Amicus With Dahlia Lithwick | Law, Justice, and the Courts

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Subscribers: 2053
Reviews: 8
Episodes: 278

Description

A show about the law and the nine Supreme Court justices who interpret it for the rest of America.

Episode Date
How SCOTUS Enabled The Explosion of Anti-Trans Laws
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This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox. On this week’s Amicus, a sobering interview between Dahlia Lithwick and the ACLU's Chase Strangio. Chase is deputy director for Transgender Justice with the ACLU’s LGBT and HIV Project and a nationally recognized expert on trans rights. . The sheer number and breadth of proposed new laws targeting trans people is breathtaking, and they are coming from some familiar quarters if you follow the Supreme Court and abortion law. This conversation helps to set the stage for the end of the Supreme Court’s term by looking beyond the cases being decided this month at One, First Street, and toward the legal landscape, and the systems and groups that are shaping that landscape for the rest of us. In the second half of the show, Dahlia is joined by her jurisprudential co-pilot Mark Stern. They talk about why everyone on Twitter hates Mark (hint: people have strong feelings about Justice Alito’s recusal ethics), the labor case that was not as bad for unions as maybe could have been (but is still NOT GREAT), and Mark floats his theory that Supreme Court Justices just don’t want to go back to the office full time and that’s why we’re getting a dribble of decisions now… And might get a firehose of them later this month.   In this week’s Amicus Plus segment, we return to Washington DC and our Full Court Press live show at Sixth and I, where Mark and Dahlia were joined by Congressman Hank Johnson of Georgia’s 4th District. Rep. Johnson is the ranking member of the House Judiciary subcommittee that oversees the federal courts, including the Supreme Court. They talk court reform and modernizing the judiciary, and why term limits and court expansion are vital to both.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 03, 2023
Fixing The Court, One Story at a Time
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Take your seats for a live show from Washington DC this week. This live show is part of Slate’s Full Court Press coverage, a provocation for the fourth estate to hold the third branch of government to account. Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, Elie Mystal of The Nation, and Jay Willis of Balls and Strikes. As we perch on the precipice of another slew of catastrophic decisions this June, they unpack how Supreme Court reporting has failed to meet the moment - and crucially, what to do about it.  In this week’s Amicus Plus segment, listeners will hear the question and answer segment of the live show - with piercing audience questions such as: "Why do so many Democrats fail to take the court seriously?, and some vital advice for law students from Elie Mystal and Jay Willis. (Spoiler: Don't be Tom Cotton) Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 27, 2023
Bonus: SCOTUS Nukes Wetlands Protections
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In this bonus episode for Amicus Plus listeners, Dahlia Lithwick and Slate’s Mark Joseph Stern discuss the latest biggest Supreme Court decision: Sackett v EPA. It’s good news for developers and polluters, bad news for the rest of us. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 26, 2023
E. Jean Carroll and the Lawyer Who Beat Trump
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Get your tickets for Amicus Live in Washington DC on May 24th here: https://slate.com/live/amicus-live-may-24-in-washington-d-c-full-court-press.html Dahlia Lithwick is joined by a pair of legal history-makers, E Jean Carroll and Roberta Kaplan. They discuss the landmark defamation and sexual abuse case they won against former President Donald J Trump; how the case came together, what tipped the balance in court, if vindication lasts, and what happens when the defendant won’t stop doing the same defamation over and over again. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the Mifepristone arguments at the 5th Circuit, North Carolina’s abortion ban, and why Justice Kagan and Sotomayor are duking it out in the footnotes over Andy Warhol.  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 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 20, 2023
The Supreme Court's Dangerous Return to Its Roots
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Get your tickets for Amicus Live on May 24th.  On this week’s Amicus, we head to Seattle for a live taping of the show at the Cross Cut Festival with guest Michael Waldman, President of NYU Law School’s Brennan Center. Dahlia Lithwick asks him about his new book, THE SUPERMAJORITY: How the Supreme Court Divided America, and what the ongoing ethics scandals and plummeting public approval for the court mean for our democracy. They also look ahead to next month when the court’s legitimacy may be stretched even further by major decisions that fly in the face of the majority of public opinion. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the decisions that came out this week concerning pork producers and public corruption, which delivered some surprising and depressingly unsurprising opinions. They also try to figure out how many more times E Jean Carroll might have to sue Donald Trump to halt his defamation demolition derby. 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 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices
May 13, 2023
Clarence Thomas and the Billionaires
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After weeks of controversy, piled upon intrigue, heaped with scandal and topped with crisis at the Supreme Court, it can be hard to get your bearings. What’s illegal, what’s unethical, what’s just a bit hinky? And what does it really mean for an institution that is about to hand down decisions that reach into every part of our lives, from justice to climate, from youtube to universities? On this week’s Amicus, Dahlia Lithwick is joined by Lisa Graves from True North Research. Lisa ia a veteran investigator of the dark money spigot that has been flooding the Supreme Court and rewarding some of the justices, and the causes and people close to their hearts. If you can’t see the woods for the trees, Lisa will paint you a picture. And that painting will, of course, include; Clarence Thomas, Leonard Leo, Harlan Crow and Mark Paoletta.  In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the possible end of Chevron deference the impacts for the administrative state, the Texas abortion case that is a case study in SB8 working exactly as it was intended, and why it is so puzzling that the Justices won’t rescue themselves from the ethics quagmire that’s sinking trust in SCOTUS. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 06, 2023
John Roberts’ Unfunny Stalking Jokes at SCOTUS
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As laughter ricocheted around the Supreme Court chamber Wednesday, Professor Mary Anne Franks wondered if she could quite believe her ears. The matter of some hilarity, it seems, were messages sent by a convicted stalker to his victim. Individual messages that were among what one detective estimated to number in the hundreds of thousands - possibly as many as one million messages - sent by Billy Raymond Counterman to singer Coles Whalen. Counterman’s campaign of harassment drove Whalen away from performing, indeed drove her away from her home state. She moved across the country to get away. On this week’s Amicus, Dahlia Lithwick is joined by Professor Mary Anne Franks to discuss Counterman v Colorado and how the details of a cyber-stalking case were lost to free speech concerns about trigger warnings and "sensitivity". You can read Prof. Franks’ powerful piece on this here.  In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the big fat settlement Dominion got in its defamation case against Fox News, and why it feels so unsatisfying, the religious liberty case you probably missed at the court this week, Groff v DeJoy. They also talk about how Sen. Dianne Feinstein’s continued absence from the Senate Judiciary Committee, and Senate Democrats’ workarounds for it, are like bringing a bubble blower to a knife fight.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 22, 2023
Anti-Abortion Lawyers Love this Zombie Law
