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Amicus With Dahlia Lithwick | Law, justice, and the courts Cover
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Amicus With Dahlia Lithwick | Law, justice, and the courts

English, Legal, 1 seasons, 318 episodes, 3 days 21 hours 40 minutes
About
A show about the law and the nine Supreme Court justices who interpret it for the rest of America.
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Fani Willis and a Tale of Two Ethics Violations

The future of the Fulton County, Georgia election subversion case against Donald J. Trump and many many accused co-conspirators was cast into doubt this week as the court saw evidentiary hearings in the defence’s motion to disqualify Fulton County AG Fani Willis. Dahlia Lithwick is joined by Slate’s chief Law of Trump correspondent Jeremy Stahl to discuss why, even with a very high bar for removing Willis from the case, the court was dragged through some tawdry details that are bound to come back to hurt the prosecution, one way or another. Later in the show, executive director and co-founder of Court Accountability, Alex Aronson, talks with Dahlia about what could possibly be done to make Supreme Court justices follow reasonable recusal guidelines (we’re looking at you, Justice Thomas), and whether the American electorate might at last be finding an appetite for court reform.  In the Slate Plus segment, Jeremy returns to the podcast martini lounge to discuss what might be the first
17/02/202453 minutes 32 seconds
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Is SCOTUS Afraid of Holding Trump to Account?

Oral arguments at the Supreme Court Thursday in Trump v. Anderson revealed a lot about some of the justices’ commitment to the primacy of originalism. Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, joins Dahlia Lithwick to discuss why his organization took up and pursued the long shot case to try to keep former President Donald J Trump off the ballot in Colorado. While the Supreme Court appeared to have little appetite for taking the big swing to find that Trump had disqualified himself from office when he engaged in an insurrection, Noah insists the case is far from having been in vain - eloquently highlighting the dangerous potential consequences of inaction. It's a chilling reminder of what’s at stake. Next, Dahlia is joined by slate senior writer Mark Joseph Stern to discuss whether the liberal justices have some grand bargain in mind as they offered multiple off-ramps for Trump’s side, despite dozens of bipartisan briefs arguing for Trump to b
10/02/202453 minutes 49 seconds
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The Trump Trials Doomsday Clock Just Ticked a Second Closer to Midnight

Subscribe to Slate Plus to unlock the full version of this emergency episode. After weeks of waiting, the DC Circuit Court of Appeals has handed down a decision in Donald J Trump’s appeal for sweeping immunity from prosecution for any of his actions while in office on grounds of a kind of post-presidential enduring presidenty-ness. The panel of three judges wrote: “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,”  In this extra episode of Amicus, exclusive to our Slate Plus members, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern and Slate’s jurisprudence editor Jeremy Stahl to answer the huge questions this decision now sparks - will the Supreme Court step in? If so, when? Are there votes to stay the decision while the court mulls, or to expedite a hearing? All of this, of course, is s
06/02/20246 minutes 34 seconds
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The Neglected Constitutional History That Disqualifies Trump

There haven’t been that many insurrections in the United States, which means the case law ahead of next week’s arguments in Trump v. Anderson (the 14th Amendment, Section 3 disqualification case) is pretty thin. And so we, and presumably the justices, must rely on text and history to understand the intent of the drafters of the Reconstruction Amendments. Civil war and reconstruction historian Professor Manisha Sinha, signatory of one amicus brief and cited in another, explains that the history is crystal clear. Trump must be disqualified from the ballot. After weeks of discussing concerns about the strategic, political implications of this case, this week Dahlia Lithwick tackles the text and the history head-on, in a case that’s almost a natural experiment in applying originalism on its own terms. See also:   Amicus Brief signed by 25 civil war and reconstruction historians (including Professor Sinha) Abraham Lincoln’s Lyceum Address Sean Wilentz: The Case for Disqualification, New Yor
03/02/202453 minutes 44 seconds
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Donald Trump and the Apex of MAGA Misogyny

Despite Donald Trump’s efforts, there will be a significant cost for his continued defamation of E. Jean Carroll (And it’s $83.3 million!!). For much of the proceedings he sat behind Carroll muttering under his breath and posting three-dozen times on Truth Social in one night about the unfairness of the judge and the court. But zoom out, and Trump’s actions at the trial and toward women generally have far bigger implications than the size of the check he’ll have to write. This week, Vanity Fair’s Molly Jong-Fast joins Dahlia Lithwick to explain how Trump has fanned the flames of GOP misogyny playing out in every aspect of our politics, from the GOP primary to the leadership in the House of Representatives to women who have been raped in states with no access to abortion. And she asks what it ultimately says about our justice system that 80-year-old E. Jean Carroll is the one prepared to take the stand against the man who assaulted her. In this week’s Amicus Plus segment, Slate’s Mark J
27/01/202436 minutes 24 seconds
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Greg Abbott and the Battle for the Texas Border

The immigration fight on the U.S. - Mexico border keeps getting uglier - not between the U.S. and its southern neighbor, Mexico, but between the federal government and a Texas administration apparently unconcerned by constitutional supremacy. Earlier this month, members of the Texas Military Forces took over a public park in Eagle Pass, TX at the behest of Gov. Greg Abbott. The park, on the banks of the Rio Grande, is near a frequently used border crossing. Last weekend, Texas forces blocked Federal Border Patrol agents from reaching a woman and two children who had drowned trying to cross the river into the United States.   The move by Abbott is certainly shocking, but it’s an example of ways the state is trying to intervene in federal police powers and responsibilities. In a series of increasingly urgent filings, the Justice Department is pleading with the Supreme Court to intervene to let Federal agents enforce Federal laws.  Rochelle Garza, president of the Texas Civil Rights Proje
20/01/202451 minutes 28 seconds
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The Supreme Court Gave Itself Huge Extra Powers and It’s Becoming a Big Problem

There’s an ever-growing queue of cases concerning Donald Trump headed for the Supreme Court that threaten to further dent the legitimacy of an institution that has tumbled in the public’s estimation in the last few years. This week’s show examines some of the interlocking issues raising the already sky-high stakes at One, First Street. First, Dahlia Lithwick kicks off the show with an update from Slate’s Law of Trump chief correspondent Jeremy Stahl about arguments in Trump’s immunity appeal at the DC Circuit Court this week. Next, we turn to a conversation with Professor Ben Johnson, an Associate Professor of Law at the University of Florida Levin College of Law. He recently wrote about the very long history of how the Supreme Court granted itself vast power to shape the law and policy by picking and choosing not only which cases it would hear, but also which questions it would answer when it hears those cases. Next week’s arguments in Loper Bright Enterprises v Raimundo are a case in
13/01/20241 hour 3 minutes 43 seconds
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Deja Coup: Donald Trump and the Slow Civil War

On January 6, 2021, supporters of Donald J Trump stormed the U.S. Capitol building hoping to stop Joe Biden from becoming president. Three years later, a quarter of Americans believe the FBI instigated the events of that day.   This week on Amicus, we’re trying to understand the myth-making that helped foment the riot, and the religious fervor that binds and buoys Trump’s supporters today. Dahlia Lithwick is joined by Jeff Sharlet, author of “The Undertow: Scenes From a Slow Civil War” to explore the stories and symbols that are shaping Trump’s march toward fascism, and to figure out what place the rule of law has in this struggle.  In this week’s Amicus Plus segment, Slate’s dynamic legal duo of Mark Joseph Stern and Jeremy Stahl break down the latest in Trump’s cascading court cases, and the Texas abortion case that’s on a fast track to the Supreme Court.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
06/01/202458 minutes 20 seconds
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The Very Worst of SCOTUS 2023

From the Chief Justice seeing the funny side of stalking and harassment, to Justice Samuel Alito’s tiny violin, to fighting in the footnotes and a bench dissent snapback, to THAT painting, it’s been quite a year at One, First Street. Dahlia Lithwick and Mark Stern are back with their bottom 10 picks for the Supreme Court’s worst moments of 2023. But don’t despair, there is a glimmer of hope, one part of the SCOTUS beat sucked less this past year… Stay tuned to hear Dahlia and Mark reveal what facet of the Supreme Court multiverse actually improved in 2023.  Sign up for Slate Plus to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
30/12/202356 minutes 13 seconds
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The Many Trials of Donald J. Trump

This week, the Colorado Supreme Court determined in a pivotal decision that Donald J Trump should not appear on the ballot in the state's Republican primary. Meanwhile the high court is already involved in the possible briefing of another Trump case (about presidential immunity) and has agreed to docket another involving the obstruction of the vote certification on Jan 6 2021. And we haven’t even mentioned the Georgia case. Basically, Trump is going to have a very lawyer-y 2024. So where do all these cases sit right now? Slate’s Jeremy Stahl joins Amicus host Dahlia Lithwick to give us an update. In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern joins the show to talk about Rudy Giuliani’s defamation lawsuit and the $150 million he owes election workers. Mark and Dahlia also discuss the latest in ProPublica’s continued deep dive into the finances of Clarence Thomas.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone
23/12/202345 minutes 8 seconds
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Texas Abortion Laws’ Cruel Outcomes

Earlier this week, the Texas Supreme Court said Kate Cox couldn’t have an abortion.Cox’s doctors had diagnosed the fetus with Trisomy 18, an almost certainly fatal genetic condition. On top of that, there were concerns about whether or not Cox would be able to have children again in the future if she continued with this pregnancy. None of this was enough for nine judges in Texas to allow Cox to have an abortion. Cox’s story isn’t unique. Amanda Zurawski almost died after a Texas court said she couldn’t have an abortion. Today, she’s the lead plaintiff in Zurawski v. State of Texas. She joins Amicus this week to show the real, human effects of the U.S. Supreme Court’s decision to overturn Roe v. Wade. Zurawski is joined by one of the lawyers representing her in the case, Jamie Levitt. In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern talks about another made-up case that this time, won’t make it to SCOTUS.  Sign up for Slate Plus now to listen and support our show. Learn mor
16/12/20231 hour 49 seconds
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Billionaires Had a Bad Week at the Supreme Court

