the most vociferous critics of journalism from the Trump administration gather for the White House Correspondents’ Dinner, Dahlia Lithwick tackles the president and his allies’ tactics to chill the press and undermine the First Amendment.
In conversation with Guardian columnist and former New York Times public editor, Margaret Sullivan she explores the Trump administration’s use of meritless, high-dollar defamation suits, focusing on FBI Director Kash Patel’s $250 million lawsuit lodged against The Atlantic this week. Sullivan links democratic decline to media decline, citing oligarch ownership, consolidation, weakened local news, reduced public media, and corporate leaders’ capitulation via settlements and editorial interference.
Margaret’s newsletter, American Crisis can be found here:
margaretsullivan.substack.com/
Next, Dahlia and co-host Mark Joseph Stern examine New York Times’ reporting on leaked Supreme Court memos showing the 2016 Clean Power Plan stay as a pivotal shadow docket moment that perfectly illustrates how activity on the shadow docket is driven by institutional grievance rather than legal urgency. They also dissect Trump’s renewed attacks on the justices despite their frequent support for his agenda.
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Hungary’s autocratic creep was turned back at the ballot box last weekend, in a stark rebuke to the forces of illiberalism and to the American conservatives who invested so heavily in former Hungarian leader Viktor Orban’s mission. It’s good news. But it’s not the end of the story. It behoves pro-democracy forces in the United States to move past the example of democratic resilience in Hungary to real, systemic change to the machinery of American democracy. On this week’s Amicus podcast, Norm Eisen, former ambassador and current democracy warrior (as founder of www.democracydefendersfund.org), tells Dahlia Lithwick that America’s response to Trumpism starts with protecting the rule of law, safeguarding elections, and strangling corruption—the three pillars of a genuine democratic recovery. The key isn’t just fixing courts or passing reforms—it's about building a democratic coalition based on simple, clear issues. As Democrats dare to dream of what may be possible in a post-Trump America, it’s time to start making concrete, workable plans. This week’s show highlights the roadmap out of autocracy, through coalitions, court reform, and corruption-busting.
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The events of the past week have revealed a terrifying disconnect between the constitutional remedies available to us and the gravity of the threats posed by an utterly unfit President with his finger on the nuclear button. On this week’s Amicus, Dahlia Lithwick turns to two experts on impeachment and the 25th Amendment: Rep. Jamie Raskin, and Professor Michael Gerhardt. Each has been at the very epicenter of democratic attempts to access the constitutional tools demanded by this moment. Rep. Raskin explains the urgent update needed to bolster the 25th amendment, and Professor Gerhardt explains the value of impeachment, even in lieu of conviction and removal, and why right now is high time to try Trump for high crimes.
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It was a rough week for two of the top lawyers in the Trump administration, and it couldn’t happen to a nicer pair ... Ever since Donald Trump’s return to office and the installation of his (second choice) Attorney General, we’ve been tracking the toxic combination of incompetence and cruelty at the Department of Justice. Pam Bondi, Trump’s hand-picked attack dog for Attorney General, finally reached the point of no return. She’s out, and Todd Blanche is in … for now. Dahlia Lithwick and Mark Joseph Stern discuss AG Bondi’s legacy, and why she may still be dragged before congress to answer for the DOJ’s mishandling of the Epstein Files. Meanwhile, over at One, First Street, Mr. Trump became the first sitting president to show up live and in person to oral arguments, in a woefully misguided possible attempt to intimidate “his” justices into buying his nonsensical theory about birthright citizenship. John Sauer, his Solicitor General, flopped and flailed, and revealed a fundamental flaw at the heart of the second Trump presidency: if loyalty is the only test, you might fail a bunch of other, more significant, tests. Finally, Dahlia and Mark unpack the thorny and confusing 8-1 decision from the High Court in Chiles v. Salazar, taking a huge bite out of conversion therapy bans, and what that means for LGBTQ youth and the First Amendment.
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This bonus episode of Amicus, with full access exclusive for Slate Plus members, is a comprehensive exploration of Wednesday’s arguments in the Trump v. Barbara case on birthright citizenship. This landmark case challenges the executive order aimed at denying citizenship to children born in the U.S. to undocumented immigrants and temporary visa holders, potentially affecting millions of individuals born in the U.S.
Mark Joseph Stern talks to legal scholar Evan Bernick –– who co-authored a key amicus brief in this case –– about the Supreme Court’s reaction to Trump’s order to gut the 14th amendment of the constitution and remake the legal landscape surrounding citizenship. The stakes are high, and the implications reach far beyond the courtroom.
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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On this week’s Amicus, Dahlia Lithwick checks in with Protect Democracy co-founder Ian Bassin about the United States’ speedy retreat from democracy, and how lawyers seeking to protect the constitution are adapting their strategies for Trump 2.0. While Trump’s second term is following an authoritarian playbook, some courts are acting as speed bumps, while others (we’re looking at you, SCOTUS), are increasingly pickled in right-wing brine. The velocity of America’s descent into illiberalism is startling and dangerous, but Bassin argues it is also potentially self-defeating, thanks to Trump’s historic unpopularity that is growing faster than his ability to consolidate power. The two discuss Protect Democracy’s shift from a litigation-heavy strategy to combining court fights with coalition-building, and Ian outlines threats to the 2026 elections—“deceive, disrupt, deny”—including efforts like the SAVE Act and why the President’s decision to deploy ICE to stand around in airports around the country is a clear effort to normalize their presence at polling places in November. But he also stresses that overwhelming participation and public organizing are the ultimate backstops if election results are contested.
Suggested reading: protectdemocracy.org/executive-override/
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This Supreme Court term has seen threats against the Justices – from the President, a slew of game-changing shadow docket opinions, justices sparring in public, and some of the most consequential cases of our lifetimes. If you’re feeling a little disoriented by it all, join Dahlia Lithwick and Mark Joseph Stern on this week’s show for a clearer understanding of what’s going on at One, First Street. They discuss the big immigration case the court took up just this week that will be crammed into the last week of arguments, Justice Ketanji Brown Jackson’s courage at a public event, and what it means when a justice steps out of the four corners of her opinions to voice urgent concerns about the shadow docket in public, and why, when it comes to threats to judges, the Chief Justice is meekly asking Trump knock it off, while taking no responsibility for his court’s role in it all.
Supplemental reading:
The Constitutional Accountability Center on the history of mail-in ballots
This week’s Executive Dysfunction newsletter from Slate’s jurisprudence team is a must-read: slate.com/dysfunction
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Next month, the Supreme Court will hear arguments in the birthright citizenship case, Trump v. Barbara. It’s still somewhat unbelievable that the high court will entertain arguments in favor of gutting an utterly clear constitutional commitment. Nonetheless, our motto on Amicus is “legal knowledge is power,” and in this case, historical understanding of legal knowledge … is power. On this week’s show, Dahlia Lithwick interviews constitutional and immigration scholar Anna O. Law about her forthcoming book, Migration and the Origins of American Citizenship.
In preparation for a lot of very bad originalist takes, Lithwick and Law discuss how immigration actually worked in the colonial and pre-Civil War eras and why the framers of the Reconstruction Amendments (including the birthright citizenship clause of the 14th Amendment) meant exactly what they said and said exactly what they meant. Law also explains how and why Wong Kim Ark affirmed birthright citizenship for children of Chinese immigrants, and emphasizes that the words “subject to the jurisdiction” had narrow historical exceptions. Finally, a reminder that the framers of the 14th Amendment chose to constitutionalize citizenship rather than establish it in statute—in anticipation of exactly the situation America finds itself in today.