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There’s a terrible legal Easter egg in Judge Matthew J. Kacsmaryk’s ruling on the abortion medication, Mifepristone. And that same Easter egg makes an appearance in the Fifth Circuit’s partial stay. It’s the Comstock Act - a mostly forgotten 19th century vice statute that is suddenly the anti-abortion movement’s favorite zombie legislation. On a special extra episode of Amicus, Dahlia Lithwick is joined by Mary Ziegler, an expert on the law, history, and politics of reproduction, health care, and conservatism in the United States from 1945 to the present. Together, they tackle the chaos upon chaos of the past week’s medication abortion cases, and take a long hard look at the next steps in the anti-abortion movement’s fight for a nationwide ban.  In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the “quid pro Crow” of Justice Clarence Thomas’ real estate deals with GOP mega donor, and avid court-watcher, and amicus-brief-funder Harlan Crow.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 15, 2023
Tennessee-Style Power Grabs are Coming to a State House Near You
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On this week’s Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention. Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck’s book, The Shadow Docket -  How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn’t cram into an already jam-packed main show. They start with what’s really not happening, and that is Supreme Court decisions. It’s April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas’ law breaking. And… Hey! Remember Wisconsin? It’s a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia’s extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 08, 2023
What To Expect When You're Expecting An Indictment
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On this week’s Amicus, Dahlia Lithwick talks with Andrew Weissmann, former lead prosecutor in Robert S. Mueller’s Special Counsel’s Office and former Chief of the Fraud Section in the Department of Justice from 2015 - 2019. Together, they tackle the tangled web of investigations into the former President, and the trajectory of possible indictments. And Andrew helps us hone in on some crucial details we may have missed in the fog of building barricades outside the Manhattan Criminal Courthouse. Andrew Weissmann’s book, Where Law Ends, was published by Random House in 2021 In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to understand how Trump judges could tank the economy, the latest on abortion in states trying grapple with the (entirely predictable) deadly consequences of the Dobbs decision, and why all this underlines why the Wisconsin Supreme Court election really matters.   Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 25, 2023
Lessons from The Trump Years for SCOTUS
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Dahlia Lithwick is joined by political analyst Michael Podhorzer (ex AFL-CIO, now newly-minted substacker). Michael was one of the all-hands-on-deck responsible for shoring up the 2020 election against subversion, he’s a political data geek,  and for Amicus’s purposes - he’s someone with a fascinating take on the Supreme Court, and all the ways we fail to truly understand it. Hear why Michael doesn't care about Leonard Leo, the lessons learned in the Trump years that we should be applying to the court, and the overarching agenda that both motivates and shapes the court’s jurisprudence.   In this week’s Amicus Plus segment, Mark Joseph Stern is away, so Dahlia is joined by the Award Winning™  Leah Litman to talk about loan forgiveness and major questions, the Texas suit being brought by women seriously harmed by the state's abortion ban, and the alarming implications of an amicus brief in an Indiana abortion case that questions the religious sincerity of, well, anyone who backs abortion rights. 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 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 11, 2023
SCOTUS on the Internet: “It’s Complicated”
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For every person screaming about Section 230 (looking at you, Ted Cruz), there are approximately 0.0000001 Danielle Citrons, i.e. folks who actually understand it, what it does, and how it might be tweaked or interpreted to do better. Luckily, we have a whole Professor Danielle Citron on this week’s show. Professor Citron not only manages to make sense of Section 230 for us, she also takes us through this week's internet cases involving Twitter and Google, and content moderation and liability. She explains how eight out of nine justices apparently failed to read the briefs, instead deciding on an "it's so hard" shruggy head-scratch strategy instead. Danielle Citron’s latest book is The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to look ahead to next week’s arguments about the Biden administration’s student debt forgiveness program, and to romp through some of the decisions that came down from the Supreme Court this week. Finally, Mark and Dahlia reflect on the results of the primaries in the race to elect a new Wisconsin Supreme Court Justice. Could it be a Mark and Dahlia Amicus plus segment that is not all bad news?  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 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 25, 2023
The "Stop the Steal" Fight That Never Ended
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Wisconsin’s State Supreme Court heard one of the landmark cases of the 2020 presidential election. During oral arguments in Trump v Biden in December 2020, Justice Jill J Karofsky participated in proceedings via Zoom from her office inside the state capitol in Madison. Outside her office window, she could see armed protesters gathered in what she later viewed as a dry run for January 6th. In a 4-3 decision, with one Republican justice siding against Trump, the Wisconsin Supreme Court voted to uphold Biden’s victory in the state. On this week’s Amicus, Justice Karofsky speaks for the first time about the fallout from that case: Fallout in her personal life, for herself and loved ones. Fallout in her professional life, with an investigation and the threat of sanction for her line of questioning in oral argument. And beyond all that, the fallout for democracy—and for the role of jurists within that democracy.  In this week’s Amicus Plus segment, Dahlia Lithwick is joined by Slate’s Mark Joseph Stern to discuss the originalist Second Amendment ruling that puts women’s lives at risk, the looming prospect of a potential nationwide ban on a widely used, FDA-approved, abortion pill, and how the future of jurisprudence appears to be competing time machines.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 11, 2023
Absolutely No One Is Happy With the Dobbs Leak Investigation
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First, there was the Dobbs case. Then there was the leaked opinion in the Dobbs case. Then there was the investigation into the leaked opinion in the Dobbs case. Then there was the report on the investigation into the leak. Then there was the supplemental report from the Marshal on the report on the investigation into the leak. AND THEN there was the revealing reporting from the NY Times’ Jodi Kantor on a court roiled by reports and investigating and leaks. This week, Dahlia Lithwick is joined by Jodi Kantor to dig through the reports, reporting and repercussions for the people who are inside One, First Street, and for the baffled majority who aren’t. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to try to figure out why it’s taking so long for SCOTUS to hand down opinions this term, and to examine the very first decision of the term, disappointing in its unanimity and its negative impact on veterans.  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 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 28, 2023
The Labor Case Before SCOTUS Has Big Implications for Democracy
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Amicus is sponsored by Betterhelp. The Supreme Court of the United States got back into the swing of things its first week back after New Years, with a case about cement workers and the rights of organized labor. The “swing” the court was getting “back into” with this case was potential precedent-busting. Dahlia Lithwick is joined on this week’s show by Terri Gerstein, director of the State and Local Enforcement Project at Harvard Law School’s Center for Labor and a Just Economy, to discuss what this case could mean for worker’s rights, and for democracy more broadly.  Next, Dahlia is joined by Brad Meltzer, a serial best selling author of so many kinds of books. This week Brad has two books coming out, I Am John Lewis for the kids, and The Nazi Conspiracy - The Secret Plot to Kill Roosevelt, Stalin, and Churchill. Brad and Dahlia discuss legal writing, book bans, and what these two seemingly very different books have in common.  In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern for an update on abortion legislation at the state and national level. They discuss the smoke and mirrors of the new republican house majority’s “Born Alive” Bill, and the devastating fallout if Virginia’s 15 week ban gets passed.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 14, 2023
Why are We Still Obsessed with Roe v Wade?