When Moore v United States landed on the Supreme Court docket, it threatened to take a big swing at any future wealth tax and maybe cut the legs out from under the government’s ability to collect a lot of other tax. But as arguments unfolded Tuesday at One, First Street, it became clear that some of the Justices had studied up on the tax code and were cooling on blowing a big hole in it.  To understand why Moore made it all the way up to SCOTUS in the first place, and why the facts don’t match claims from the plaintiffs, Dahlia Lithwick is joined by law professor and author of Big Dirty Money, Professor Jennifer Taub. Together they talk about the billions behind the case, the tax law, and the arguments inside the chamber.  Next, Dahlia is joined by Slate’s Mark Stern, who covered Moore for the magazine, to discuss Justice Alito's non-recusal from the case, his BFF David Rivkin Jr., and why the plaintiffs Mr and Mrs Moore bear a striking resemblance to some other, recent, fabled SCOTUS
09/12/202348 minutes 39 seconds
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Remembering Sandra Day O’Connor

Former Supreme Court Justice Sandra Day O’Connor died Friday at the age of 93. Amicus host Dahlia Lithwick is joined by former O’Connor clerk and renowned First Amendment scholar RonNell Andersen Jones to talk about the Justice’s trailblazing career, her judicial philosophy, and the combination of humility and strength that marked her time on the court, and away from it.  Later in the show, Dahlia celebrates the joyous return of Mark Joseph Stern to share some big announcements AND to discuss SEC v Jarkesy. As Mark explains, the conservative justices seemed ready, willing, and able to take another swing at the administrative state (AKA functioning government). Mark Stern stays with us for this week’s Amicus Plus segment, taking us through some good ol’ vote suppressing stuff from MAGA-stacked lower courts choosing to ignore last term’s big voting rights decision in Allen v Milligan. Remember that time Chief Justice John Roberts and Brett Kavanagh saved voting rights? Turns out these lo
02/12/20231 hour 2 minutes 23 seconds
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From "The Political Scene": Trump's Vindictive Second Term Agenda

While Amicus takes a break to digest turkey and count our blessings, we're sharing this episode of The Political Scene from our friends at The New Yorker. In recent weeks, Americans have begun to get a clearer picture of what a second Donald Trump Administration could look like. Some clues have come from organizations like the Heritage Foundation, which has laid out policy proposals for the Trump campaign. Others have come from the former President himself. Trump has said he would appoint a prosecutor to “go after” Joe Biden and his family; on Veterans Day, this past weekend, he pledged to root out opponents and critics who he said “live like vermin within the confines of our country.” “Trump wants to get rid of all of these guardrails that protect the government from becoming a spoil system,” the staff writer Jane Mayer says, including by firing members of the federal civil service. Ultimately, how different would a second Presidency be from the last time that Trump was in the White H
25/11/202335 minutes 57 seconds
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Is The Federalist Society Over?

Donald J Trump is signaling a split with the conservative legal movement’s kingmakers, The Federalist Society. Instead, the presumptive Republican Presidential nominee is planning a radical (and radically lawless) remaking of American government in his image.  On this week’s show, Dahlia Lithwick is joined by Amanda Hollis Brusky, professor of politics at Pomona College and author of  Ideas with Consequences: The Federalist Society & the Conservative Counterrevolution, and coauthor of Separate But Faithful: The Christian Right’s Radical Struggle to Transform Law and Legal Culture. Together, they explore what the split between the right’s legal project of 40 years and the man who hopes to be the next Republican President means for the law, the rule of law, and the U.S. Supreme Court.  In this week’s Amicus Plus segment, Dahlia is joined by Jay Willis of Balls and Strikes to discuss the Supreme Court’s new ethics code. Spoiler: It’s not really new. As Jay says, think of it more like frat
18/11/202346 minutes 44 seconds
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Dunking On Trump's Lawyers Might Not Be The Win You Think It Is

If we are to take Donald J. Trump seriously (and at this stage it’s surely a fool’s errand not to), then the rule of law and democracy are on the line if (when) he becomes the Republican nominee for 2024. What role will the former President’s many many legal woes play in the coming months? A clearer picture is emerging after testimony for the prosecution wrapped in the civil fraud trial against Trump and his adult sons in their roles at the helm of the Trump Organization in New York City this past week. That picture is of a political candidate claiming to be the victim of an unprecedented legal witch hunt. In other words, as the trials proceed within the courts, a political trial is underway on the courtroom steps, at campaign stops, and in the media. On this week’s show, Dahlia Lithwick is joined by Professor Eric Posner, of the University of Chicago Law School, author of The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump, to discuss political trial
11/11/20231 hour 3 minutes 35 seconds
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The Right to Bear Arms and Terrorize Your Partner

Next week, the Supreme Court will hear arguments in one of the most significant—and potentially deadly—cases of the term - United States v Rahimi. The case, a follow on from New York State Rifle & Pistol Association Inc. v. Bruen, has the potential to weaponize the court’s Second Amendment extremism against victims of domestic abuse and protect adjudicated abusers. Dahlia Lithwick is joined by gun safety advocate Shannon Watts, founder of Moms Demand Action, to find out the potential real life-and-death consequences of pursuing originalism literally back to when women were property and muskets were muzzle-loaded. They also discuss why the right is so keen to pursue gun rights through the courts, rather than through the democratic process.  In this week’s Amicus Plus segment, Dahlia is joined by Jay Willis, editor in chief of Balls and Strikes, to discuss oral arguments in a pair of cases concerning First Amendment concerns when politicians block dissenting voices on social media, the
04/11/202346 minutes 29 seconds
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Watching Trump Shrink in Court

On this week’s show, Dahlia Lithwick is joined by Slate’s Jurisprudence Editor, Jeremy Stahl. Jeremy is also the lucky person tasked with helming Slate’s coverage of the many many criminal and civil trials of Donald J Trump and Amicus listeners can expect to hear a lot from Jeremy over the next year. After a week of big news across a number of the former President’s courtroom battles, Jeremy gives us a survey of the legal landscape and some vital pointers about what really matters, what’s nonsense, and what we should be watching and listening for in the coming weeks. In this week’s Amicus Plus segment, Jeremy Stahl sticks around to have a behind the scenes chat about how Slate’s jurisprudence team is tackling the thorny issue of reporting on the Trump trial - sorting wheat from chaff and stakes from horse race.  Sign up for Slate Plus now to listen and support our show.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Am
28/10/202353 minutes 7 seconds
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Donald Trump's John Gotti Moment

As MAGA Republicans engage in extremist arm wrestling in the House Speaker race, and the sins of the 2020 election subversion scheme catch up with Donald Trump’s closest allies, Dahlia Lithwick is joined by brand new MacArthur “genius grant” recipient Ian Bassin of Protect Democracy to take a look at the stakes of this moment for American democracy. An attempt to walk and chew gum at the same time, Protect Democracy’s work focuses on the incremental ways the law can be applied to protect election workers and inhibit disinformation, while also looking to the big constitutional and cultural questions we have to answer if we’re going to reject authoritarianism. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
21/10/202355 minutes 37 seconds
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Justice Samuel Alito Got Out Of Bed on The Perry Mason Side

In this week’s big voting rights case, Alexander v. South Carolina State Conference of the NAACP, the Supreme Court heard arguments concerning whether to uphold a South Carolina congressional map that is avowedly partisan (everyone agrees it favors Republicans, but partisan gerrymanders are A-OK under SCOTUS precedent). What is disputed here is whether the mapmakers relied on race to reach their partisan aims. A three-judge panel in South Carolina found it to be a racial gerrymander, and threw out the map. In arguments on Wednesday, it became clear that the high court’s conservatives would rather toss out the evidence the lower court used to reach its decision, an unusual move for the highest court in the land, but perhaps the bed it’s made for itself after ruling partisan gerrymanders non justiciable in Rucho v. Common Cause in 2019. And so SCOTUS cos-played as a trial court for two hours on Wednesday. On this week’s Amicus, Dahlia Lithwick is joined by Leah Aden, senior counsel at t
14/10/202349 minutes 53 seconds
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Senator Elizabeth Warren is Deeply Worried About SCOTUS

Following oral arguments in a case aimed at demolishing Senator Elizabeth Warren’s brainchild - the Consumer Financial Protection Bureau, Dahlia Lithwick is joined by Senator Warren to talk about how far this Supreme Court is prepared to go to fulfill right wing deregulatory fantasies.  Next, Dahlia talks to investigative reporter Andrea Bernstein, part of the team behind We Don’t Talk About Leonard, a new podcast collaboration between ProPublica and On the Media. Andrea explains the mechanisms developed by Leonard Leo that have reshaped the courts over the past two decades, drawing a line from Leo’s state-level judicial influence campaigns, to that Alaskan fishing trip involving Justice Samuel Alito, to this week’s arguments in the payday loan case CFPB v CFSA. In this week’s Amicus Plus segment, Andrea Bernstein sticks around to talk us through this week in court in New York City, in former President Donald Trump’s business fraud trial. Why did he choose to sit and glower and what di
07/10/20231 hour 6 minutes 12 seconds
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A Monumental SCOTUS Term Begins: Our Reluctant Curtain-Raiser

Refusing to play the traditional first Monday in October game, Dahlia Lithwick and Mark Joseph Stern squint through the cloud of ethics scandals enveloping the High Court to see a docket aimed squarely at unfettering commerce from outside supervision, with a side order of second amendment extremism. What could possibly go wrong? 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
30/09/202358 minutes
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SCOTUS Is Not Done With Guns and Abortion

Dahlia Lithwick is joined by Ryan Busse, a former gun-industry executive turned gun-safety advocate, who is now running for governor in his home state of Montana. As the right to bear arms for domestic abusers is set to be argued at SCOTUS this term, Dahlia and Ryan discuss how gun culture has been radicalized in order to… sell more guns. They also examine how that radicalization has reached the Supreme Court, and threatens our safety, and our democracy.  Next, Dahlia is joined by Alison Block MD, a family doctor and abortion provider who is also executive producer and host of The Nocturnists podcast’s Post-Roe America season. The season lifts the voices of healthcare workers and abortion providers around the country, scrambling to survive in the confusing legal landscape created by Dobbs. The conversation highlights the impossible bind for red state abortion providers forced to choose between caring for patients and criminalization, and how providers in neighboring states are trying t
23/09/20231 hour 14 minutes 13 seconds
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The Supreme Court We Deserve?