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On this week’s Amicus, Dahlia Lithwick explores the rise of Christian nationalism in America, its influence on the Supreme Court , and the implications for democracy and civil rights. Featuring Rachel Laser, CEO of Americans United for Separation of Church and State, their discussion delves into the historical roots, recent legal cases, and the ongoing fight to uphold the separation of church and state in a country that survived two centuries as an open, pluralist refuge for all religions, and then became a Christian nation, seemingly overnight.
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Trump’s actions in Iran have massive global impacts, but they also have serious legal implications. On this extra episode of Amicus, exclusive to our Plus members, Mark Joseph Stern is joined by military law expert Eugene Fidell, a visiting lecturer and senior research scholar at Yale Law School. Their conversation focuses on constitutional constraints, the role of Congress, and the principles of international law, and emphasizes the need for Congress to reclaim its war powers. While it seems like real consequences are unlikely for those responsible for flouting these laws, there are serious implications for American democracy. Fidell explains why he’s calling for impeachment as a response to these unconstitutional actions––even if such a move is very unlikely to succeed.
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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“Not on the level” is how Donald Verrilli Jr. describes the Trump administration’s general, current Supreme Court practices. The former United States Solicitor General joins Dahlia Lithwick to discuss the ways this radical new posture is forcing judges to confront arguments and asserted powers previously seen as far beyond presidential authority, while still trying not to shift excessive power to courts by routinely declaring everything a pretext. They discuss whether Chief Justice John Roberts is at last signalling skepticism about Trump’s chaotic policymaking, whether the DOJ’s fluid relationship with facts is taking a toll on its credibility, and they debate the costs of delayed, splintered opinions in the major confrontation over executive power evident in the tariffs case. Don Verrilli also reflects on his deep and broad experience over decades of Supreme Court litigation, beginning with a clerkship for Justice Brennan in the 1980s, through his service in government under President Obama, to recent wins arguing before SCOTUS, to provide a truly clarifying perspective on the scale of the challenges facing the rule of law, and the “hard-nosed faith” required to overcome them.
And… introducing… Executive Dysfunction. A brand new newsletter from Slate’s jurisprudence team that surfaces under-the-radar stories about what Trump is doing to the law –– and how the law is pushing back. There’s always some story buried in court filings, hidden in regulatory fine print, happening in some courthouse you may not have heard of that actually matters. Every week, Executive Dysfunction will feature one story that cuts through it all, plus updates from the Slate Jurisprudence team. Go to slate.com/dysfunction to sign up.
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The Supreme Court struck down Donald Trump’s sweeping tariffs on Friday, ruling 6–3 that they vastly exceed anything federal law allows a President to do. It was a massive loss for a signature component of Trump’s economic agenda, and a coalition of liberals and conservatives on the court agreed that the statute invoked to impose these tariffs was never intended to be wielded in this fashion. The 6 disagreed emphatically as to the reasoning. The dissenters were Big Mad. On this week’s Amicus, Dahlia Lithwick and Mark Joseph Stern unpack the rationale behind the decision, and the implications for those seeking a remedy. And they ask what to make of this massive loss from a court that has yet to truly tell this President “no.”
Then, the press clause of the First Amendment, a once-cherished constitutional right, has fallen victim to neglect and sabotage in recent years, taking a back seat to the more vaunted love affair with individual “free speech.” But, as recent developments—including the arrest of journalist Don Lemon and the heavy-handed interview-spiking “guidance” of late night host Stephen Colbert—illustrate, the freedom of the press is no slam-dunk when it comes to saving democracy in Trump’s America. Dahlia speaks with First Amendment scholars Sonja West (University of Georgia) and RonNell Andersen Jones (University of Utah) about the health of the press clause and the themes in their book, The Future of Press Freedom: Democracy, Law, and the News in Changing Times. They trace the ways in which the framers viewed press freedom as a core, structural “bulwark of liberty,” and why the Supreme Court has increasingly treated it as a neglected companion to free speech rights; leaving weakened and fragile protections for news gathering. The conversation contrasts Trump’s first-term rhetorical delegitimization of the media with a second-term shift toward tangible actions: access restrictions, funding cuts, agency leverage, and selective regulatory pressure.
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The machinery to enable Stephen Miller’s darkest deportation dreams is both tangible and legal. In this week’s show, Dahlia Lithwick explores the statutory and regulatory foundations of the Trump administration’s expanding network of detention camps, plus the historical background of the vast warehouse system they are using to imprison tens of thousands of migrants. First, she speaks with Linus Chan, who represents Minnesotans detained by ICE, he teaches law at the University of Minnesota School of Law. Chan describes how the most basic right of habeas corpus has been whittled away by the courts to a filament when it comes to immigration law, allowing the federal government to weaponize brutal detention against ordinary Americans.
Next, Dahlia is in conversation with Andrea Pitzer, about her chilling and urgent new piece, Building the camps: The warehouseification of detention and initial thoughts on stopping it. It is essential reading (and listening!) in light of the billion dollar detention camp system being built in warehouses near you in cities around the nation.
If you want to check if your town is on the list, Andrea recommends checking out Project Salt Box.
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According to Marc Elias, Dahlia Lithwick’s guest on Amicus, “This week will be looked back on as a pivot point in terms of how the midterms play out.” Elias is a nationally recognized authority on voting rights, redistricting and campaign finance law. He is Chair of Elias Law Group and founder of Democracy Docket.
In the past few weeks, Donald Trump’s election denialism has kicked into high gear, just as his poll numbers hit new lows. Elias tells us the FBI/DNI raid to seize ballots in Fulton County, Georgia, and Steve Bannon’s new threats to surround polling places with ICE officers in November, show an administration that is prototyping new mechanisms for election subversion and voter suppression. But the public has power in this scenario, especially if they start paying attention to elections and voting rights now, rather than the day before November 3rd, 2026.
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Lawyers love legal reasoning. It promises a clean, clear path through sticky, tricky territory. But legal reasoning can enable grotesque real-world outcomes, like torture, or arresting journalists, or masked government agents detaining and disappearing people. On this week’s Amicus, Dahlia Lithwick is in conversation with Joseph Margulies, Professor of Practice of Government at Cornell University. Margulies litigated some of the biggest cases of egregious human rights violations of the post-9/11 “War on Terror”, an experience that informed his recent piece in the Boston Review: The Moral Stupefaction of America. Margulies explains how, when we allow obscure legal language to overshadow moral imperatives, we can end up in very dark places. The line from waterboarding at black sites to executing American citizens in the streets is a straight one. And there will be a lawyer willing to write a memo for all of it.
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The evidence is mounting that ICE is not only unbothered by moral boundaries, but immigration and customs enforcement agents acting on behalf of President Trump believe they are not constrained by constitutional red lines, either. According to a super-secret internal memo flagged in a whistleblower complaint this week, the Fourth Amendment simply doesn’t apply to ICE. That sense of impunity is also clear in a growing chamber of horrors from their enforcement operations; from masked agents taking a child in a blue bunny hat, to the shooting of Renee Good. Worryingly, this sweeping concept of immunity is kind of true—though maybe not for the reason you think. This week on Amicus, Dahlia Lithwick talks with Alex Reinert, the Max Freund Professor of Litigation & Advocacy at Cardozo School of Law. He is also the director of the Center for Rights and Justice and Co-Director of the Floersheimer Center for Constitutional Democracy. Alex explains the origins of qualified immunity—a legal theory that allows law enforcement officers to be free from consequences for their actions—why ICE’s lawlessness is not a new phenomenon (even if it is a phenomenon in hyperdrive under Trump), and what we can do about the obvious problem of maximal impunity for the people who have the most power to inflict harm.