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For some, 2022 was the year Roe v Wade was overturned. For millions more, abortions rights had been functionally inaccessible for decades. Beyond shaky precedent, Roe was a vessel into which America threw all sorts of hopes, beliefs and fears. But how did this legal decision become a symbol of so much? On this week’s show, host Dahlia Lithwick is joined by abortion law expert Mary Ziegler, who’s new book, Roe: The History of a National Obsession, tries to find the roots of Roe’s incessant pull, and to unpack the meaning from the meta.  In this week’s Amicus Plus segment - the worst of jurisprudence 2022. In a year marked by quite a few legal gut punches, Dahlia is joined by Mark Joseph Stern to run through the most bonkers rulings from the most out-of-control federal judges. They also find a path to hope for justice in 2023.   Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 31, 2022
“Is This How We Do Law Now?”
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The highest court in the land has ignored the need for standing, the trial record, and of course precedent this past year––and it matters.  Host Dahlia Lithwick is joined by Sherrilyn Ifill, former president and director-counsel of the NAACP Legal Defense and Educational Fund, and a senior fellow at the Ford Foundation. They discuss Sherrilyn’s thought-provoking piece this month in the New York Review of Books, which opens out into a big-picture discussion of what this Supreme Court’s tendency to reach out and grab cases, and erase trial records, or fill in the blanks on standing, even on claims, means for whose voices are heard at the highest court in the land, and who merits consideration in its decisions.   In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about oral arguments in the big elections case concerning the Independent State Legislature Theory (Moore v. Harper), and in the Oregon wedding website case that threatens civil rights public-accommodations law (303 Creative), plus the Washington right-wing party circuit’s special guest du jour, Justice Brett Kavanaugh.  Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 17, 2022
The Blockbuster Case You Probably Haven’t Heard About
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When Christian conservatives lost in Masterpiece Cake Shop back in 2018, they regrouped and picked up the trail of breadcrumbs from Justice Clarence Thomas’ dissent that suggested a freedom of speech approach. Next week, the Supreme Court will hear arguments in 303 Creative v Elenis - another case that takes aim at Colorado’s anti discrimination laws. This time, arguments about whether a website designer has the right to advertise that she will not design websites for same-sex weddings, will be focused on freedom of speech. But as this week’s guest, Hila Keren, argues, excluding people from the marketplace and humiliating them in the process is not a matter of free speech, and it is a matter progressives have been largely silent about. Together, Dahlia Lithwick and Professor Keren dig deep into a case that hasn’t been given the attention its potential wide-ranging consequences demand.  In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about another big case - this past week’s arguments in US v Texas, including brazen judge-shopping, nationwide injunction-slapping, and President Biden’s immigration policy. Then Mark explains exactly what is - and isn’t - in the same sex marriage bill that’s making its way to President Biden’s desk.  Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 03, 2022
Religious Liberty and the Right to Vacation in Jackson Hole
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When the New York Times built on previous reporting in Politico and Rolling Stone  about an evangelical christian ministry that sought to sell access to and influence Supreme Court Justices with fancy dinners and donations, the Hobby Lobby leak dominated the headlines. But there is so much more to this story. To discuss how the headlines fit into a larger narrative of dark money and a captured court, Dahlia Lithwick is joined by Senator Sheldon Whitehouse of Rhode Island. Senator Whitehouse is Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights and co-author of The Scheme: How the Right Wing Used Dark Money to Capture the Supreme Court. See also: The Supreme Court Ethics and Recusal Transparency Act.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 23, 2022
When You Take Away the Kids, You Take Away the Future
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“A Kitchen Sink Approach to Constitutional Claims” On this week’s Amicus, - the case that threatens the Indian Child Welfare Act, but also threatens domino effects on tribal sovereignty and land rights. Dahlia Lithwick is joined by Rebecca Nagle, a Cherokee writer, advocate & language learner. Nagle is host of This Land podcast. Season 2 of the podcast was a deep and broad investigation into the background of the case at hand. Maggie Blackhawk also lends her expertise to the discussion, Professor Blackhawk (Find du Lac Band of Lake Superior Ojibwe) is professor of law at NYU and an award-winning interdisciplinary scholar and teacher of constitutional law, federal Indian law, and legislation, Together, they delve through a veritable grab bag of constitutional challenges from the plaintiffs in Brackeen v Haaland. Listen up, you’re about to learn a lot, we did.  In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about how a Georgia judge overturned that state’s abortion ban, President Biden’s record and prospects for confirming judges, and death penalty cruelty on the shadow docket again.    Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 19, 2022
Affirmative Action on the Chopping Block
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Dahlia Lithwick is joined by Professor Cara McClellan, former counsel at NAACP LDF, and founding Director of the Advocacy for Racial and Civil Justice Clinic, at University of Pennsylvania Carey Law School. Professor McClellan takes us through an extensive trial record largely ignored in oral arguments at SCOTUS this past week.  Then, Dahlia is joined by David Rothkopf whose book, American Resistance: The inside story of how the deep state saved the nation, details the folks who stuck around and tried to hold the line during the Trump years, and what we can learn from them.  In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the judges pushing back in gun cases post Bruen, and the lower courts defying Supreme Court precedent as they seek to curtail LGBTQ rights.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 05, 2022
The Supreme Court Case that Could Upend Democracy
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Dahlia Lithwick is joined by Judge Michael Luttig for the definitive conversation on a giant elections case now on the calendar at the Supreme Court. Moore v Harper is a North Carolina redistricting case that is also a vehicle for the Independent State Legislature Theory - a so-called doctrine that could radically re-order democracy in America. Judge Luttig - a stalwart of conservative legal circles for decades - will argue the case as co-counsel alongside former Acting Solicitor General under Obama, Neal Katyal.  In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the blossoming of bonkers gun cases in the wake of last term’s SCOTUS decision in Bruen, a big case concerning consumer protections and much more…  Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 22, 2022
Bonus: Time to Celebrate Some Wins