Dahlia Lithwick is joined by award-winning documentarian and lawyer Dawn Porter for a conversation about two projects shining a light on the law and how we can shape it: Porter’s new Showtime documentary series Deadlocked: How America Shaped the Supreme Court, and the paperback release of Dahlia’s book Lady Justice: Women, the Law, and the Battle to Save America.  Together they trace the political shifts and cultural earthquakes from the Warren Court to the Burger, Rehnquist and now Roberts Court, and they discuss how the courts current crisis of legitimacy cannot be cured with a moratorium on criticism. In both Lady Justice and Deadlocked a truth surfaces: when it comes to the rule of law, there is no “plan b”, so the challenge to Dawn’s audience, Dahlia’s readers and Amicus listeners is the same: to use the law as a tool for progress and justice.  Sign up for Slate Plus now to listen and support our show.  Dahlia’s book  Lady Justice: Women, the Law and the Battle to Save America,
16/09/202355 minutes 20 seconds
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Alabama Double-Dares SCOTUS Over Voting Maps

Dahlia Lithwick is joined by Marc Elias, who has litigated more election and voting cases than almost anyone, to talk about Alabama’s disregard for SCOTUS’ decision in the big Voting Rights Act case of last term, and why the lawlessness is the point. They also delve into the dangers of tying the disqualification of former President Donald J Trump from office under Section 3 of the Fourteenth Amendment to the outcomes in his criminal trials. And why, when it comes to defending democracy, depending on the courts may make sense in the short term, but faces serious problems in the long term. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss Justice Samuel Alito’s chosen venue to publish a love letter to Senator Dick Durbin, Chief Justice John Roberts’ chosen venue to publish a love letter to Justice Brett Kavanaugh, and why a major religious freedom case is looking more and more like a fake spike.   Sign up for Slate Plus now to listen and suppo
09/09/202351 minutes 52 seconds
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Citizen Justice: The Environmental Legacy of William O. Douglas

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
26/08/202356 minutes 50 seconds
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The Family Roe

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
12/08/202354 minutes 51 seconds
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The Fear of Too Much Justice

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.  Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
29/07/202350 minutes 36 seconds
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Zero-Sum Justice

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
15/07/20231 hour 15 minutes 21 seconds
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Supreme Arrogance

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
08/07/20231 hour 4 minutes 38 seconds
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MAGA SCOTUS Is Back

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 administrati
01/07/20231 hour 18 minutes 8 seconds
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The End of Affirmative Action

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
29/06/202334 minutes 31 seconds
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Moore v Harper Was a Win for Democracy, A Big Loss For Donald Trump

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. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
27/06/202329 minutes 32 seconds
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Supreme Court Politics One Year On From Dobbs

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 tensio
24/06/20231 hour 3 minutes 2 seconds
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Samuel Alito and The Billionaire

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.  Sign up
21/06/202334 minutes 36 seconds
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SCOTUS Wants To Drain The Swamp, Too

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 Don
17/06/202345 minutes 3 seconds
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Is A New Supreme Court Emerging?

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,
15/06/202334 minutes 50 seconds
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Can Trump Outrun The Law?

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 c
14/06/202331 minutes 30 seconds
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The Trump Indictment

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 Mill
10/06/202357 minutes 42 seconds
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Did John Roberts Really Just Save Voting Rights?

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
08/06/202329 minutes 58 seconds
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How SCOTUS Enabled The Explosion of Anti-Trans Laws

This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox. On this week’s Amicus, a sobering interview between Dahlia Lithwick and the ACLU's Chase Strangio. Chase is deputy director for Transgender Justice with the ACLU’s LGBT and HIV Project and a nationally recognized expert on trans rights. . The sheer number and breadth of proposed new laws targeting trans people is breathtaking, and they are coming from some familiar quarters if you follow the Supreme Court and abortion law. This conversation helps to set the stage for the end of the Supreme Court’s term by looking beyond the cases being decided this month at One, First Street, and toward the legal landscape, and the systems an
03/06/20231 hour 5 minutes 20 seconds
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Fixing The Court, One Story at a Time

Take your seats for a live show from Washington DC this week. This live show is part of Slate’s Full Court Press coverage, a provocation for the fourth estate to hold the third branch of government to account. Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, Elie Mystal of The Nation, and Jay Willis of Balls and Strikes. As we perch on the precipice of another slew of catastrophic decisions this June, they unpack how Supreme Court reporting has failed to meet the moment - and crucially, what to do about it.  In this week’s Amicus Plus segment, listeners will hear the question and answer segment of the live show - with piercing audience questions such as: "Why do so many Democrats fail to take the court seriously?, and some vital advice for law students from Elie Mystal and Jay Willis. (Spoiler: Don't be Tom Cotton) Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
27/05/202352 minutes 54 seconds
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Bonus: SCOTUS Nukes Wetlands Protections

In this bonus episode for Amicus Plus listeners, Dahlia Lithwick and Slate’s Mark Joseph Stern discuss the latest biggest Supreme Court decision: Sackett v EPA. It’s good news for developers and polluters, bad news for the rest of us. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
26/05/20233 minutes 34 seconds
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E. Jean Carroll and the Lawyer Who Beat Trump

Get your tickets for Amicus Live in Washington DC on May 24th here: https://slate.com/live/amicus-live-may-24-in-washington-d-c-full-court-press.html Dahlia Lithwick is joined by a pair of legal history-makers, E Jean Carroll and Roberta Kaplan. They discuss the landmark defamation and sexual abuse case they won against former President Donald J Trump; how the case came together, what tipped the balance in court, if vindication lasts, and what happens when the defendant won’t stop doing the same defamation over and over again. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the Mifepristone arguments at the 5th Circuit, North Carolina’s abortion ban, and why Justice Kagan and Sotomayor are duking it out in the footnotes over Andy Warhol.  Sign up for Slate Plus now to listen and 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
20/05/202353 minutes 11 seconds
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The Supreme Court's Dangerous Return to Its Roots

Get your tickets for Amicus Live on May 24th.  On this week’s Amicus, we head to Seattle for a live taping of the show at the Cross Cut Festival with guest Michael Waldman, President of NYU Law School’s Brennan Center. Dahlia Lithwick asks him about his new book, THE SUPERMAJORITY: How the Supreme Court Divided America, and what the ongoing ethics scandals and plummeting public approval for the court mean for our democracy. They also look ahead to next month when the court’s legitimacy may be stretched even further by major decisions that fly in the face of the majority of public opinion. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the decisions that came out this week concerning pork producers and public corruption, which delivered some surprising and depressingly unsurprising opinions. They also try to figure out how many more times E Jean Carroll might have to sue Donald Trump to halt his defamation demolition derby. Sign up for
13/05/202348 minutes 59 seconds
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Clarence Thomas and the Billionaires

After weeks of controversy, piled upon intrigue, heaped with scandal and topped with crisis at the Supreme Court, it can be hard to get your bearings. What’s illegal, what’s unethical, what’s just a bit hinky? And what does it really mean for an institution that is about to hand down decisions that reach into every part of our lives, from justice to climate, from youtube to universities? On this week’s Amicus, Dahlia Lithwick is joined by Lisa Graves from True North Research. Lisa ia a veteran investigator of the dark money spigot that has been flooding the Supreme Court and rewarding some of the justices, and the causes and people close to their hearts. If you can’t see the woods for the trees, Lisa will paint you a picture. And that painting will, of course, include; Clarence Thomas, Leonard Leo, Harlan Crow and Mark Paoletta.  In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the possible end of Chevron deference the impacts for the admi
06/05/202347 minutes 47 seconds
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John Roberts’ Unfunny Stalking Jokes at SCOTUS

As laughter ricocheted around the Supreme Court chamber Wednesday, Professor Mary Anne Franks wondered if she could quite believe her ears. The matter of some hilarity, it seems, were messages sent by a convicted stalker to his victim. Individual messages that were among what one detective estimated to number in the hundreds of thousands - possibly as many as one million messages - sent by Billy Raymond Counterman to singer Coles Whalen. Counterman’s campaign of harassment drove Whalen away from performing, indeed drove her away from her home state. She moved across the country to get away. On this week’s Amicus, Dahlia Lithwick is joined by Professor Mary Anne Franks to discuss Counterman v Colorado and how the details of a cyber-stalking case were lost to free speech concerns about trigger warnings and "sensitivity". You can read Prof. Franks’ powerful piece on this here.  In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the big fat settle
22/04/20231 hour 1 minute 56 seconds
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Anti-Abortion Lawyers Love this Zombie Law