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In this member-exclusive episode, co-hosts Dahlia Lithwick and Mark Joseph Stern discuss the Supreme Court’s fact-free foray into Trump v. Cook, a case that economists warn could crater the economy. President Donald Trump spent the first weeks of his second stint in the White House firing a lot of people from government agencies. For the most part, the High Court’s conservative justices let it slide, in line with their general “he’s the President, let him do it” posture. But Federal Reserve governor Lisa Cook was different. In August, Trump fired off a post on Truth Social, then sacked Cook a few days later, leaving a huge question mark hanging over the independence of the Fed. Turns out, that’s a very big deal for anyone who wants to avoid hyperinflation and economic disaster. During Wednesday’s arguments, it was clear that even Trump’s hand-picked justices felt as though they would like to avoid such catastrophes. What ensued was more about feelings, fear, and frustration than law, but that may be the best we can hope for.
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President Trump REALLY wants to invoke the Insurrection Act. He’s fallen hard for this 200-year-old law that would allow him to deploy active duty military to enforce civilian law on American streets. On this week’s Amicus podcast, co-host Mark Joseph Stern is joined by Professor Steve Vladeck, a nationally recognized expert on the Supreme Court, federal courts, national security law, and military justice. They discuss what’s been stopping Trump from invoking the act so far, why he has no legal authority to do so right now, and what happens if he does it anyway.
Next, Mark talks to Julia Gegenheimer, former special litigation counsel in the Justice Department’s Civil Rights Division’s Criminal Section, and now a special litigation counsel at Georgetown Law’s Institute for Constitutional Advocacy and Protection. Julia and Mark discuss the remaining paths to justice after the killing of Renee Good and examine what happens when the DOJ abandons its duty to seek accountability and vindicate civil rights.
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You saw it. We all saw it. We all saw what happened in Minneapolis when an ICE agent shot and killed Renee Good for the crime of being in her car. This week on Amicus, Dahlia Lithwick and Mark Joseph Stern attempt to digest this week’s horrific events and wonder if there is even a possibility of justice. Dahlia recommends “They Didn’t Even Need A Deepfake” by Slate’s Molly Olmstead.
Later in the show, Mark speaks with Brian Finucane, a senior advisor to the International Crisis Group. He spent a decade in the U.S. State Department’s Office of the Legal Adviser. Brian and Mark discuss the lawlessness of Trump’s foreign policy (cough cough, Venezuela), and how the administration’s approach embraces some of the worst aspects of tough-guy masculinity.
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In a special new year retrospective, Amicus host Dahlia Lithwick revisits an important episode from early 2025. Back at the beginning of February, Kim Lane Scheppele, the Laurance S. Rockefeller Professor of Sociology and International affairs at Princeton University, pointed to the speed and viciousness of the very opening legal gambits in Trump 2.0 as evidence that America had already 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, the media, the academy and the democratic norms that protected them in Russia and Hungary. In this interview, Scheppelle explains 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.
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Over the past calendar year, the Supreme Court’s center has shifted to the right and then more to the right, and the justices’ decisions have time and again facilitated Trump’s agenda. But the Roberts majority is not simply focused on what the current president wants; it has its sights set on a larger project: voting. Suppressing and constraining and problematizing the core function of democratic rule. In this episode, Dahlia Lithwick and Mark Joseph Stern reflect on the significant developments at the Supreme Court over the past year with an eye toward the implications of the court's decisions on democracy, voting rights, and the erosion of checks and balances. Looking back at the past year at One First Street, Dahlia and Mark trace the cases that reveal the court’s long game, with elections coming quickly, and discuss the forces for and against democracy being exerted within and without the high court. Then, they turn to the urgent matter of what you and I can do about it.
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In mid-March of 2025, ACLU attorney Lee Gelernt and his colleagues started hearing that the Trump administration might attempt a flagrantly lawless publicity stunt, involving migrant men, secret flights to El Salvador, a notorious gulag, and a total disregard for due process. Despite getting word that something was about to happen, and rushing into a Saturday night hearing, and then securing a TRO from DC judge James Boasberg, Lee and his colleagues were unable to prevent more than 250 men from being renditioned from Texas to the CECOT torture prison in El Salvador. The legal cases spawned by the dramatic events of March 15th 2025 haven’t gone away, indeed they are reaching crucial milestones in the courts, raising foundational questions about the abuse of statutes and what it means to defy court orders. On this week’s Amicus, Dahlia Lithwick is joined by the ACLU’s Lee Gelernt who is litigating these cases, to discuss the very high stakes of a set of cases that may have fallen off your radar in the shuffle.
How these cases play out will dictate much of what happens for the rest of Trump’s term in office by answering democracy-defining questions such as whether the antiquated and radical wartime powers of the Alien Enemies Act can be unleashed on people the government deems enemies domestically, whether court orders are actually directives the Trump DoJ is bound to follow, whether the district courts can require Pam Bondi’s justice department to assist in the finding of fact, and whether the ancient legal concepts protecting liberty of due process and habeas corpus have the force of law in Trump’s America.
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Trump decided this past week that there was no downside to fully embracing the racist “shithole countries” rhetoric he denied seven years ago; but this mask coming fully off is just the latest chapter in a decades-long campaign to gut a very specific part of the constitution: the reconstruction amendments. On this week’s Amicus episode, Dahlia Lithwick talks to civil rights attorney Sherrilyn Ifill about the critical role the 14th Amendment has played in shaping American democracy, and why this full frontal assault on its protections should have everyone on high alert. In a week in which we found ourselves toggling between “the tide is turning!” and “all is lost!” Sherrilyn expertly guides us to an understanding of what winning looks like in this moment, and how the courts can still play a role in renewing America’s commitment to equal justice under the law, even when the Supreme Court is openly hostile to that proposition.
Sherrilyn Ifill’s substack newsletter: Is It Too Late?
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While the Secretary of Defense pursues lawless boat strikes with a laser focus on maximum trolling, the Supreme Court is working to undermine voting rights with a laser focus on maximum support for Republicans.
In this week’s episode of Amicus, Dahlia Lithwick and co-host Mark Joseph Stern discuss the news that Trump’s extra-constitutional attempt to restrict birthright citizenship is heading back to the Supreme Court. They also discuss Thursday’s shadow docket decision supercharging racial gerrymandering as well as next week’s campaign finance case that promises to unleash even more dark money in the midterms. Next, Dahlia’s joined by Malcolm Nance, former naval intelligence officer, author and host of the Black Man Spy podcast to talk through the current administration’s riding roughshod over established military law, and the very nasty history of bombing shipwrecks.
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By design – and also by dint of unbridled, undisciplined extremist exuberance – Donald Trump’s second stint in the White House is thus far a tricky thing to characterize. While many of the administration’s moves seem copy/pasted from a manual for authoritarian takeover, they’re also deeply rooted in longstanding structural democratic deficits in America. For their part, The administration’s boosters argue this whiplash-inducing dismantling of institutions, norms and precedents are simply the right’s answer to similarly seismic constitutional shifts in the New Deal and Civil Rights eras. In a recent piece in the Boston Review, What Are We Living Through?, law professors Jedediah Britton-Purdy and David Pozen try to puzzle through these conflicting narratives of change. They join Dahlia Lithwick on this week’s Amicus to map this moment and to plot paths through it.