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Dahlia Lithwick is on the road with Amicus and Lady Justice. In this bonus episode, she’s joined by Loyola Law Professor, legal commentator and columnist Jessica Levinson for a conversation about what we can learn from the women lawyers who held the line during the Trump years, and how to respond to the steady drum beat of “Lock Her Up” threatening women around America today.  The conversation is available in full for Slate Plus members.  Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America,  Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. :https://books.supportingcast.fm/lady-justice If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 18, 2022
Justice Ketanji Brown Jackson Gives SCOTUS a History Lesson
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Dahlia Lithwick is joined by two key players from this week’s consequential voting rights cases at the US Supreme Court. The NAACP Legal Defense and Educational Fund’s senior counsel Deuel Ross argued part of Merrill v Milligan at the High Court on Tuesday, and Evan Milligan of Alabama Forward is the named plaintiff in one of a pair of cases that argued that Alabama’s congressional maps are racially gerrymandered in violation of Section II of the Voting Rights Act. They take listeners inside the arguments, and provide vital context for the challenges faced by residents of Alabama’s Black Belt in accessing healthcare, infrastructure and not coincidentally, political representation.  Next, Dahlia is joined by Sam Sankar, Senior Vice President of Programs at Earth Justice to discuss what went down in Sackett v EPA, a case argued Monday that could have wide-ranging effects on the waters and wetlands of the United States.  In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the new dynamics of arguments with Justice Ketanji Brown Jackson taking her seat at the High Court, the conservative reaction to their favorite text and history rubric being applied by the first African American woman on the court (huh, they don’t love it?), and what to expect from a new filing in the Mar A Lago investigation that’s on its way to 1, First Street. Sign up for Slate Plus now to listen and support our show.  Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 08, 2022
A Hair-Raising SCOTUS Curtain-Raiser
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Dahlia Lithwick is joined by Slate’s Mark Joseph Stern and Jay Willis of Balls and Strikes for a preview of the big cases headed our way this Supreme Court term. They tackle cases concerning voting rights, indigenous rights, environmental protection and affirmative action, before turning their attention to the tricky business of covering a court that is radically changed and how the traditionally deferential Supreme Court press corps needs to update its methods and reporting in response. Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by going to slate.com/justice and entering the code “AMICUS” at checkout. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 01, 2022
Listen to Lady Justice
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Dahlia Lithwick’s new book Lady Justice: Women, the Law and the Battle to Save America, tells the story of the women lawyers who stood up to Trump and stood up for those unseen and unrepresented by a brutal presidency, and the stories of the women who will fight on in the wake of life-altering decisions from a radicalized Supreme Court. Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 26, 2022
The Sound of Worms Turning
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Dahlia Lithwick is joined by Mark Joseph Stern for a romp through the jurisprudential headlines. It’s been a week. Highlights include: Donald Trump’s legal woes in the Mar-a-Lago classified documents investigation, and at the hands of New York Attorney General Letitia James’ civil suit.  Then, we’re live at Politics and Prose in Washington DC, with a conversation between Dahlia Lithwick and Professor Michele Goodwin about women, the law and the rule of law. They discuss Dahlia’s new book Lady Justice: Women, the Law and the Battle to Save America, the day Dahlia decided to stop covering the Supreme Court from the inside, what the law can do for justice, and what it can’t. Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. :https://books.supportingcast.fm/lady-justice If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern also delve into retired Supreme Court Justice Stephen Breyer’s comments about Dobbs and the court’s legitimacy, and the death penalty decision that came down Thursday and what it tells us about Justice Amy Coney Barrett’s jurisprudence.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 24, 2022
Lady Justice and Charlottesville Nazis
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Dahlia Lithwick is joined by Roberta Kaplan, who along with co-counsel Karen Dunn brought a successful civil suit against twenty-four neo-Nazi and white supremacist leaders responsible for organizing the racial- and religious-based violence in Charlottesville in August 2017. They discuss how the KKK Act of 1871 applied to discord channels and now January 6th defendants. And they explore the complicated relationship women find themselves in with the law in this moment, as defenders of rights but also as constitutional afterthoughts. Dahlia Lithwick’s new book is Lady Justice: Women, the Law and the Battle to Save America. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 17, 2022
The Law v Lawless Edition
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Dahlia is joined by Mary Trump and Norm Ornstein to discuss how a single Trump-appointed judge’s attempt to stick a fork in the Justice Department’s criminal investigation into potential mishandling of classified materials is part of a systemic story about American justice. And they discuss the kinds of reform needed to protect democracy and repair the judiciary. And how to handle our collective trauma so we can get it all done. In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about lawlessness at Mar a Lago, whether lawlessness at Mar-a-Lago, the Texas judge whose order this week nominally aims to cut access to HIV preventative medications, but is also setting his sights (again) on cratering the Affordable Care Act, and they probe if the current outbreak of reckless judging can be inoculated or will continue to spread unchecked. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive content on many shows—you’ll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 10, 2022
The Clash Between Privacy and Freedom of the Press
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Law Professor and former journalist Amy Gajda joins Dahlia Lithwick to discuss her latest book, Seek and Hide: The Tangled History of the Right to Privacy. They chart a course through early conceptions of privacy to today’s fraught battles over privacy and dignity in the age of surveillance capitalism. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 27, 2022
Judge Victoria Pratt’s “The Power of Dignity”
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The quality of dignity is not strained. Judge Victoria Pratt presided for years over Municipal Court in Newark, New Jersey. Her experiences form the foundation of her book, The Power of Dignity: How Transforming Justice Can Heal Our Communities. In the third of Amicus’ summer season of big-picture conversations, Dahlia Lithwick and Judge Pratt explore what everyone, up to and including Supreme Court Justices, can learn from procedural justice, also known as procedural fairness. You can watch Judge Pratt’s viral Ted Talk here. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 13, 2022