There’s a terrible legal Easter egg in Judge Matthew J. Kacsmaryk’s ruling on the abortion medication, Mifepristone. And that same Easter egg makes an appearance in the Fifth Circuit’s partial stay. It’s the Comstock Act - a mostly forgotten 19th century vice statute that is suddenly the anti-abortion movement’s favorite zombie legislation. On a special extra episode of Amicus, Dahlia Lithwick is joined by Mary Ziegler, an expert on the law, history, and politics of reproduction, health care, and conservatism in the United States from 1945 to the present. Together, they tackle the chaos upon chaos of the past week’s medication abortion cases, and take a long hard look at the next steps in the anti-abortion movement’s fight for a nationwide ban.  In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the “quid pro Crow” of Justice Clarence Thomas’ real estate deals with GOP mega donor, and avid court-watcher, and amicus-brief-funder Harlan Crow.  Si
15/04/202334 minutes 33 seconds
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Tennessee-Style Power Grabs are Coming to a State House Near You

On this week’s Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention. Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck’s book, The Shadow Docket -  How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate P
08/04/20231 hour 12 minutes 57 seconds
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What To Expect When You're Expecting An Indictment

On this week’s Amicus, Dahlia Lithwick talks with Andrew Weissmann, former lead prosecutor in Robert S. Mueller’s Special Counsel’s Office and former Chief of the Fraud Section in the Department of Justice from 2015 - 2019. Together, they tackle the tangled web of investigations into the former President, and the trajectory of possible indictments. And Andrew helps us hone in on some crucial details we may have missed in the fog of building barricades outside the Manhattan Criminal Courthouse. Andrew Weissmann’s book, Where Law Ends, was published by Random House in 2021 In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to understand how Trump judges could tank the economy, the latest on abortion in states trying grapple with the (entirely predictable) deadly consequences of the Dobbs decision, and why all this underlines why the Wisconsin Supreme Court election really matters.   Sign up for Slate Plus now to listen and support our show. Learn more ab
25/03/202349 minutes 7 seconds
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Lessons from The Trump Years for SCOTUS

Dahlia Lithwick is joined by political analyst Michael Podhorzer (ex AFL-CIO, now newly-minted substacker). Michael was one of the all-hands-on-deck responsible for shoring up the 2020 election against subversion, he’s a political data geek,  and for Amicus’s purposes - he’s someone with a fascinating take on the Supreme Court, and all the ways we fail to truly understand it. Hear why Michael doesn't care about Leonard Leo, the lessons learned in the Trump years that we should be applying to the court, and the overarching agenda that both motivates and shapes the court’s jurisprudence.   In this week’s Amicus Plus segment, Mark Joseph Stern is away, so Dahlia is joined by the Award Winning™  Leah Litman to talk about loan forgiveness and major questions, the Texas suit being brought by women seriously harmed by the state's abortion ban, and the alarming implications of an amicus brief in an Indiana abortion case that questions the religious sincerity of, well, anyone who backs abortion
11/03/202351 minutes 27 seconds
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SCOTUS on the Internet: “It’s Complicated”

For every person screaming about Section 230 (looking at you, Ted Cruz), there are approximately 0.0000001 Danielle Citrons, i.e. folks who actually understand it, what it does, and how it might be tweaked or interpreted to do better. Luckily, we have a whole Professor Danielle Citron on this week’s show. Professor Citron not only manages to make sense of Section 230 for us, she also takes us through this week's internet cases involving Twitter and Google, and content moderation and liability. She explains how eight out of nine justices apparently failed to read the briefs, instead deciding on an "it's so hard" shruggy head-scratch strategy instead. Danielle Citron’s latest book is The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to look ahead to next week’s arguments about the Biden administration’s student debt forgiveness program, and to romp through some of the decisio
25/02/202355 minutes 17 seconds
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The "Stop the Steal" Fight That Never Ended

Wisconsin’s State Supreme Court heard one of the landmark cases of the 2020 presidential election. During oral arguments in Trump v Biden in December 2020, Justice Jill J Karofsky participated in proceedings via Zoom from her office inside the state capitol in Madison. Outside her office window, she could see armed protesters gathered in what she later viewed as a dry run for January 6th. In a 4-3 decision, with one Republican justice siding against Trump, the Wisconsin Supreme Court voted to uphold Biden’s victory in the state. On this week’s Amicus, Justice Karofsky speaks for the first time about the fallout from that case: Fallout in her personal life, for herself and loved ones. Fallout in her professional life, with an investigation and the threat of sanction for her line of questioning in oral argument. And beyond all that, the fallout for democracy—and for the role of jurists within that democracy.  In this week’s Amicus Plus segment, Dahlia Lithwick is joined by Slate’s Mark
11/02/202351 minutes 34 seconds
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Absolutely No One Is Happy With the Dobbs Leak Investigation

First, there was the Dobbs case. Then there was the leaked opinion in the Dobbs case. Then there was the investigation into the leaked opinion in the Dobbs case. Then there was the report on the investigation into the leak. Then there was the supplemental report from the Marshal on the report on the investigation into the leak. AND THEN there was the revealing reporting from the NY Times’ Jodi Kantor on a court roiled by reports and investigating and leaks. This week, Dahlia Lithwick is joined by Jodi Kantor to dig through the reports, reporting and repercussions for the people who are inside One, First Street, and for the baffled majority who aren’t. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to try to figure out why it’s taking so long for SCOTUS to hand down opinions this term, and to examine the very first decision of the term, disappointing in its unanimity and its negative impact on veterans.  Sign up for Slate Plus now to listen and support
28/01/202339 minutes 40 seconds
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The Labor Case Before SCOTUS Has Big Implications for Democracy

Amicus is sponsored by Betterhelp. The Supreme Court of the United States got back into the swing of things its first week back after New Years, with a case about cement workers and the rights of organized labor. The “swing” the court was getting “back into” with this case was potential precedent-busting. Dahlia Lithwick is joined on this week’s show by Terri Gerstein, director of the State and Local Enforcement Project at Harvard Law School’s Center for Labor and a Just Economy, to discuss what this case could mean for worker’s rights, and for democracy more broadly.  Next, Dahlia is joined by Brad Meltzer, a serial best selling author of so many kinds of books. This week Brad has two books coming out, I Am John Lewis for the kids, and The Nazi Conspiracy - The Secret Plot to Kill Roosevelt, Stalin, and Churchill. Brad and Dahlia discuss legal writing, book bans, and what these two seemingly very different books have in common.  In this week’s Amicus Plus segment, Dahlia is joined by
14/01/20231 hour 13 minutes 35 seconds
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Why are We Still Obsessed with Roe v Wade?

For some, 2022 was the year Roe v Wade was overturned. For millions more, abortions rights had been functionally inaccessible for decades. Beyond shaky precedent, Roe was a vessel into which America threw all sorts of hopes, beliefs and fears. But how did this legal decision become a symbol of so much? On this week’s show, host Dahlia Lithwick is joined by abortion law expert Mary Ziegler, who’s new book, Roe: The History of a National Obsession, tries to find the roots of Roe’s incessant pull, and to unpack the meaning from the meta.  In this week’s Amicus Plus segment - the worst of jurisprudence 2022. In a year marked by quite a few legal gut punches, Dahlia is joined by Mark Joseph Stern to run through the most bonkers rulings from the most out-of-control federal judges. They also find a path to hope for justice in 2023.   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 r
31/12/202253 minutes 2 seconds
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“Is This How We Do Law Now?”

The highest court in the land has ignored the need for standing, the trial record, and of course precedent this past year––and it matters.  Host Dahlia Lithwick is joined by Sherrilyn Ifill, former president and director-counsel of the NAACP Legal Defense and Educational Fund, and a senior fellow at the Ford Foundation. They discuss Sherrilyn’s thought-provoking piece this month in the New York Review of Books, which opens out into a big-picture discussion of what this Supreme Court’s tendency to reach out and grab cases, and erase trial records, or fill in the blanks on standing, even on claims, means for whose voices are heard at the highest court in the land, and who merits consideration in its decisions.   In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about oral arguments in the big elections case concerning the Independent State Legislature Theory (Moore v. Harper), and in the Oregon wedding website case that threatens civil rights public-accomm
17/12/202257 minutes 11 seconds
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The Blockbuster Case You Probably Haven’t Heard About

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 c
03/12/202258 minutes 21 seconds
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Religious Liberty and the Right to Vacation in Jackson Hole

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 La
23/11/202233 minutes 1 second
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When You Take Away the Kids, You Take Away the Future

“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 sta
19/11/20221 hour 4 minutes 28 seconds
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Affirmative Action on the Chopping Block

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
05/11/20221 hour 11 minutes 29 seconds
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The Supreme Court Case that Could Upend Democracy

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 mega
22/10/202257 minutes 19 seconds
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Bonus: Time to Celebrate Some Wins

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
18/10/202211 minutes 29 seconds
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Justice Ketanji Brown Jackson Gives SCOTUS a History Lesson

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
08/10/20221 hour 6 minutes 18 seconds
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A Hair-Raising SCOTUS Curtain-Raiser

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
01/10/20221 hour 2 minutes 55 seconds
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Listen to Lady Justice

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
26/09/202210 minutes 50 seconds
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The Sound of Worms Turning

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 exc
24/09/20221 hour 1 minute 5 seconds
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Lady Justice and Charlottesville Nazis

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
17/09/202245 minutes 35 seconds
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The Law v Lawless Edition