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Dahlia Lithwick is joined by former federal prosecutor Mimi Rocah, who brings her extensive experience trying and supervising federal criminal cases to a discussion of what the survivors of Jeffrey Epstein’s sexual abuse can teach us about justice. She suggests that the Trump administration’s eleventh-hour switchback tactic of calling for investigations of only Democrats speaks volumes about how the Justice Department is functioning these days, proving that vindictive prosecutions are the only game in town, bonus if they also have the effect of power-washing the president’s shadow from the scandal. Next, they turn to the extraordinary scenes in a Virginia courtroom this week, as the DOJ’s case against former FBI director and Trump foe James Comey seemed ready to fall apart at the seams. As this administration’s practice of political interference in legal proceedings is supercharged by dear leader’s “Dear Pam” posts to “his” AG Pam Bondi, this conversation highlights why judicial integrity and the ever-expanding ranks of judges refusing to accept lies, are among the last best hopes for equal justice under the law in America.
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Dahlia Lithwick welcomes retired federal judge Mark Wolf for his first ever podcast interview. The Reagan-appointed jurist made headlines last week with his searing indictment of the threat posed to the rule of law and democracy by the current administration. Judge Wolf opens up about his decision to leave the bench after decades of public service and the challenges faced by judges in the face of a president and a Justice Department showing scant regard for the rules.
Next, Dahlia is joined by California Attorney General Rob Bonta, who tells her, “If Trump breaks the law and hurts our state, we sue him.” Together, they discuss the urgency of justice in response to the tactics employed by the Trump administration. As Democratic AGs band together to sue against unlawful executive actions, Bonta explains their strategies in securing injunctions against the administration.
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The Republican-appointed Supreme Court justices have been treating the Trump administration with such extreme deference that we were honestly a little flummoxed listening to this week’s arguments over his “Liberation Day” tariffs. Shockingly, during Wednesday’s arguments in Learning Resources v. Trump and Trump v. V.O.S. Selections, it seemed like the justices were in fact, concerned with presidential overreach. But was this a true bridge-too-far-moment, or were they more concerned about their own pocketbooks? This week, Dahlia Lithwick and Mark Joseph Stern discussed the arguments with Marc Busch, the Karl F. Landegger Professor of International Business Diplomacy at the Edmund A. Walsh School of Foreign Service at Georgetown University. Busch is an expert on international trade policy and law, and signed onto an amicus brief on behalf of trade scholars explaining the history and context of IEEPA.
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“The Chief Justice… is presiding over the end of the rule of law in America”. That quote did not come from host Dahlia Lithwick, but this week’s guest, former Federal Circuit Court Judge and George H. W. Bush appointee, J Michael Luttig. On this week’s show, Judge Luttig explains the unprecedented split we’re seeing between the federal courts and the highest court in the land in response to Trump’s lawlessness on everything from tariffs, to due process, to deploying the National Guard, and what it all means for the future of American democracy.
Next, Dahlia talks to the CEO of the small family business at the center of the tariffs case that will be argued at SCOTUS on Wednesday. Rick Woldenberg of Learning Resources explains why he’s standing up to Trump’s monarchic power grab, and why he sees himself standing shoulder-to-shoulder with James Madison.
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Bulldozers and bulwarks are the twin themes of this week’s show, as Dahlia Lithwick is joined by Joyce White Vance, a longtime federal prosecutor and clarion voice in defense of the rule of law, despite its flaws. As Pam Bondi’s Justice department chases down the President’s opponents, Congress walks away from its constitutional duties, and the highest court in the land struggles to find a presidential demand too outrageous to rubber stamp, it’s no wonder many Americans are exhausted by the attempt to toggle between hope and despair. Lithwick and Vance discuss the many challenges to the integrity of the justice system and ponder what ordinary people can do to bolster vital democratic institutions under siege. Vance's new book, 'Giving Up is Unforgivable,' serves as a manual for citizens who understand that surviving this moment (and thriving after it) is a massive team project. It’s okay to huff a little hopium sometimes, but only if it’s the good stuff.
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Janai Nelson, president of the NAACP Legal Defense Fund argued in defense of the Voting Rights Act in the pivotal Supreme Court case, Louisiana v Callais this week. Nelson joins Dahlia Lithwick on this episode of Amicus to probe the implications of the case for voting rights around the country, and the role of the Supreme Court in a democratic system. Nelson warns that while the consequences of losing Section 2 would be catastrophic, t many Americans are unaware how much of their democracy is undergirded by the rights accorded in the 14th and 15th amendments, and effectuated by the Voting Rights Act. Their conversation delves into the historical context of voting rights, the importance of precedent, and the unfinished, but essential, struggle for racial justice in America.
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Troops on America's streets, threats of “plenary powers”, and extrajudicial killings in the Caribbean have prompted members of the military past and present to say that we are in the biggest civil/military crisis since the Civil War. On this week's Amicus, how SCOTUS' immunity decision in Trump v. United States helped deliver us to this scary moment. Dahlia Lithwick speaks to Yale Law School military justice expert Eugene Fidell and former JAG Maj. General Steven J. Lepper about the impossible position the military's been put in by Trump and SCOTUS and how bad that is for all of us. The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military.
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Slate’s Dahlia Lithwick and Mark Joseph Stern are joined by Vox’s Ian Millhiser to discuss the upcoming Supreme Court term, which officially starts on Monday. The term begins with a slew of wildly significant cases that feel all but decided in the Trump administration’s favor already. That feeling of inevitability could perhaps be ascribed to the ongoing assault on democracy coming from the high court’s shadow docket, which will now spill over into cases argued on the merits. Dahlia, Mark, and Ian examine the effect of all this sloppy law on the public's perception of the court, and look ahead to upcoming cases on voting rights, campaign finance, conversion therapy, transgender rights, tariffs, and presidential power. They explore how the court's decisions reflect a shift towards a more partisan and less transparent judicial process, and ask whether there’s any hope of restoring the rule of law and healthy constitutional democracy in the future.
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The week ended with a Grand Jury Indictment of former FBI Director James Comey for what looks to be a pair of unprovable crimes. Indeed the US Attorney overseeing the case declined to bring the indictment for that very reason. He’s gone and Donald Trump’s personal insurance lawyer brought the case. Mark Joseph Stern and Dahlia Lithwick discuss what that means for the Justice Department.
Then Yale Law School’s professor Justin Driver reminds us that Supreme Court cases don’t just turn into vapors after they come down in June. The Supreme Court’s affirmative action decision from 2023 has fundamentally changed what college campuses look like and has opened the door to Trump Administration attacks on anything that even looks like racial justice efforts on elite campuses and throughout the country. Any one decision causes legal cascades that can and will be used against us.
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Dahlia Lithwick talks to First Amendment law professor Mary Anne Franks to explore the inversion of free speech in America this past week, and to trace the ways our assumptions about the First Amendment helped to tip us into this upside-down. Dr. Franks, author of Fearless Speech: Breaking Free from the First Amendment, explains the contradictions inherent in free-speech absolutism, the role of government in suppressing dissent, and the impact of media and entertainment on public discourse. What are we to make of a movement that screamed “jawboning” and “censorship” for a decade, but when handed power enthusiastically enacts actual governmental speech suppression and censorship? And what does the First Amendment mean if the powerful are consistently afforded maximum power in the “marketplace of ideas”?
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In this week’s episode of Amicus, we delve into the recent Supreme Court shadow docket order in Noem v. Vasquez-Perdomo, which in essence legalized racial profiling by roving ICE patrols, and in practice may have ushered in America’s “show your papers” era for Americans with brown skin, who speak Spanish, and/or go to Home Depot in work clothes. Join Dahlia Lithwick and Ahilan Arulanantham, a longstanding human rights lawyer and law professor, as they unpack what this unargued, unreasoned, unsigned and (in Kavanaugh’s case) uncited decision means for both immigrants and U.S. citizens, for 4th amendment doctrine, and for the lower courts expected to parse SCOTUS’ tea leaves. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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.Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required.