What the Dobbs Decision Means to Me
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In the second of Amicus’ Summer Series of interviews that step out of the day to day of jurisprudence to look at justice and the Supreme Court through a wide-angle lens, Dahlia Lithwick is joined by actor and playwright Heidi Schreck. Schreck created and starred in the Pulitzer Prize and Tony Award - nominated “What the Constitution Means to Me” and is a fierce advocate for abortion rights. Together, they try to locate the spot at the intersection of politics, law, culture, media and art that might provide a space to adequately describe the impacts of the Dobbs decision. And that is where they find the galvanizing forces and creative feats of imagination that have served previous generations in the fight for equal rights, and that will fuel the fight to come.  Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 30, 2022
Eric Holder's Supreme Court Protest
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Dahlia Lithwick is joined by former Attorney General Eric Holder as Amicus begins its summer season while the Supreme Court is in recess. General Holder describes his feelings when, as President Barack Obama’s Attorney General, he realized he could not in good conscience take part in the long-held tradition of the AG arguing an “easy case” before the Supreme Court. The issue? That same court had just eviscerated the Voting Rights Act in a case that will forever bear his name: Shelby County v Holder. General Holder wants us to take the steps beyond anger at the assault on voting rights, and move forward with joy toward action. His book, Our Unfinished March, is both a history of how voting rights became broken, and an action plan for delivering the promise of democracy: that the people pick their leaders. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 16, 2022
A Supreme Court Term Like No Other
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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
Jul 09, 2022
SCOTUS Wraps, Precedent Collapses, and KBJ Takes her Oath
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The term is over, and the ground upon which all Americans stood, has fundamentally shifted. Dahlia Lithwick is joined by Professor Dorothy Roberts to discuss the reality of forced birth and family separation upon marginalized peoples in America. Dorothy is the author of Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World, and of Killing the Black Body: Race, Reproduction, and the Meaning of Liberty. Then, Dahlia talks to Amy Westervelt of Drilled podcast to find out what West Virginia v EPA means for climate action, and the places the Biden Administration could still make progress.  For a behind the scenes look into some of the articles we read when we create the show, check out our Pocket collection at http://getpocket.com/slate.  Slate plus listeners will also have access to Dahlia’s conversation with Mark Joseph Stern, where they dig into some of the cases we couldn’t reach in the main show, including the Remain in Mexico decision and the alarming implications of the court taking up Moore v. Harper, which is all about the Independent State Legislature theory.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 02, 2022
Slate Plus Bonus: Praying at the 50 Yard Line and Dunking on the Libs
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Dahlia Lithwick and Mark Joseph Stern on Kennedy v Bremerton School District: a referendum on the status of truth at the high court, and another nail in the coffin of the establishment clause.  Slate Plus members have access to the whole interview.  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
Jun 28, 2022
Just Doing The Job They Were Put On The Court To Do
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Well it happened, Roe v Wade has been swept away and Dahlia Lithwick is joined by Mary Ziegler, a law professor at the University of California, Davis, and the author of “Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment.” And then we turn to the other blockbuster decision this week, in New York State Rifle and Pistol Association v Bruen. Dahlia talks to the Duke Center for Firearms Law, Joseph Blocher. In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern process more of the fallout from Dobbs and Bruen, and also examine the other blockbuster-in-normal-times case that almost escaped notice. Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 25, 2022
Slate Plus Bonus: Carson v Makin
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Dahlia Lithwick and Mark Joseph Stern react to the Supreme Court’s decision in Carson v Makin, a blockbuster religious liberty case that sees the court traveling a long way in a short time, and trampling the establishment clause along the way,  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
Jun 23, 2022
Somewhere, John Roberts is Screaming into an Expensive Pillow
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Dahlia Lithwick is joined by CNN legal analyst Joan Biskupic and election law Professor Richard Hasen for what could be called “Amicus: Wheels Coming Off Edition”. We’re still waiting for a bevy of blockbuster decisions, and despite Chief Justice John Roberts’ solemn wish to steady the ship, events at the January 6th select committee seem destined to scupper it. Joan, Rick and Dahlia talk about what’s to come in the most unusual last two weeks of June at the court that any of them can remember.  In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern on why everybody needs to stop saying “today is the day we get Dobbs” (and why that day is likely to be the last possible day this term), on how this court overturns precedent without overturning precedent, plus Justices Barrett and Gorsuch go at it - some of the time.   Find the What Next episode Mark mentions with Leah Litman here. Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 18, 2022
The January 6th Committee Revelations You Might Have Missed
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Dahlia Lithwick is joined by Ryan Goodman, professor of Law at NYU and co-editor-in-chief of Just Security. While we wait for the High Court to release opinions in a heaving pile of cases, the main constitutional action of the week was in Congress. Ryan Goodman has been piecing together the events of January 6th, and what led to it, for the past year and a half with colleagues at Just Security and Protect Democracy. Goodman leads Dahlia through what we heard from the January 6th select committee on Thursday night: what was new, what was big, and the emerging roadmap for Attorney General Merrick Garland.  In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern run down the SCOTUS decisions we got this week - including a stunning decision this week allowing border agents almost limitless protection from lawsuits for bad behavior. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 11, 2022
Our Guns Problem is a Democracy Problem
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Dahlia Lithwick is joined by Mark Joseph Stern to tee up the final weeks of the Supreme Court term. Several blockbusters are still to come, from abortion to gun rights to religious liberty to climate action—and then there’s the shadow docket. Mark and Dahlia break it all down with insights into what to expect and what to watch for.  Dahlia also spoke with former Attorney General Eric Holder this week, and he made the clear and urgent case that if you want gun reform, you need to work on democracy reform. Attorney General Holder will be back on Amicus in July to talk about his book for our summer reading series.  In this week’s Amicus Plus segment, as the Supreme Court investigates clerks over the Dobbs leak, and in the wake of the revelations of Ginni Thomas’ involvement in efforts to overturn the 2020 election, Dahlia is in conversation with Noah Bookbinder of CREW about how to fix judicial ethics.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 04, 2022