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 ne
10/09/202248 minutes 24 seconds
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The Clash Between Privacy and Freedom of the Press

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
27/08/202252 minutes 46 seconds
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Judge Victoria Pratt’s “The Power of Dignity”

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. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
13/08/20221 hour 34 seconds
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What the Dobbs Decision Means to Me

In the second of Amicus’ Summer Series of interviews that step out of the day to day of jurisprudence to look at justice and the Supreme Court through a wide-angle lens, Dahlia Lithwick is joined by actor and playwright Heidi Schreck. Schreck created and starred in the Pulitzer Prize and Tony Award - nominated “What the Constitution Means to Me” and is a fierce advocate for abortion rights. Together, they try to locate the spot at the intersection of politics, law, culture, media and art that might provide a space to adequately describe the impacts of the Dobbs decision. And that is where they find the galvanizing forces and creative feats of imagination that have served previous generations in the fight for equal rights, and that will fuel the fight to come.  Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
30/07/202258 minutes 10 seconds
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Eric Holder's Supreme Court Protest

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
16/07/202249 minutes 49 seconds
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A Supreme Court Term Like No Other

Dahlia L​​ithwick 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.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
09/07/20221 hour 8 minutes 24 seconds
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SCOTUS Wraps, Precedent Collapses, and KBJ Takes her Oath

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 de
02/07/20221 hour 19 minutes 45 seconds
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Slate Plus Bonus: Praying at the 50 Yard Line and Dunking on the Libs

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.  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
28/06/20226 minutes 53 seconds
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Just Doing The Job They Were Put On The Court To Do

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
25/06/20221 hour 56 seconds
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Slate Plus Bonus: Carson v Makin

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,  Slate Plus members have access to the whole interview.  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
23/06/20224 minutes 29 seconds
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Somewhere, John Roberts is Screaming into an Expensive Pillow

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 choic
18/06/202254 minutes 22 seconds
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The January 6th Committee Revelations You Might Have Missed

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
11/06/202259 minutes 26 seconds
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Our Guns Problem is a Democracy Problem

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.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad
04/06/202257 minutes 2 seconds
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When a Shooter Comes to Your School

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
28/05/202230 minutes 8 seconds
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Why the Coming January 6th Hearings are So Important

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 con
21/05/202248 minutes 39 seconds
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Learning from Pre-Roe to Navigate Post-Roe

In a special live panel discussion in partnership with the Crosscut Festival, this week’s Amicus tackles the post-leak landscape and potential post-Roe fallout from Justice Samuel Alito’s draft opinion in Dobbs. An all-star panel, featuring law professor and podcast host Melissa Murray, journalist and bestselling author Jessica Bruder, and Slate’s news director Susan Matthews—host of the upcoming Season 7 of Slow Burn focusing on the road to Roe v Wade—get together to discuss the past, present, and future of reproductive liberty.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
05/05/202253 minutes 54 seconds
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The (draft) Opinion of the Court on Abortion

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
04/05/20225 minutes 9 seconds
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Rewriting Statutes Via Courts

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
23/04/202240 minutes 15 seconds
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Fundamental Rights Doublespeak

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
09/04/20221 hour 19 minutes 19 seconds
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Ketanji Brown Jackson: Asked and Answered

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. Podcast production by Sara Burningha
26/03/20221 hour 7 minutes 8 seconds
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A Ketanji Brown Jackson Confirmation-Hearing Preview

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
19/03/20225 minutes 36 seconds
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Anita Hill on the Supreme Court’s Future

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
12/03/20221 hour 28 seconds
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Why “Cheap Speech” Threatens Democracy

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. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
05/03/202231 minutes 22 seconds
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And the Nominee Is … Judge Ketanji Brown Jackson

As President Joe Biden announces his pick to replace Justice Stephen Breyer on the Supreme Court, Dahlia Lithwick is joined by Olivia Warren, a former clerk of nominee Judge Ketanji Brown Jackson, and Slate’s own Mark Joseph Stern to discuss Judge Jackson’s character, her qualifications, and the qualities she’ll bring to the highest court in the land if confirmed.  In our Slate Plus segment, members will hear more from Mark and Dahlia on the other big news of the week: the Supreme Court’s decision to take up a First Amendment case next term that could have sweeping implications for LGBTQ people—and for a lot of other folks besides. They also dig into Florida’s deeply disturbing “don’t say gay” legislation and Texas’ new vigilante directive targeting trans youth and their loved ones.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
26/02/202256 minutes 24 seconds
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Politics Masquerading as Law

Dahlia Lithwick interviews Rep. Adam Schiff about his work on the Jan. 6 select committee and his fears for our democracy. Next, Dahlia is joined by pre-eminent election-law scholar Professor Franita Tolson, who clears up any confusion about what happened in the shadow-docket order concerning Merrill v Milligan, which appears to have kicked away the remaining protections of the Voting Rights Act’s Section II.  Slate Plus members will have access to Dahlia’s conversation with Mark Joseph Stern about shadow-docket shenanigans and Mark’s new beat: Madison Cawthorne, “everybody’s favorite insurrectionist-adjacent representative.” Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
12/02/20221 hour 9 minutes 10 seconds
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Justice Breyer to Retire

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
29/01/202259 minutes 56 seconds
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COVID in the Courtroom

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
15/01/202239 minutes 29 seconds
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2021 Was a Direct Response to 2020

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
01/01/202253 minutes 22 seconds
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Jan. 6: The Coup That Wasn’t, but Still Could Be

Almost a year later, are we seeing signs of some sort of accountability for the Jan. 6 insurrection? And why is that accountability so important and yet so hard to achieve? Dahlia Lithwick is joined by Walter Shaub, former director of the Office of Government Ethics, Shaub currently leads the Project on Government Oversight’s ethics initiative.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
18/12/202159 minutes 19 seconds
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The Purported Right to Abortion

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
10/12/202128 minutes 35 seconds
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Inside the Arguments in Dobbs v Jackson Women’s Health

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 monu
04/12/20211 hour 28 minutes 40 seconds
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Everybody Wants to Be Scalia

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
20/11/20211 hour 1 minute 17 seconds
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Guns on the Subway and Vigilantes in Texas

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.  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
06/11/20211 hour 5 minutes 6 seconds
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The Supreme Court’s Role in Police Violence

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
23/10/20211 hour 6 minutes 49 seconds
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The Trump Court and the Roberts Court

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
09/10/202150 minutes 40 seconds
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The Supreme Court’s Charm Offensive

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.  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
25/09/202141 minutes 49 seconds
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The Legal Repercussions of the War on Terror

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
11/09/202156 minutes 49 seconds
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Abortion, Surveillance, and Vigilantism : An American Story

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.”  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
03/09/20211 hour 4 minutes 42 seconds
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Pauli Murray: Lawyer, Poet, Priest, Trailblazer

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
28/08/20211 hour 4 minutes 25 seconds
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The Lawlessness of Property and Ownership

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
14/08/20211 hour 3 minutes 53 seconds
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“Braided In”: The Second Amendment and Anti-Blackness.

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. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
31/07/202156 minutes 41 seconds
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A To-Do List for Senate Democrats

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
17/07/202153 minutes 49 seconds
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An Elegy for the Voting Rights Act

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. 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
03/07/20211 hour 8 minutes 24 seconds
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Fulton: Bigger Than We Thought?

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
18/06/202146 minutes 56 seconds
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From the Snapchat Cheerleader to Katie Porter’s Whiteboard

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
05/06/20211 hour 20 minutes 37 seconds
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The Return of The Waves!

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
29/05/202134 minutes 25 seconds
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The Conservative Legal Project Comes Home to Roost

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 Bu
22/05/20211 hour 19 minutes 37 seconds
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Rudy and the Death of Truth

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
08/05/202159 minutes 45 seconds
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The Verdict, the Video, and the Unreasonable Burden of Proof.

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
24/04/20211 hour 2 minutes 42 seconds
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Why Are Republicans Upset About Corporate Free Speech All of a Sudden?

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
10/04/202158 minutes 51 seconds
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Woulda, Coulda SCOTUS

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
27/03/202155 minutes 8 seconds
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Live From SXSW, With Sen. Jeff Merkley

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
20/03/202111 minutes 25 seconds
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“An Injury To Their Electoral Prospects”

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
13/03/20211 hour 17 minutes 1 second
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First Amendment Fallacies

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
27/02/202146 minutes 20 seconds
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Impeachment’s Message and Meaning

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
13/02/20211 hour 26 minutes 19 seconds
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Inside Impeachment

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
30/01/202155 minutes 43 seconds
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The Domestic Terror Arm of MAGA

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.  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
16/01/202144 minutes 34 seconds
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The Predictability is Part of the Tragedy

Dahlia Lithwick is joined by Joshua Geltzer, a former senior director for counterterrorism at the National Security Council under President Barack Obama and the founding executive director of the Institute for Constitutional Advocacy and Protection at Georgetown Law. He also wrote this piece in February of 2019.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
09/01/202154 minutes 32 seconds
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Truth, Reconciliation, and Korematsu v. United States

The incarceration of tens of thousands of Japanese Americans in the 1940s is one of the most shameful acts in American history. Dahlia Lithwick is joined by Judge Edward M Chen and Don Tamaki, members of the legal team that worked to clear Fred Korematsu’s name almost 40 years after his conviction, to discuss the overlooked context, corruption, and cover-up that enabled the policy, and to examine how the Supreme Court has yet to fully contend with the legacy of Korematsu v United States. They also unpack the lessons the case offers for the present moment. The documentary discussed is Alternative Facts: The Lies of Executive Order 9066. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
02/01/20211 hour 7 minutes 30 seconds
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Justice Breyer, In His Own Words

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
22/12/20206 minutes 1 second
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How Amy Coney Barrett is Already Making a Mark on the Court

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
19/12/202056 minutes 49 seconds
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Trump’s Pardonpalooza

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
05/12/202058 minutes 22 seconds
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“How Does This End Well?”