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There is a “stuckness” to American political life right now, which has become a seemingly inexorable centrifuge of polarization, victimization and power grabbing. The constitution is brandished as sword and shield, and also as though it is the word of God. Americans, it seems, have lost the ability to think creatively and expansively about the constitution, and our ability to amend it. On this week’s Amicus, Dahlia Lithwick is in conversation with Jill Lepore, whose new book “We The People: A History of The U.S. The Constitution is a thorough and bold excavation of a central, but utterly neglected part of America’s constitutional scheme: the amendment process. In her book, and in this interview, Lepore challenges Americans to rekindle their constitutional imaginations and really think about what the act of mending, repairing, or amending has meant through the nation’s history, and could mean for a country on the brink.
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In this episode of Amicus, Dahlia Lithwick discusses the recent deployment of the National Guard in Washington D.C. and its implications for checks and balances in the U.S. legal system. She is joined by Elizabeth “Liza” Goitein from the non-partisan Brennan Center’s Liberty and National Security Program, a leading expert on all things Posse Comitatus, the Insurrection Act, and the Pandora’s box of domestic military deployment in policing, and the legal frameworks governing it all. Together they explore the dangers of the administration’s current actions in the nation’s capital, and whether the president can act on his threats to expand them to cities that didn’t vote for him around the country.
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Women were prosecuted for experiencing miscarriage or stillbirth even before the Supreme Courtswept away the protections of Roe v. Wade. But these prosecutions have ramped up since, in both red and blue states. The stakes are ramping up too, with legislators introducing bills that would treat abortion as homicide, potentially subjecting patients to the death penalty. This week, Mark Joseph Stern talks with Karen Thompson, the legal director of Pregnancy Justice. They discuss what happens when the state decides a fetus, or even an embryo, has equal or greater rights than pregnant people. As fetal personhood legislation moves ahead in more and more red states, this concept is also seeping into the law in blue states. Women have been jailed because their pregnancies ended in a way the state disliked. Grandmothers have been prosecuted decades after pregnancy loss thanks to investigators using forensic genetic genealogy to hunt them down. As Thompson explains, a frightening frontier in the battle for bodily autonomy and reproductive rights is here, and it demands our attention.
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Law firms, universities, and businesses are bending the knee to the Trump administration at the slightest threat. Amid this shocking cowardice, blue states have been a bastion of defiance against the president’s escalating power grabs—with attorneys general leading the way. Mark Joseph Stern talks with New Jersey Attorney General Matthew Platkin, who has been on the frontlines of this battle since Day One.
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The official history of America’s founding is often told as a whites-only story, a heroic tale of wealthy white men forging a new nation—with no mention of the people they excluded, displaced, or oppressed. But who getsleft outof the story that “originalists” like to tell about the law? This week Mark Joseph Stern talks with Maggie Blackhawk, professor at NYU School of Law, and Gregory Ablavsky, a professor at Stanford Law School, about Native nations at the time of the founding, some of which were very much on the scene as the Constitution was being debated and ratified. What did they think about it? And does asking that question obscure a much more complicated—but more accurate—examination of the founding?
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It’s easy to give up on the courts right now. SCOTUS is throwing down unreasoned decisions expanding Donald Trump’s authority, and Senate Republicans keep confirming the president’s cronies to lifetime judgeships, tarnishing the entire judiciary with their corruption. But there are judges—courageous, hard-working men and women—who have chosen a different path and are fighting to protect democracy and restore our civil rights. In his new book, Better Judgment: How Three Judges Are Bringing Justice Back to the Courts (out Sept. 2), Reynolds Holding tells the story of three of these judges and how they are laying the groundwork for a post-Trump future in which the courts serve as guardians of liberty rather than instruments of autocracy. Holding speaks with co-host Mark Joseph Stern about these judges’ refusal to accept business as usual and vision of a court that truly delivers equal justice to all.
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Civil rights are under attack. The Supreme Court seems to have its sights set on the Voting Rights Act. The Trump administration, meanwhile, is taking every issue to the court knowing that it will never have to face accountability there. And with states like Texas considering unpopular redistricting plans, the administration may never face it at the ballot box either.
Put more bluntly, many of our elected officials are operating with a perceived immunity from accountability of any sort. This week Dahlia spoke about the deleterious effects of these actions on voting rights with Maya Wiley, president and CEO of The Leadership Conference on Civil and Human Rights. They discuss the damage done to our civil rights by the current Department of Justice, and what we can learn about accountability from recent developments in the Jeffrey Epstein scandal.
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Over the last six months, life has been upended for millions of people in America as Stephen Miller's extreme immigration policies have been unleashed. And while the first weeks of the second Trump administration saw some genuine pushback from the Supreme Court, six months in, that feint at checking and balancing has fallen away. On this week's Amicus podcast, Dahlia Lithwick welcomes Aaron Reichlin Melnick, Senior Fellow at the American Immigration Council. Reichlin Melnick last appeared on the show in the days after Trump's inauguration and the initial barrage of lawless Executive Orders targeting the immigration system and the millions caught in it. Half a year into Trump 2.0, and Stephen Miller's no-holds-barred anti-immigrant plan for America, what's stuck? What's accelerated? And in light of the new budget, what's next?
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In this episode of Amicus, Dahlia Lithwick sits down with Senator Sheldon Whitehouse to dissect the most recent Supreme Court term and its implications. They explore Justice Ketanji Brown Jackson's emerging role and influence, the patterns of bias within the court that she’s calling out, and the broader systemic issues facing the judiciary. Their conversation also delves into the “worst possible nominee” for a lifetime appointment to a US court of appeals, Emil Bove. Next, they tackle climate inaction, Democrats’ failure to respond to the billionaire takeover of the Supreme Court, and why Senator Whitehouse is still optimistic about challenging, even fixing, these systems.
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The Supreme Court wraps up a momentous term. Dahlia Lithwick, Mark Joseph Stern and guests break down the cases and the controversies, explaining what it means for you, and for American democracy.
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Dahlia Lithwick and Mark Joseph Stern answer your questions about threats to federal judges, how far religious opt-outs can go in public schools in light of Mahmoud v. Taylor, and whether or not the rule of law in America is, in fact, cooked.
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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Dahlia Lithwick and Mark Joseph Stern host the panel that’s guaranteed to help you understand what happened during the Supreme Court’s latest term – examining the major decisions, the emergency docket, and the evolving dynamics on the court. Dahlia and Mark welcome the New York Times’ Jamelle Bouie, civil rights lawyer and 14th Amendment scholar Sherrilyn Ifill of Howard University, and Professor Steve Vladeck of Georgetown Law to Amicus, to discuss the implications of the cases and the controversies of the term that just wrapped. Together, they offer close analysis of the court’s decisions and the various justices’ machinations, while stepping back to set it all in vital historical and political context.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox.
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The cataclysmic opinions from SCOTUS on Friday certainly suggest that the courts can no longer save us. In fact, in Trump v. CASA., we learned that it’s somehow not actually the job of the courts to save us from blatant violations of our rights. With universal injunctions drop-kicked and district court judges sidelined, it’s going to be nearly impossible to vindicate your rights in Trump’s America. No rights are safe when the only way to get relief is to sue the government yourself.