When a Shooter Comes to Your School
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In light of the Uvalde school shooting, we’re rebroadcasting a special audio presentation from Amicus that originally aired in 2018. Dahlia Lithwick spoke to three educators who survived gun violence at their schools. Heather Martin was a student at Columbine during the 1999 mass shooting; Mary Ann Jacob was library clerk at Sandy Hook at the time of the 2012 shooting; and Ken Yuers was a teacher at Rancho Tehama Elementary School when it suffered a school shooting in 2017. They discussed what they experienced, what it was like going back to the classroom, and what they want changed.  Learn more about your ad choices. Visit megaphone.fm/adchoices
May 28, 2022
Why the Coming January 6th Hearings are So Important
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Dahlia Lithwick is joined by Ambassador Norm Eisen to discuss The Big Picture: democracy, the Rule of Law and the new volume he has co-written and edited, Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy. Norm and Dahlia look back to January 6th 2021, and ahead to the coming hearings and the midterms.  In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about Ted Cruz’s victory at the Supreme Court, and what it means for what’s left of campaign finance law, the stunning decision out of the 5th circuit that questions the constitutionality of, well, pretty much the whole of the civil service… And Oklahoma’s new abortion ban law that picks up Texas’ vigilante reproductive regulation and runs with it. Sign up for Slate Plus now to listen and support our show.  We'll be back with another episode of Amicus on June 4th, when we’ll start coming to you weekly as the Supreme Court’s term hurtles to its conclusion and we are deluged with consequential decisions. Hoping you can join us to try to navigate the last few weeks of the term, and its fallout. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 21, 2022
Learning from Pre-Roe to Navigate Post-Roe
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In a special live panel discussion in partnership with the Crosscut Festival, this week’s Amicus tackles the post-leak landscape and potential post-Roe fallout from Justice Samuel Alito’s draft opinion in Dobbs. An all-star panel, featuring law professor and podcast host Melissa Murray, journalist and bestselling author Jessica Bruder, and Slate’s news director Susan Matthews—host of the upcoming Season 7 of Slow Burn focusing on the road to Roe v Wade—get together to discuss the past, present, and future of reproductive liberty.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 05, 2022
The (draft) Opinion of the Court on Abortion
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In a special episode for Slate Plus members, Dahlia Lithwick is joined by Slate’s Mark Joseph Stern for in-depth analysis of the stunning leaked draft opinion from Justice Samuel Alito in Dobbs v Jackson Women's Health Organization, the abortion case that is poised to overturn 50 years of jurisprudence and Roe v Wade. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham Learn more about your ad choices. Visit megaphone.fm/adchoices
May 04, 2022
Rewriting Statutes Via Courts
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On this episode of Amicus – in studio edition! – host Dahlia Lithwick is joined by Professor  Lawrence O. Gostin, professor of global health law, at Georgetown University, among many other things. They talk about the federal district court in Florida’s decision to lift the mask mandate for public transportation. While it may seem like a small deal given that the mandate was set to expire in a few weeks anyway, the decision was built on a very labored and tortured interpretation of the word “sanitation.” Professor Gostin explains that this case could have a chilling effect on government agencies. They also discuss why the decision by the Biden administration to appeal involved a lot of political calculous. In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern to talk about a death penalty decision at the Supreme Court and an upcoming case about school prayer.   Podcast production by Cheyna Roth. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 23, 2022
Fundamental Rights Doublespeak
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On the great legal history episode of Amicus, host Dahlia Lithwick is joined first by David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center. While GOP Senators used the Ketanji Brown Jackson hearings to take potshots at important ideas like unenumerated rights and substantive due process to score points with their base, the talking points became entrenched in political discourse. Does it matter? Of course it does. Later in the show, Dahlia is joined by Rund Abdelfatah co-host and producer of NPR’s podcast Throughline. The podcast explores the history behind current events. Dahlia and Rund talk about Throughline’s episode Pirates of the Senate to take a closer look at the history behind the filibuster, and explore why so many of our ideas about the filibuster are just plain wrong.  In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern on the Judge Ketanji Brown Jackson confirmation, a case creating a new constitutional bar against malicious prosecution, and more shadow docket shenanigans.  Podcast production by Sara Burningham and Cheyna Roth. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 09, 2022
Ketanji Brown Jackson: Asked and Answered
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It was a week: Judge Ketanji Brown Jackson’s confirmation hearings, Justice Clarence Thomas in the hospital, Ginni Thomas’ tweets in the hands of the Jan. 6 committee, and an out-of-the-blue redistricting decision on the shadow docket.  First, Dahlia Lithwick is joined by Angela Onwuachi-Willig, dean of Boston University Law School, to discuss why the Senate Judiciary Committee is a terrible venue for a job interview and the ways in which Judge Jackson rose above it.   Next, Dahlia talks to Nate Persily of Stanford Law School about how the hearing interacts with the bigger picture of disinformation ecosystems, Ginni Thomas’ texts, and fills us in on the Wisconsin redistricting case. Finally, they discuss Prof. Persily’s almost 40-year friendship with Ketanji Brown Jackson.  In our Slate Plus segment, Dahlia and Mark Joseph Stern dig into judicial ethics and what shocked them this week.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 26, 2022
A Ketanji Brown Jackson Confirmation-Hearing Preview
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In a Slate Plus-exclusive episode, Dahlia Lithwick and Mark Joseph Stern look ahead to next week’s hearings and lend their expert opinions on what’s likely to come up, what really matters, and who’s got the whole thing upside down.   Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 19, 2022
Anita Hill on the Supreme Court’s Future