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
21/11/20201 hour 1 minute 17 seconds
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Empty Suits

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
07/11/202055 minutes 17 seconds
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The Canaries in the Coal Mine of Justice

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
31/10/20201 hour 7 minutes 31 seconds
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The American Contest

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
24/10/202052 minutes 21 seconds
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The Litmus Test

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
17/10/202049 minutes 9 seconds
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What Progressives Got Wrong About the Judiciary

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
10/10/20201 hour 9 minutes 20 seconds
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Testing the Election

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
03/10/20201 hour 1 minute 48 seconds
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The Senate Judiciary Committee and Boxing Kangaroos

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
26/09/202055 minutes 13 seconds
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Quiet Words That Remain

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
24/09/202041 minutes 24 seconds
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A Conversation about Conversations with RBG

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
21/09/20201 hour 6 minutes 10 seconds
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An Interview With Justice Ruth Bader Ginsburg

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
19/09/202043 minutes 45 seconds
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Bill Barr’s American Carnage

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
12/09/20201 hour 6 minutes 3 seconds
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Dozens of Baby Bush v Gores

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
29/08/20201 hour 7 minutes 1 second
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Behind the Scenes of "The Class of RBG"

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
15/08/202028 minutes 58 seconds
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An Interview With Justice Ruth Bader Ginsburg

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
01/08/20208 minutes 30 seconds
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Amicus Presents: The Class of RBG Part Two

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
25/07/202034 minutes 29 seconds
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Amicus Presents: The Class of RBG Part One

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
21/07/202038 minutes 31 seconds
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Coming Soon

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
18/07/20202 minutes 2 seconds
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Roberts vs. Trump

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
10/07/202053 minutes 51 seconds
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What’s Left of Roe v. Wade?

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
04/07/202044 minutes 52 seconds
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Blockbusters: DACA and Title VII

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
20/06/20201 hour 25 minutes 11 seconds
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Race, Police, and The Law

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
06/06/202056 minutes 44 seconds
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Immunity, Impunity, and Justice by the Numbers

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
23/05/20201 hour 3 minutes 50 seconds
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Big Days for Justice

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
09/05/20201 hour 4 minutes 39 seconds
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States’ Rights

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
25/04/202045 minutes 3 seconds
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Why, Wisconsin?

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
11/04/202054 minutes 13 seconds
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Protecting Democracy in a Pandemic

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
28/03/20201 hour 2 minutes 12 seconds
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The Law of Public Health

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
14/03/202056 minutes 39 seconds
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Have Progressives Lost the Courts for Good?

Dahlia Lithwick asks the new president of the American Constitution Society, Russ Feingold, if it’s too late for progressives to respond to the conservative steamroller that is the Federalist Society.  Slate Plus members have access to a bonus segment in which Slate’s Mark Joseph Stern breaks down the headlines, cases, cert grants, and conundrums from the Supreme Court and federal appellate courts. To start your free two-week trial go to slate.com/amicusplus Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
29/02/202048 minutes 31 seconds
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Election Meltdown, Professor Brendan Nyhan

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
26/02/202014 minutes 15 seconds
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Election Meltdown, Part 5

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
22/02/20201 hour 12 minutes 40 seconds
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Election Meltdown, Part 4

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
15/02/202054 minutes 33 seconds
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Election Meltdown, Part 3

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
08/02/202057 minutes 2 seconds
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Election Meltdown, Part 2

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
02/02/202035 minutes 30 seconds
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Impeachment's Aftermath

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
01/02/202046 minutes 35 seconds
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Election Meltdown, Part 1

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
25/01/202043 minutes 16 seconds
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A Trial That's Not A Trial

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
18/01/202051 minutes 40 seconds
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What Is Impeachment For?

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: [email protected], or find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
07/01/20206 minutes 24 seconds
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Buckle Up, John Roberts

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: [email protected] Find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
04/01/202053 minutes 57 seconds
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Divided Realities

Dahlia Lithwick is joined by three women using their legal experience to advocate for people trying to navigate the ever-changing, labyrinthine process of claiming asylum in the United States. It’s tough work, and they are volunteering in the face of mounting obstacles. Liz Willis and Dennise Moreno are from ASAP , and Kristin Clarens is with Project Adelante. Next, Dahlia talks to Susan Hennessy of Lawfare to understand the intertwined significance of impeachment, the Mueller Report, and the Department of Justice inspector general’s report.  Send in your questions for our Roberts Court special episode with Mark Joseph Stern on Jan. 4. Submit questions by Jan. 1 to [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
21/12/20191 hour 11 minutes 27 seconds
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Slate Presents: Lockdown

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
18/12/201925 minutes 16 seconds
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Impeaching Other Presidents

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
07/12/20191 hour 4 minutes 12 seconds
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Bonus: A Conversation About Conversations With RBG

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
28/11/20191 hour 9 minutes 21 seconds
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Your Move, Mitch

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
23/11/20191 hour 9 minutes 39 seconds
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Live Bonus: Press Freedom

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. Learn more about your ad choices. Visit megaphone.fm/adchoices
16/11/20192 minutes 54 seconds
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A Look at the Original Quid Pro Quo: Emoluments.

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
09/11/20191 hour 12 minutes 24 seconds
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Bonus: Impeachment and the “Spy Stuff”

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
29/10/201938 minutes
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The Conservative Legal Resistance

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
26/10/20191 hour 1 minute 4 seconds
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Impeachment Primer

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
12/10/20191 hour 10 minutes 6 seconds
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Get Ready for the Most Significant Supreme Court Term in a Decade

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
05/10/201948 minutes 21 seconds
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How Donald Trump Weaponizes the Law

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
28/09/20191 hour 23 minutes 1 second
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The Clerk’s Eye View of Justice John Paul Stevens

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
14/09/20191 hour 8 minutes 35 seconds
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Redefining The Executive Power

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
31/08/201958 minutes 5 seconds
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Lawyers, Who Needs 'Em?

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
17/08/201942 minutes 17 seconds
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Let's Start with Race

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
03/08/20191 hour 6 minutes 30 seconds
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The End of an Era, and the Cult of the Constitution.

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
20/07/20191 hour 1 minute 51 seconds
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High Crimes and Misdemeanors

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
06/07/20191 hour 7 seconds
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Ready, Set, Gerrymander!

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
29/06/201942 minutes 20 seconds
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Trumpcast: An Interview With E. Jean Carroll

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
28/06/201939 minutes 24 seconds
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Flowers, Crosses, Clauses and Oaths

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
22/06/20191 hour 6 minutes 50 seconds
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Clarence Thomas Said What?

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
08/06/201945 minutes 8 seconds
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“Slouching Toward Gilead”

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
25/05/20191 hour 8 minutes 45 seconds
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A Judge, on Judging

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
11/05/20191 hour 4 minutes 58 seconds
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The Fight for LGBTQ Protections Under the Civil Rights Act

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
27/04/20191 hour 13 minutes 36 seconds
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Extra: Redactionist History

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
18/04/201926 minutes 25 seconds
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Death Penalty Dust-Ups at the High Court

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
13/04/201949 minutes 47 seconds
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Kavanaugh and Kagan Had a Moment

Dahlia Lithwick and Mark Joseph Stern unpack the arguments in the North Carolina and Maryland gerrymander cases heard by the Supreme Court this week, and Aaron Belkin of advocacy group Pack the Courts tells us why packing the courts is becoming a serious topic in the Democratic presidential race. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices
30/03/20191 hour 10 minutes 12 seconds
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Lawyers are Tackling our Democracy Problem Via the Take Care Clause

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
16/03/20191 hour 3 minutes 42 seconds
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The Case Regarding the So-Called Emergency

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
02/03/20191 hour 4 minutes 32 seconds
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Parsing the Shadow Docket

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
16/02/201956 minutes 22 seconds
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Amicus Presents: The Pre-Crime Unit

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 K
09/02/201948 minutes 18 seconds
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What Did We Learn From The Trans Ban Injunction Decision?

Dahlia Lithwick is joined by Sharon McGowan, legal director of Lambda Legal, to discuss how they’re fighting the trans ban following SCOTUS decision to lift the injunctions on the policy going into action.  Also, Dahlia gets the latest on the Mueller investigation from Joyce White Vance, former US attorney in the Northern District of Alabama, including why Mueller didn’t charge Roger Stone with conspiracy. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
02/02/201959 minutes 33 seconds
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We’re Back to Where Mueller Began: Counterintelligence

UPDATE: On the evening Friday January 18th, after production of this episode of Amicus had wrapped, special counsel spokesman Peter Carr issued the following statement: "BuzzFeed’s description of specific statements to the Special Counsel’s Office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s Congressional testimony are not accurate.” Ben Smith, editor-in-chief of Buzzfeed News says the publication stands by its reporting. Dahlia Lithwick is joined by Asha Rangappa, a former FBI special agent specializing in counterintelligence investigations and now a senior lecturer at Yale University’s Jackson Institute for Global Affairs. Together, they unpack the counterintelligence angle of the Mueller probe. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected]. Podcast production by Sara Burningham. This episode is brought to you by the following advertisers: Simplisafe,
19/01/201951 minutes 17 seconds
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The Threat of National Emergency

What would a national emergency look like, and why hasn't Trump declared one yet? Dahlia Lithwick has answers and joins What Next, Slate's new daily news podcast, Plus: Was it weird that Ruth Bader Ginsburg wasn't at work this week? Tell us what you think by leaving a review on Apple Podcasts or sending an email to [email protected]. Follow us on Instagram for updates on the show. Podcast production by Mary Wilson and Jayson De Leon. Subscribe to What Next on Apple Podcasts, or wherever you listen.  Learn more about your ad choices. Visit megaphone.fm/adchoices
11/01/201921 minutes 11 seconds
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Chief Justice John Roberts, a Rock, and a Hard Place

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
05/01/20191 hour 1 minute 16 seconds
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The Incrementalist RBG

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
22/12/201850 minutes 17 seconds
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Mapping the Mueller Investigation

*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
08/12/20181 hour 9 minutes 38 seconds
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A Hard Line on Acosta’s Hard Pass

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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices
24/11/201832 minutes 31 seconds
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“Taking a Wrecking Ball to Our Constitution”

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
10/11/20181 hour 1 minute 13 seconds
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SPECIAL: The Deadly Shooting at the Tree of Life Synagogue

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
03/11/201822 minutes 44 seconds
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Docket Deep Dive and Is It Time to Freak Out About Voting?