And yet in a definitely-not-planned-last-day-of-the-term-with-all-the-big-cases lineup, several other bad things happened as well. Hosts Dahlia Lithwick and Mark Joseph Stern discuss all of Friday's big decisions including Mahmoud v. Taylor, which will allow parents to opt-out of having to hear about LGBTQ+ people in schools.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus.
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In this member-exclusive Opinionpalooza episode of Amicus, Dahlia Lithwick and co-host Mark Joseph Stern discuss the Supreme Court's shadow docket decision in the case of DHS vs. DVD, which allows for the deportation of migrants to third countries without due process or notice, despite the potential for torture and death. The Supreme Court's majority chose the opaque system of an unsigned, unargued, unbriefed and unreasoned order to issue a body-blow to the rule of law, undermining lower court rulings and Congressional statutes, specifically the Convention Against Torture. Dahlia and Mark discuss the Supreme Court’s accelerating trend of granting sweeping powers to the executive branch without proper justification, all while the Trump administration continues its pattern of defying lower court orders. Not great! Also not great? A brand new whistleblower report from a former rising star at the Department of Justice, claiming that Trump judicial nominee and current senior DoJ official, Emil Bove, deliberately ordered subordinates to defy court orders.
This is a member-exclusive bonus episode, part of Amicus’ Opinionpalooza coverage of the end of the Supreme Court term. 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 Justices seem intent on packing their summer vacation bags and getting on their way.
Earlier in the week, the court’s conservative supermajority upheld a Tennessee ban on gender-affirming care for trans kids. The logic behind the decision was…lacking (Slate Plus members can hear about this right now). In this episode, Dahlia Lithwick talks to Chase Strangio, the lawyer for the Tennessee plaintiffs, about where we go from here.
Meanwhile, don’t miss the significance of Friday’s batch of rulings: co-host Mark Joseph Stern joins Dahlia to talk about the implications in cases seemingly about vaping and faxes and gas stations, but with much bigger implications. He also breaks down why Elena Kagan keeps joining the conservatives, and whether it foreshadows something bigger headed our way (light-at-end-of-tunnel-or-oncoming-train-dot-gif).
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining 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 this Slate Plus exclusive episode, Dahlia Lithwick and Mark Joseph Stern analyse the Roberts Court's decision in Skrmetti, effectively bans gender-affirming care for trans minors in more than 20 states.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. 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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America feels very different this weekend. While the president’s planned military parade (that just happens to coincide with his birthday) will see tanks and armored vehicles rolling through Washington DC, federalized National Guard and US Marines have been deployed to Los Angeles over the objections of state and city electeds, many of us are reeling from seeing a sitting US Senator forced to the floor and cuffed for trying to ask a question, and dozens of protests are planned around the country to declare “No Kings”. It’s. A. Lot. In this episode of Amicus Dahlia Lithwick is joined by Mark Joseph Stern to try to process some of the events of the last week, and to understand where the law stands on the key question of whether President Trump lawfully deployed troops quell anti-ICE raid protests in California that the administration is trying to claim are a “rebellion”.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.
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Money talks, and sometimes it speaks as law by fiat from the highest court in the land. In this episode of Amicus, Dahlia Lithwick delves into the impact of money on the judiciary and, eventually, on, democracy with Michael Podhorzer, a senior fellow at the Center for American Progress. They discuss how the many faces of big money in America, currently personified by Elon Musk and Donald Trump, have shaped the Supreme Court and government regulations. They explore the implications of recent court decisions, the downfall of unions, and the crucial role of collective action in preserving democracy. Michael Podhorzer also writes a weekly newsletter, Weekend Reading.
This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.
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This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday.
Dahlia Lithwick hosts an 'Opinionpalooza' special of Amicus, covering Thursday’s decisions from the Supreme Court. She and Mark Joseph Stern dive into Ames vs. Ohio Youth Department, discussing Justice Ketanji Brown Jackson’s opinion on reverse discrimination, Justice Sonia Sotomayor’s refreshing nod to the establishment clause in the Catholic Charities case, and Justice Kagan’s narrow decision in Mexico’s lawsuit against US gun sellers; a decision that was not the win the gun lobby hoped for. Together, they reveal the strategy emerging from the court’s liberals this term. The episode wraps up with a deep dive into an uptick in dismissed cases and its potential link to audacious former Supreme Court clerks.
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The end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned chicken scratch. Beyond the big merits cases concerning everything from birthright citizenship to healthcare for trans minors to racial gerrymandering to defunding Planned Parenthood, and beyond the brief, unbriefed, unargued emergency docket cases, the Supreme Court’s conservatives are in a power struggle with the very president they crowned quasi-king.
In a conversation recorded live on Friday at the WBUR Festival in Boston, Mark is joined by Professor Jed Shugerman of Boston University Law School, where they discuss the bad originalism and poor judgment that led to the Roberts’ court’s embrace of a little something called unitary executive theory that has become the Trump administration’s carte blanche.
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This week’s episode attempts to understand the ways in which the law of Trump unfolds along two tracks at the same time. First, Mark Joseph Stern joins us to talk about the Supreme Court’s decision to let Trump fire the heads of independent agencies, undermining a 90-year-old precedent in an unsigned, two-page decision on the shadow docket. This is a case in which Donald Trump’s agenda perfectly aligns with the wishlist of the conservative supermajority that controls the court. But if the court keeps giving Trump free passes to break the law now, why should we expect him to respect the court when it tries to draw the line later?
Then Dahlia Lithwick talks to the University of Chicago’s Aziz Huq about the idea of a “dual state,” a legal arrangement in which seismic changes happen in ways that are not perceptible to the bulk of the citizens. Drawing from the work of a Jewish lawyer who witnessed the dual state operate in Nazi Germany in the 1930s, Huq explains that authoritarians can seize the levers of the law to persecute disfavored groups, without disturbing the idea of the rule of law for the great majority of the nation.
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Our eyes this week were trained on the arguments over birthright citizenship at the Supreme Court on Thursday. While Solicitor General John Sauer advanced wild arguments on behalf of the Trump administration, four of the justices (hint: the women) seemed extremely suspicious of his motives. The five men? Not so much. Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to break down Trump v. CASA Inc. and the growing divide on the court between those who trust this president and those who don’t.
Although Thursday’s arguments touched on fundamental rights, SCOTUS made the strange choice to largely avoid the constitutional question and focus on a different one: Whether district courts have the power to issue “universal” injunctions that apply nationwide, as multiple courts did in order to protect birthright citizenship from the president. Judges have issued an unprecedented number of these orders against the Trump administration—in response to Trump’s unprecedented barrage of lawless executive orders. Some conservative justices seem perturbed by the explosion of universal injunctions. But it became clear on Thursday that this is the worst case for the court to use to rein them in.
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After Silicon Valley’s yeet to the right after Donald Trump was elected in 2016, and the DOGE-ification of the federal government (read: chaos and abuse as the driving ethos of HR), it felt like high time to delve into the evolving relationship between tech billionaires like Elon Musk and Peter Thiel and the U.S. government. Their influence has massive implications for core constitutional issues such as mass surveillance, privacy, and deregulation. Kara Swisher joins Dahlia Lithwick on this week’s Amicus to highlight the dangers of tech giants' encroachment on government oversight and the implications of AI and cryptocurrency.
This week’s episode concludes with a heartfelt tribute to Justice David Souter who died on Thursday. Dahlia and former Souter Clerk Mary-Rose Papandrea reflect on the late Justice’s humility, judicial philosophy, and the profound loss felt by his former clerks and the legal community.