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Dahlia Lithwick is joined by Professor Anita Hill to discuss confirmation hearings past and future, the unfinished work of equality, and whether the current Supreme Court can be part of that work.  In our Slate Plus segment, Slate’s senior jurisprudence editor Nicole Lewis and senior writer Mark Joseph Stern discuss the worrying news buried in a shadow docket “win” for redistricting, a unanimous decision Monday, and the judges who seem intent on threatening national security by meddling with the military.  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
Mar 12, 2022
Why “Cheap Speech” Threatens Democracy
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Election denialism and disinformation threaten the integrity of U.S. elections, but what can we do about this growing crisis? In this week’s Amicus, Dahlia Lithwick talks to election-law professor Rick Hasen about his new book Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It. Slate Plus members have access to an extended version of this interview.  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
Mar 05, 2022
And the Nominee Is … Judge Ketanji Brown Jackson
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As President Joe Biden announces his pick to replace Justice Stephen Breyer on the Supreme Court, Dahlia Lithwick is joined by Olivia Warren, a former clerk of nominee Judge Ketanji Brown Jackson, and Slate’s own Mark Joseph Stern to discuss Judge Jackson’s character, her qualifications, and the qualities she’ll bring to the highest court in the land if confirmed.  In our Slate Plus segment, members will hear more from Mark and Dahlia on the other big news of the week: the Supreme Court’s decision to take up a First Amendment case next term that could have sweeping implications for LGBTQ people—and for a lot of other folks besides. They also dig into Florida’s deeply disturbing “don’t say gay” legislation and Texas’ new vigilante directive targeting trans youth and their loved ones.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 26, 2022
Politics Masquerading as Law
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Dahlia Lithwick interviews Rep. Adam Schiff about his work on the Jan. 6 select committee and his fears for our democracy. Next, Dahlia is joined by pre-eminent election-law scholar Professor Franita Tolson, who clears up any confusion about what happened in the shadow-docket order concerning Merrill v Milligan, which appears to have kicked away the remaining protections of the Voting Rights Act’s Section II.  Slate Plus members will have access to Dahlia’s conversation with Mark Joseph Stern about shadow-docket shenanigans and Mark’s new beat: Madison Cawthorne, “everybody’s favorite insurrectionist-adjacent representative.” Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 12, 2022
Justice Breyer to Retire
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As Justice Stephen Breyer announces his intention to step down from the Supreme Court, Dahlia Lithwick is joined by Judge Nancy Gertner to discuss why now, what now, and who now. Judge Gertner is a former federal judge, member of the White House’s Supreme Court Reform Commission, Harvard Law professor … and she’s known Justice Breyer for decades. They discuss what’s changed on the court and wax nostalgic about Justice Breyer and Justice Scalia’s Muppet stadium tour.  In our Slate Plus segment, Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to dig into some of the nastier commentary around possible nominees for Justice Breyer’s seat, and to figure out what the rest of the term might look like in light of this week’s news.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 29, 2022
COVID in the Courtroom
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In the wake of two major vaccine-mandate decisions at the high court this week, Dahlia Lithwick is joined by Andy Slavitt, former senior adviser to Biden’s White House pandemic response team. Slavitt was also the acting administrator of the Centers of Medicare and Medicaid Services from 2015 to 2017. He hosts the In the Bubble podcast, and is the author of Preventable: The Inside Story of How Leadership Failures, Politics, and Selfishness Doomed the U.S. Coronavirus Response. In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern for more analysis of the vaccine cases, plus a look at state efforts to bar participants in the Jan. 6 insurrection from office, several vitally important state Supreme ourt decisions and what they suggest, and the refusal of Neil Gorsuch to mask up at the high court. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 15, 2022
2021 Was a Direct Response to 2020
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Dahlia Lithwick is joined by Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, to reflect on the past year and her time at the head of the legendary civil rights organization as she prepares to step down in spring 2022.  In our Slate Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern for the “Amicus Plus 2021 Hangover Edition,” in which they run down their biggest headaches from 2021 and look for signs of hope in the courts and the legal system for 2022. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 01, 2022
Jan. 6: The Coup That Wasn’t, but Still Could Be
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Almost a year later, are we seeing signs of some sort of accountability for the Jan. 6 insurrection? And why is that accountability so important and yet so hard to achieve? Dahlia Lithwick is joined by Walter Shaub, former director of the Office of Government Ethics, Shaub currently leads the Project on Government Oversight’s ethics initiative.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 18, 2021
The Purported Right to Abortion
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Dahlia Lithwick is joined by Mark Joseph Stern for an emergency reading of the jurisprudential tea leaves in the wake of the Supreme Court’s decisions regarding Texas’ abortion ban, under SB8.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 10, 2021
Inside the Arguments in Dobbs v Jackson Women’s Health
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Dahlia Lithwick is joined by Julie Rikelman, senior director of litigation at the Center for Reproductive Rights, who argued for reproductive rights and liberty on behalf of Jackson Women’s Health in Dobbs v Jackson Women’s Health at the Supreme Court this week. Together, they unpack the arguments and discuss the women missing from the narratives in the courtroom that day.  Then, Dahlia’s joined by Professor Katherine Franke, director of the Center for Gender and Sexuality Law at Columbia University and the founder and faculty director of the Law, Rights, and Religion Project at Columbia Law School. Professor Franke helps us examine how the Supreme Court’s conservative majority’s views on religious liberty undergirded Wednesday’s arguments, are set to influence the court’s jurisprudence, and will likely alter your constitutional rights.  In our Slate Plus segment, Slate’s own Mark Joseph Stern joins Dahlia for a frank discussion of the liberal justices’ performances in this week’s monumental abortion case, the gaslighting that maybe got us here, and then they look ahead to a big religious-liberty case coming up next week. 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
Dec 04, 2021
Everybody Wants to Be Scalia