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
27/10/201858 minutes 1 second
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Amicus Presents: Legal Wars

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
22/10/201810 minutes 36 seconds
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Due Processing

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
13/10/201857 minutes 49 seconds
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Live from Austin

In a special episode recorded live at Slate Day during Tribfest in Austin,  Dahlia Lithwick is joined by Angela Onwuachi-Willig, Dean of Boston University Law School, Cristina Rodriguez, Leighton Homer Surbeck professor of law at Yale Law School, Stephen Vladeck, A. Dalton Cross professor of law at the University of Texas Law School and Adam White, director of the Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School for a deep dive on the fallout from the Kavanaugh hearings and the future of the Supreme Court absent a swing justice. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected] production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
01/10/20181 hour 9 minutes 14 seconds
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The Press, The President, and Enemy Construction

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
29/09/201856 minutes 37 seconds
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Introducing Slate Day

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
24/09/20181 minute 25 seconds
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SPECIAL: Surviving a School Shooting, From a Teacher's Point of View

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
20/09/201830 minutes 15 seconds
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Roe v Kavanaugh

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
15/09/201859 minutes 18 seconds
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Back to School Protest Special

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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices
01/09/20181 hour 48 seconds
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Barbie, Bratz, and Who Owns Your Dreams?

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
18/08/201842 minutes 7 seconds
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A Taftian Antidote to Trumpian Excesses

 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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices
04/08/201840 minutes 59 seconds
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The Scalia Factor

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
21/07/201852 minutes 33 seconds
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The Argument That Could Reclaim the Supreme Court for Democrats

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 [email protected].  Podcast production by June Thomas. Learn more about your ad choices. Visit megaphone.fm/adchoices
07/07/201834 minutes 8 seconds
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With Kennedy Gone, What’s on the Chopping Block?

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 [email protected].  Podcast production by June Thomas. Learn more about your ad choices. Visit megaphone.fm/adchoices
30/06/201850 minutes 49 seconds
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Voting: Purging, Packing, Cracking, Standing

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
23/06/201844 minutes 59 seconds
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Bonus: Live From the ACLU

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
13/06/20181 hour 11 minutes 31 seconds
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Religious Belief, Sincerely Held

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
09/06/20181 hour 9 minutes 9 seconds
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The Impeachment Question

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
26/05/201846 minutes 43 seconds
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The State of the State Attorneys General

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
12/05/201841 minutes 1 second
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Travel Ban 3.0 and Rinsing off Religious Animus for SCOTUS

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
27/04/201858 minutes 11 seconds
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The Rule of Law and the Ethics of Poking the Bear

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
14/04/201846 minutes 57 seconds
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Don’t Call It an Abortion Case

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
31/03/20181 hour 59 seconds
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All The President's Lawyers

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
17/03/201854 minutes 17 seconds
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When Did Corporations Become People?

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 [email protected]. Podcast production by Sara Burningham Learn more about your ad choices. Visit megaphone.fm/adchoices
03/03/20181 hour 1 minute 9 seconds
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A Preview of a Union-Busting Case, and RBG’s Greatest Hits Tour

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
17/02/20181 hour 3 minutes 26 seconds
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Immigration: Whose Call Is It Anyway?

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 Facebo
03/02/201838 minutes 27 seconds
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“The Gross Spectacle of a Divided Defense”

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 discus
20/01/20181 hour 3 minutes 34 seconds
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The Right Not to Vote

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
06/01/20181 hour 1 minute 25 seconds
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#MeToo in the Courts

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 l
23/12/20171 hour 7 minutes 12 seconds
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Probing the Mueller Probe, and Inside the Chamber for Masterpiece Cakeshop

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 [email protected]. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
09/12/20171 hour 2 minutes 44 seconds
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Slow Burn: A Podcast About Watergate | Martha

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
28/11/201725 minutes 6 seconds
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Why the Cakeshop Case is So Delicious

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
25/11/201737 minutes 42 seconds
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Guns in America and the Travel Ban that Went Unnoticed

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
11/11/201759 minutes 52 seconds
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The 25th Amendment, What's That?

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
28/10/201747 minutes 31 seconds
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The Single Most Unremarked Win of the Trump Era

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
14/10/201735 minutes 12 seconds
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The Supreme Court Term RBG Is Calling "Momentous"

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
30/09/201749 minutes 19 seconds
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Gerrymandering Goes Back to Court

When the Supreme Court term opens next month, perhaps no issue will be more urgent – and more complicated – than voting rights. One of the first cases the justices will hear is Gill v. Whitford, a challenge to the 2011 redrawing of district lines in Wisconsin. While the Court has struck down racially-motivated gerrymanders in the past, no election map has ever been rejected as a purely partisan gerrymander. And recent developments have some court watchers concerned that Justice Anthony Kennedy may still not be ready to do that. Our guest this episode is Richard Hasen, Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and curator of the must-read Election Law Blog. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected]. Podcast production by Tony Field.  Learn more about your ad choices. Visit megaphone.fm/adchoices
16/09/201738 minutes 3 seconds
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Breakfast Table Redux

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 Ami
28/06/201759 minutes 43 seconds
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Nice Little FBI You’ve Got Here. Pity if Something Happened to it.

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. Dow
10/06/201752 minutes 43 seconds
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Clarence Thomas is Color Blind

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 Presi
28/05/201743 minutes 46 seconds
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Animus Amicus

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 eac
13/05/201752 minutes 49 seconds
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The Myth of the Neutral Expert

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 sti
29/04/201746 minutes 20 seconds
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Playground of Liberty

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 S
14/04/201753 minutes 1 second
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When Prosecutors Keep Mum

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
01/04/201754 minutes 7 seconds
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Gorsuch Grins, Says Nothing

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 [email protected]. Follow us o
25/03/201744 minutes 46 seconds
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Why It’s Worth Opposing Gorsuch

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
18/03/201749 minutes 6 seconds
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Never Mind

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 C
04/03/201753 minutes 58 seconds
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General Strike

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
18/02/201751 minutes 25 seconds
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"SEE YOU IN COURT"

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 [email protected]. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
11/02/201739 minutes 17 seconds
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Will You Accept This Robe?

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 f
03/02/20171 hour 3 minutes 6 seconds
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Immunity in High Places

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
21/01/201752 minutes 33 seconds
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And Then There Were Eight

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 to
07/01/201748 minutes 47 seconds
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Corruption in the White House

“[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 bon
24/12/20161 hour 12 seconds
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Where We Draw the Line

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 fr
10/12/201639 minutes 51 seconds
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The Specter of Korematsu

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 Musli
30/11/201637 minutes 3 seconds
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Trump’s Constitution

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 acc
12/11/201626 minutes 50 seconds
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Intimidation Nation

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 a
29/10/201643 minutes 43 seconds
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And Now a Word from the White House

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 i
14/10/201646 minutes 1 second
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2016 Term Preview

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 u
01/10/201646 minutes 15 seconds
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Notorious RBG

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
17/09/201641 minutes 19 seconds
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That's a Wrap

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 [email protected].  Podcast produ
02/07/20161 hour 2 minutes 3 seconds
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Goodbye, General!

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—
25/06/201655 minutes 17 seconds
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What Would Brandeis Do?

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 stre
11/06/201653 minutes 30 seconds
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A Bird with a Broken Wing

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 [email protected].  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozen
28/05/201643 minutes 33 seconds
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Memory Lane

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 [email protected].  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
14/05/201644 minutes 22 seconds
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This is Not Corruption

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 [email protected].  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures
30/04/201632 minutes 4 seconds
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Contra Obama

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 [email protected].  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. Con
16/04/201635 minutes 51 seconds
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The Case Against the Case Against Confirmation

More than two weeks have passed since President Obama tapped Merrick Garland to fill Antonin Scalia’s vacant seat on the Supreme Court. But while their rationale has shifted somewhat, Senate Republican leaders remain as firm as ever in their refusal to hold confirmation hearings for the nominee. On this week’s episode, University of Chicago Law School professor Geoffrey R. Stone joins us to explain why the GOP’s intransigence is so threatening to the core institutions of federal government. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is [email protected].  Amicus is sponsored by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access
02/04/201637 minutes 21 seconds
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The Contraceptive Mandate

This week, the Supreme Court heard arguments in Zubik v Burwell, the latest challenge to the Affordable Care Act. This time, a group of religious non-profits are challenging the government’s accommodation for employers who don’t want to have anything to do with providing birth control to their workers. Dahlia speaks with Paul Clement, who argued the case for the plaintiffs, and Walter Dellinger, who supports the government's position. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is [email protected].  This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Amicus is sponsored by Amazon. Detective Harry Bosch is
26/03/201646 minutes 51 seconds
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Is the Burden Undue?