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Whether it’s attempting to overturn birthright citizenship, effectively stripping citizenship from American children, or claiming Alien Enemy Act war powers under an imaginary invasion, Trump’s anti-immigrant moves are outlandishly unconstitutional. They are also being met with significant pushback from judges, even conservative ones. On this week’s Amicus, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern who explains the landmark ruling from a Trump-appointed judge in the southern district of Texas that declared the administration's use of the Alien Enemies Act is unlawful. Next, Amanda Frost, University of Virginia law professor and author of You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, joins Dahlia to explain what Birthright Citizenship really means, and all the ways Trump is working to redefine what it means to be an American, including stripping citizenship from children and denaturalizing adults.
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As we approach President Trump’s 100th day in office (this time around) this Wednesday, Dahlia Lithwick checks in with one of the key architects of the litigation strategy that is successfully confounding the administration’s most exorbitant executive overreach. After almost 140 executive orders and scores of associated lawsuits, it’s hard to keep track of the state of play. But Skye Perryman of Democracy Forward is on hand to help us think through the main strands of anti-authoritarian litigation, and to explore how some recent wins in court against Trump 2.0 are upending the administration’s attempt to style itself as an all-powerful unitary authority.
Next, Slate senior writer Mark Joseph Stern joins to discuss the Supreme Court's recent actions, including a significant order halting deportations to El Salvador, reflecting a growing judicial resistance to the administration's overreach and a confusing claim that Presidents work for . . . their lawyers?
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Ever since March 15, when three flights carrying hundreds of men who had been afforded zero due process left United States airspace and landed in El Salvador, American democracy has been hurtling toward an internal conflict that the federal judiciary would very much prefer to avoid, but just keeps getting more unavoidable. On this week’s Amicus podcast, Mark Joseph Stern is joined by Leah Litman for the first half of the show. They discuss how, faced with a Trump administration that claims the ability to rewrite the Constitution on the fly, denies the ability to follow court orders, and dangles the possibility of extending its lawlessness to renditioning American citizens to a foreign prison, the federal judiciary this week did what the Supreme Court failed to do last week: explicitly call out the regime’s lawless actions. Aptly, Leah’s new book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes, comes out on May 13 and they discuss how the highest court’s enabling of Trump and MAGA more broadly has brought us to the constitutional precipice.
Next: In the six months since the re-election of Donald Trump, abortion and reproductive rights have been squished way below the fold, news-wise, obscured by an ever-mounting pile of terrifying headlines. But outside of the public glare, the legal landscape of reproductive rights has been shifting. Dahlia Lithwick talks to Mary Ziegler about her book Personhood: The New Civil War Over Reproduction. Together, they examine how notions of fetal and embryonic personhood are fueling punitive actions against women, physicians, and those who provide or seek healthcare related to reproduction.
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On this week’s Amicus, autocratic creep in high and low gear. In high gear: The Supreme Court finally issued its order in Kilmar Abrego Garcia’s case, requiring that the government “facilitates” Abrego Garcia’s return from the El Salvadoran prison to which he was illegally and accidentally reditioned, but also recognizing the limits on its authority to direct the executive branch. Dahlia Lithwick talks to Slate senior writer Mark Joseph Stern about the ways in which the High Court’s attempts to avoid a showdown with the Trump administration may be futile.
Next, Dahlia turns to the autocratic creep in low gear that is President Trump’s buyout of Big Law. Jessie Weber, managing partner at Brown Goldstein and Levy, shares her view from a firm that has no intention of capitulating government bullying.
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Here’s a question for you. If you are scooped up by ICE (masked, covering badge numbers), then moved from one detention center to another in quick succession, before being hastily forced onto a flight to El Salvador where you are imprisoned in a “terrorism confinement center” beyond the jurisdiction of the United States –– at what point in that process could you access some kind of adjudicatory review? In this bonus episode of Amicus for Slate Plus members, Dahlia Lithwick tackles the Supreme Court’s shadow docket decisions in two overlapping but distinct cases stemming from the Trump administration’s renditioning of detainees to an El Salvadorean mega-prison which also happens to be a legal black hole.
Joined by Slate senior writer Mark Joseph Stern, they explore the legal and procedural concerns, the consequences for due process, and why five justices saw fit to reward the Trump administration for some very out-of-bounds behavior in the lower courts.
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The US government’s use of a prison in El Salvador as an extra-judicial due-process free black site has been rendered starkly visible by the story of one man they tried to disappear. On this week’s Amicus, Dahlia Lithwick interviews Simon Sandoval-Moshenberg, lawyer for Kilmar Armando Abrego Garcia, a Maryland resident, husband and father, who was illegally deported to El Salvador in March due to what the government admits was an administrative error. Abrego Garcia was abruptly detained by ICE, torn from his family, and sent to a brutal Salvadoran prison despite having legal protections against deportation. The Justice Department now says Abrego Garcia must remain in the notorious CECOT prison in El Salvador. On Friday a district court judge in Maryland ordered his return.
Next, we turn to the Trump administration's disastrous tariffs. Slate's Mark Joseph Stern joins Dahlia to explore the legality of Trump’s latest, inexplicable round of tariffs against the rest of the world, and debate whether the Supreme Court will apply its so-called “major questions doctrine” when a Republican is in the White House.
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The Trumpian inversion of reality was threaded into so many areas of the law and active litigation this week.
Slate senior writer Mark Joseph Stern joins Dahlia Lithwick to discuss the apparent evaporation of judicial patience for Trump lawyers simultaneously claiming that a signal chat was not classified or subject to record preservation rules, AND the flights to El Salvador that were filmed for posterity on arrival at a prison were in fact state secrets. Together, they also think through the likelihood of the Supreme Court stepping into the Alien Enemies Act case at this early stage by just taking the Trump administration at its word that those summary renditions were totally legal and constitutionally correct.
Next, Dahlia Lithwick talks to Wendy Weiser, vice president for democracy at the Brennan Center for Justice at NYU Law School, about another Trumpian inversion of reality: his executive order titled “Preserving and Protecting the Integrity of American Elections”, which in fact is not about election integrity, but instead an extension of the Big Lie election theory that could disenfranchise millions of eligible voters.
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If you’re overwhelmed by the sheer volume of lawless acts, constitutional crises (we count five), and huge Trump administration losses in court this week - honestly, same. But if anyone can render this swirling storm of lawsuits and orders and injunctions legible, and put them in terms that can help make sense of this moment, it’s Dahlia Lithwick. On this week’s show, Dahlia is first joined by Quinta Jurecic, a fellow in Governance Studies at the Brookings Institution and a senior editor at Lawfare, to discuss the deeply worrying shift in the Trump regime’s posture toward judges and the rule of law, that’s been playing out inside and outside the courts this week. Next, Dahlia speaks with a lawyer who secured a big win against Elon Musk and DOGE this week in one of the USAID cases. Mimi Marziani explains the litigation strategy, and its limits.
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In this urgent extra episode of Amicus, host Dahlia Lithwick and Slate's senior writer Mark Joseph Stern discuss the unfolding constitutional crisis triggered by the Trump administration's defiance of a court order to halt flights carrying Venezuelan migrants to be delivered to El Salvador’s so-called Terrorism Confinement Center - a vast foreign prison that could be described as a labor camp. Lithwick and Stern explore the timeline of events that unfolded in Federal Court Judge James Boasberg’s court this week, and on planes bound for El Salvador. Next, they try to parse the legal arguments put forth by the Justice Department, claiming apparently boundless power for President Trump to render anyone he deems a gang member. Finally, they discuss why the Trump administration has chosen this particular constitutional hill to die on, and how far Chief Justice John Roberts might be prepared to go along with it.