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 a
06/03/201648 minutes
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The Contradictions of Antonin Scalia

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 [email protected].  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
20/02/201651 minutes 54 seconds
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Amicus Extra: Antonin Scalia's Death

The sudden death on Supreme Court Justice Antonin Scalia on Saturday has unleashed huge shockwaves in both the presidential race and the legal community. Luckily, Slate has podcasts covering both areas. In this special joint episode, Amicus host Dahlia Lithwick joins Political Gabfest panelists Emily Bazelon and David Plotz to look at all the possible repercussions of Scalia’s death. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices
15/02/201629 minutes 36 seconds
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The Candidates and the Court

On this episode, Dahlia asks why the Supreme Court has been almost absent as a campaign issue, despite the fact that the next president could have the opportunity to reshape the Court’s bench.  She is joined by UC-Irvine law professor Erwin Chemerinsky. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is [email protected]. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
06/02/201628 minutes 50 seconds
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The Case of the Missing Constitutional Violation

In Heffernan v City of Paterson, the Supreme Court must decide whether a government worker can be punished for a political belief his employers attribute to him – rightly or wrongly. This week, Dahlia speaks with lawyers on both sides of the topsy-turvy case. Please let us know what you think of Amicus. Our email is [email protected].

 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
26/01/201630 minutes 26 seconds
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Labor Pains

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 [email protected]. 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
09/01/201639 minutes 54 seconds
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Judging Tribal Courts

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 [email protected]. 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
24/12/201534 minutes 28 seconds
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One Person, One Vote

What is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at the Supreme Court. On this episode, Dahlia speaks with Andrew Grossman and Nathaniel Persily -- experts on opposing sides of the case. She also plays a few highlights from the week’s big affirmative action case, Fisher v University of Texas at Austin. Please let us know what you think of Amicus. Our email is [email protected]. 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
12/12/201546 minutes 43 seconds
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Color Blind Constitution

A half-century after Brown v. Board of Education, should the Supreme Court still be in the business of integrating public schools and universities? Dahlia sits down with University of Virginia legal historian Risa Golubuff to discuss the backdrop to the term’s big affirmative action case, Fisher v University of Texas. Please let us know what you think of Amicus. Our email is [email protected]. 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 doll
28/11/201544 minutes 14 seconds
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Class Dismissed?

Dahlia speaks with Carter Phillips, the lawyer who represented Tyson Foods at the Supreme Court this week in Tyson's attempt to dismiss a class action suit by its workers. She also considers the love-hate relationship between presidential hopefuls and the high court. Please let us know what you think of Amicus. Our email is [email protected] to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off the original price if you visit TheGreatCourses.com/amicus.And by The
14/11/201534 minutes 57 seconds
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Strike Zone

Dahlia previews Foster v. Chatman, a Supreme Court appeal that contends with the problem of racial bias in the process of jury selection. Her guests include Stephen Bright, president of the Southern Center for Human Rights; and Glenn Ivey, a former prosecutor who has joined an amicus brief in support of the man at the center of Foster. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off
31/10/201545 minutes 23 seconds
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No Second Chances

Dahlia speaks with law professor Robert J. Smith about Montgomery v. Louisiana, a Supreme Court case that focuses on a man who has served 53 years in prison for a murder he committed as a juvenile. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down
17/10/201532 minutes 35 seconds
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The Machinery of Death

As serious questions about lethal injection protocols continue to swirl, Dahlia speaks with The Marshall Project’s Andrew Cohen about where the Supreme Court currently stands on the constitutionality of the death penalty. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by Casper, an online retailer of premium ma
10/10/201533 minutes 6 seconds
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2015 Term Preview

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 retail
19/09/201535 minutes 53 seconds
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Sandra and Ruth

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 excus
12/09/201534 minutes 22 seconds
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Sock the Vote

To mark the 50th anniversary of the Voting Rights Act, Dahlia sits down with The Nation’s Ari Berman to discuss the decades-long campaign to roll back the achievements of the landmark 1965 legislation. ************************* Please let us know what you think of our legal affairs podcast. Our email is [email protected]. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like a series on "Cycles of American Political Thought.” Right now, get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. And by FreshBooks, the super-simple invoicing solution made to help lawyers, consultants and freelancers get organized, save time and get paid faster. Creating and sending invoices, managing your expenses and tr
22/08/201534 minutes 19 seconds
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The Term in Review

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
04/07/201543 minutes 4 seconds
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Amicus: The Storm Arrives

With the ink barely dry on two momentous Supreme Court decisions affecting marriage equality and health care, Dahlia discusses the history, high points, and likely impact of those decisions with Walter Dellinger, professor of law at Duke University, a Slate contributor, and the former head of the Office of Legal Counsel from 1993 to 1996.     First, Dahlia and Walter reflect on Friday's 5-4 decision in Obergefell v. Hodges, which ruled that same-sex marriage bans are unconstitutional. Next, they talk about Thursday's 6-3 decision in King v. Burwell, which supported the Affordable Care Act's subsidies for poor and middle class people.    Please let us know what you think of our podcast – and your ideas for our shows during the summer recess. Our email is [email protected].   Amicus is sponsored by The Great Courses, offering engaging audio video lectures like “The Great Debate: Advocates and Opponents of the American Constitution." Get up to get up to 80 percent off the original price wh
27/06/201531 minutes 16 seconds
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The Storm Before the Storm

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 Supre
20/06/201541 minutes 54 seconds
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A Certain Justice

This week, Dahlia speaks with a former clerk to Justice Clarence Thomas about the strong stances that Thomas has been taking recently. And she asks what’s at stake in a big challenge to “One Person One Vote” that SCOTUS will take up next term. Please let us know what you think of Amicus. Our email is [email protected] to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus. Consider signing up today -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Our sponsor this week is The Great Courses, offering audio video lectures like "The First Amendment and You: What Everyone Should Know." Get up to get up to 80 percent off the original price when you visit . We’re also sponsored by FreshBooks. For your free 30-day trial, go to , and use the promo code Amicus. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Ke
13/06/201542 minutes 39 seconds
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The Calm Before the Storm

On today’s episode, Dahlia takes stock of the big whammy decisions just around the corner at the Supreme Court, and considers a few of the major abortion cases that could be following shortly on their heels.Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected]. This week’s episode was sponsored by The Great Courses. Get up to 80% off the original price of their eight most popular courses when you visit thegreatcourses.com/amicus. Subscribe to our podcast here.Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Learn more about your ad choices. Visit megaphone.fm/adchoices
30/05/201531 minutes 8 seconds
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Ready for Her Close-Up

This week we learned that Natalie Portman will play a young Ruth Bader Ginsburg in a new film about the Supreme Court Justice. On this episode, Dahlia and her guests consider the recent explosion of Court-related dramatizations on the stage and screen. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected] Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at .   Learn more about your ad choices. Visit megaphone.fm/adchoices
16/05/201539 minutes 48 seconds
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Making the Case

This week, we take you inside the courtroom for the recent gay marriage case at the Supreme Court. Dahlia listens to highlights of oral arguments with Douglas Hallward-Driemeier, one of the lawyers who represented same-sex couples in the historic case. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected]. Our archives, which include discussions of other big cases recently decided by the Court, can be found at slate.com/amicus. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at slate.com/podcastplus. Learn more about your ad choices. Visit megaphone.fm/adchoices
02/05/201537 minutes 17 seconds
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The Politics of Law

In anticipation of big decisions on marriage equality and Obamacare, many are talking about the balance of political power on the Supreme Court. Dahlia Lithwick speaks with two court watchers about the extent to which the Justices are political actors. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected] to our podcast here: https://itunes.apple.com/us/podcast/slates-amicus-dahlia-lithwick/id928790786?mt=2#Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at [http://slate.me/1ENza1a].     Learn more about your ad choices. Visit megaphone.fm/adchoices
18/04/201530 minutes 49 seconds
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Marriage Arrives

On April 28, the Supreme Court will finally take up the constitutionality of same-sex marriage bans. Dahlia Lithwick previews the cases with Paul Smith, the lawyer involved in the 2003 gay rights case that helped set the stage for this historic event. Please let us know what you think of Amicus, our legal affairs podcast. Our email is [email protected]. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at http://slate.me/1ENza1a Learn more about your ad choices. Visit megaphone.fm/adchoices
11/04/201530 minutes
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Mercury Rising

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
28/03/201531 minutes 27 seconds
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Throwing Away the Key

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
14/03/201532 minutes 20 seconds
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The Letter of the Law

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
28/02/201541 minutes 47 seconds
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Botched Protocols

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 megaph
07/02/201530 minutes 32 seconds
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Cameras in the Courtroom

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
31/01/201539 minutes 15 seconds
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"Thank You," Not "Please"

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
24/01/201535 minutes 57 seconds
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The Super Lawyers

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
10/01/201536 minutes 30 seconds
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Rapper's Intent

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
06/12/201433 minutes 2 seconds
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Mental Illness and the Death Penalty

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
22/11/201439 minutes
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Jerusalem Born

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
08/11/201430 minutes 7 seconds
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Amicus: Ballot-Box Special

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
01/11/201423 minutes 31 seconds
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Amicus: Revenge of the Octogenarians

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
25/10/201435 minutes 7 seconds
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Amicus: Let's Salsa with Sotomayor

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
18/10/201433 minutes 4 seconds
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Amicus with Dahlia Lithwick

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
11/10/201437 minutes 33 seconds