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Donald Trump continued his almost uninterrupted losing streak in the courts. Across the country we saw federal judges openly criticizing his Administration officials and their lawyers for overreach, bullying and misrepresentations about not only their cases, but about norms and values. But Trump has both judges and law firms in his crosshairs. On this week’s show, former US Attorney Preet Bharara joins Dahlia Lithwick to discuss the role of lawyers and law firms and legal norms in a crisis of lawlessness, and the extent to which court victories alone can save democracy.
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Elon Musk’s moves at DOGE have been legally dubious from the start. And the more we learn, the more questions we have about this not-an-agency helmed by Musk –– who is apparently both in charge, and also not in charge. That’s why we wanted to talk with Kate Shaw, University of Pennsylvania law professor and co-host of the Strict Scrutiny podcast, about the very real constitutional issues raised by DOGE and Musk and his minions. Shaw spoke with Dahlia Lithwick about what is and isn’t legal about DOGE, and the impossible bind that creates for government lawyers tasked with defending his devastation of the government.
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On Wednesday morning the Supreme Court dealt a blow to the Trump administration's effort to withhold $2 billion promised for foreign aid work. Dahlia Lithwick and Mark Joseph Stern discuss the Court’s decision to reject the Trump administration's request to halt a lower court's order, by a five to four vote, compelling the State Department to resume payments. While Chief Justice John Roberts and Amy Coney Barrett sided with the court's liberal justices, Justice Samuel Alito offered a “stunned” dissent, reacting to the Court’s surprising rebuke to the Trump administration with few facts but plenty of fury.
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This past week has seen firings at the Pentagon, an Executive Order targeting a private law firm, the installation of a podcaster and January 6 denialist as #2 at the FBI, and an incident in which an audience member at an Idaho townhall was wrestled to the ground and led away in zip ties by private security that answer to no lawful police entity. Is this what happens when the lawyers, police officers, military officials and other law enforcement organizations who are meant to keep us all safe, are sidelined or conscripted into lawless behavior?
On this week’s episode of Amicus, Dahlia Lithwick speaks to Asha Rangappa, a former FBI special agent, editor at Just Security and author of the substack The Freedom Academy with Asha Rangappa. Asha explains what happens when people who are hellbent on using the law to break the law achieve positions of power, and whether the safeguards still in place can hold.
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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,
American Immigration Council: After Day One: A High-Level Analysis of Trump's First Executive Actions
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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.
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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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, Coloradocomes 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.
Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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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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.
Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll 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 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 Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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."
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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
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.
Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
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.
Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
This episode is a part of Opinionpalooza. Slate’s coverage of the final weeks of the Supreme Court’s term. 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.
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.
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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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 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. Sign up for Slate Plus now to support our show.
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, 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.
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.
Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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?
Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 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.
Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. 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.Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
“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. Sign up for Slate Plus now to listen and support our show.
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Shreck. Shreck 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. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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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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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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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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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
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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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
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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. Sign up for Slate Plus now to listen and support our show.
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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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show.
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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.
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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.”
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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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
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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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show.
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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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
Podcast production by Sara Burningham.
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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.
Podcast production by Sara Burningham.
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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. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Podcast production by Sara Burningham. . Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show.
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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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
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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.
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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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. . Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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). Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen to the full interview and support our show. Go to Slate.com/RBG for more on all the women of the class. Find the print version of this interview here. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
Who were the nine other women of Harvard Law School's class of 1959? Justice Ruth Bader Ginsburg remembers them all. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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
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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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Stay in touch: amicus@slate.com, or find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Stay in touch: amicus@slate.com Find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.
Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. donorschoose.org/AMICUS Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. donorschoose.org/AMICUS Podcast production by Sara Burningham. Follow Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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”. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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." Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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). Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. This episode is brought to you by The Great Courses Plus. For one month free, go to thegreatcoursesplus.com/AMICUS. Learn more about your ad choices. Visit megaphone.fm/adchoices
This episode is brought to you by Simplisafe. Start protecting your home today at simplisafe.com/amicus. 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 amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Podcast production by Sara Burningham. This episode is brought to you by the following advertisers: Simplisafe, start protecting your home today at simplisafe.com/AMICUS. The Great Courses Plus, for 50% off your first three months, go to thegreatcoursesplus.com/AMICUS. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 whatnext@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
*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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by June Thomas. Learn more about your ad choices. Visit megaphone.fm/adchoices
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! Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by June Thomas. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please fill out the Slate podcast survey at slate.com/podcastsurvey Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.] 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 amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. 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 amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. 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 amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. 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 amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. 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 amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
Amicus is brought to you by The Great Courses Plus, a video lecture service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Amicus is brought to you by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. And by Blue Apron. Create delicious, home-cooked meals with fresh ingredients delivered right to your door. Get your first three meals free when you go to BlueApron.com/Amicus.
Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
Amicus is brought to you by Casper, an online retailer of premium mattresses. Get $50 toward any mattress purchase by going to Casper.com/amicusand using the promo code amicus.
And by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
Amicus is brought to you by Blue Apron. Blue Apron’s meal kits are delivered right to your door, and make cooking at home easy. Get your first three meals free by going to BlueApron.com/Amicus. And by First Republic Bank. First Republic is dedicated to providing extraordinary service and changing the way clients feel about banking. Visit firstrepublic.com to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. 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.
Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Amicus is brought to you by Casper, an online retailer of premium mattresses. Get $50 toward any mattress purchase by going to Casper.com/amicusand using the promo code amicus.
And by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
Amicus is brought to you by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. And by Blue Apron. Blue Apron’s meal kits are delivered right to your door, and make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
Amicus is brought to you by Casper, an online retailer of premium mattresses for a fraction of the price. Get $50 toward any mattress purchase by going to Casper.com/amicus and using the promo code Amicus. And by the Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
“[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. 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 Casper, an online retailer of premium mattresses for a fraction of the price. Get 50 dollars toward any mattress purchase by going to Casper.com/amicus and using the promo code Amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.
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 Blue Apron. For less than $10 per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. 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 Blue Apron. For less than 10 dollars per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Subscribe to our podcast here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us at Facebook here. Podcast production by Tony Field. Panoply Survey We want you to tell us about the podcasts you enjoy, and how often you listen to them. So we created a survey that takes just a couple of minutes to complete. If you fill it out, you'll help Panoply to make great podcasts about the things you love. And things you didn’t even know you loved. To fill out the survey, just go to www.panoply.fm/survey. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.” 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 hundreds of engaging lectures taught by top professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by Blue Apron. For less than 10 dollars per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Amicus is brought to you by Upstanders, a new podcast from Starbucks CEO Howard Schultz and Rajiv Chandrasekaran. Hear stories of ordinary people doing extraordinary things to create positive change in their communities. Listen and subscribe to Upstanders on iTunes now. 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 amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. Learn more at TheGreatCoursesPlus.com/amicus. And by Wunder Capital. Invest in large-scale solar project across the US. Create an account for free at Wundercapital.com/amicus. Invest in Wunder Capital’s solar funds. Do well and do good. Please let us know what you think of Amicus. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. And by Casper, an online retailer of premium mattresses for a fraction of the price. All Casper mattresses come with free delivery and returns within a 100-day period. Right now, get 50 dollars toward any mattress purchase by visiting Casper.com/amicus and using the promo code AMICUS. Please let us know what you think of Amicus. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. 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. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. 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. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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.) 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 amicus@slate.com. 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. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. 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. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show 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—"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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. 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 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.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 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.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 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at . Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com.Subscribe 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]. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 amicus@slate.com. 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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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 . Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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 Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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." Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices
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. Learn more about your ad choices. Visit megaphone.fm/adchoices