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Dahlia Lithwick is joined by leading environmental lawyer and Harvard professor Richard Lazarus , author of The Rule of Five: Climate History at the Supreme Court, to discuss cases currently flying under many court-watchers’ radar, which could have a huge impact on our ability to respond to climate change.  In our Slate Plus segment, Slate’s senior jurisprudence editor Nicole Lewis joins Dahlia to discuss the Kyle Rittenhouse verdict, the criminal trial of Gregory and Travis McMichael and William Bryan in Georgia for the killing of Ahmaud Arbery, and the federal civil trial in Charlottesville of white supremacist groups, and what all three cases tell us about whiteness and justice in America. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 20, 2021
Guns on the Subway and Vigilantes in Texas
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Dahlia Lithwick is joined by Elizabeth Wydra, President of the Constitutional Accountability Center, a think tank, law firm, and action center dedicated to the project of using the original text, purpose and history of the Constitution to achieve progressive outcomes. Together, they take us inside the chamber for the big cases at the Supreme Court this week, concerning guns and abortion.  In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss some significant orders concerning religious exemption and capital punishment, the cert grant that’s bad news for the climate, and whether some of the justices might be having a shadow docket hangover.  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
Nov 06, 2021
The Supreme Court’s Role in Police Violence
4009
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
Oct 23, 2021
The Trump Court and the Roberts Court
3040
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
Oct 09, 2021
The Supreme Court’s Charm Offensive
2509
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
Sep 25, 2021
The Legal Repercussions of the War on Terror
3409
This weekend marks the 20th anniversary of 9/11, and as the withdrawal from Afghanistan dominates the headlines, so does the conversation about the forever war and its implications. Dahlia Lithwick is joined by Baher Azmy, the legal director of the Center for Constitutional Rights. Azmy has been challenging the U.S. government repeatedly over the past two decades, litigating matters from the rights of Guantanamo detainees, to discriminatory policing practices, to government surveillance, to the rights of asylum seekers and accountability for victims of torture. Azmy is also the author of the chapter "Crisis Lawyering in a Lawless Space: Reflections on Nearly Two Decades of Representing Guantánamo Detainees" in the Crisis Lawyering collection from NYU Press. In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern to talk about a case concerning religious freedom in the execution chamber, which made it off the shadow docket and into the light of day. They also explore who on earth has standing in Texas’ SB 8 anti-abortion law.  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
Sep 11, 2021
Abortion, Surveillance, and Vigilantism : An American Story
3882
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
Sep 03, 2021
Pauli Murray: Lawyer, Poet, Priest, Trailblazer
3865
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
Aug 28, 2021
The Lawlessness of Property and Ownership
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Dahlia Lithwick is joined by Professor Michael Heller, one of the authors of Mine! How the Hidden Rules of Ownership Control Our Lives, for the latest installment of Amicus’ summer season of episodes exploring books and films about the law.  Podcast production by Sara Burningham. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 14, 2021
“Braided In”: The Second Amendment and Anti-Blackness.
3401
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
Jul 31, 2021
A To-Do List for Senate Democrats
3229
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
Jul 17, 2021
An Elegy for the Voting Rights Act
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A Supreme Court brain trust gathers for this year’s Amicus Breakfast Table. Dahlia Lithwick is joined by Melissa Murray, professor at NYU School of Law and co-host of the podcast Strict Scrutiny; Jeffrey Fisher, Stanford Law School professor and co-director of Stanford’s Supreme Court Litigation clinic; Perry Grossman*, senior staff attorney at the New York Civil Liberties Union’s Voting Rights Project; and of course, Slate’s own Mark Joseph Stern. Together, they analyze the shape of the court and the ramification of its decisions at the end of the 2020 term.  *Perry Grossman appeared on this podcast in a personal capacity, and views expressed do not necessarily represent the NYCLU. 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
Jul 03, 2021
Fulton: Bigger Than We Thought?
2816
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
Jun 18, 2021
From the Snapchat Cheerleader to Katie Porter’s Whiteboard
4837
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
Jun 05, 2021
The Return of The Waves!
2065
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
May 29, 2021
The Conservative Legal Project Comes Home to Roost
4777
Dahlia Lithwick is joined by two independent abortion providers, Amy Hagstrom Miller of Whole Women's Health and Tammi Kromenaker of Red River Women's Clinic, to share their reactions to two huge pieces of news in reproductive rights and health this week: the Supreme Court’s Dobbs grant, and SB8 in Texas. Then, Ian Milhiser of Vox and Sen. Sheldon Whitehouse of Rhode Island join Dahlia to discuss the courts and democracy, and why Clarence Thomas may be the most consequential justice for a generation. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss why the justices feel emboldened to take up such blockbuster cases for next term. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Political Gabfest—and you’ll be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Podcast production by Sara Burningham. . Learn more about your ad choices. Visit megaphone.fm/adchoices
May 22, 2021
Rudy and the Death of Truth
3585
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
May 08, 2021
The Verdict, the Video, and the Unreasonable Burden of Proof.
3762
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
Apr 24, 2021
Why Are Republicans Upset About Corporate Free Speech All of a Sudden?
3531
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
Apr 10, 2021
Woulda, Coulda SCOTUS
3308
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
Mar 27, 2021
Live From SXSW, With Sen. Jeff Merkley
685
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
Mar 20, 2021
“An Injury To Their Electoral Prospects”
4621
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
Mar 13, 2021
First Amendment Fallacies
2780
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
Feb 27, 2021
Impeachment’s Message and Meaning
5179
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
Feb 13, 2021
Inside Impeachment
3343
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
Jan 30, 2021
The Domestic Terror Arm of MAGA
2674
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
Jan 16, 2021
The Predictability is Part of the Tragedy
3272
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
Jan 09, 2021
Truth, Reconciliation, and Korematsu v. United States
4050
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
Jan 02, 2021
Justice Breyer, In His Own Words
361
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
Dec 22, 2020
How Amy Coney Barrett is Already Making a Mark on the Court
3409
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
Dec 19, 2020
Trump’s Pardonpalooza
3502
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
Dec 05, 2020
“How Does This End Well?”
3677
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
Nov 21, 2020
Empty Suits
3317
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
Nov 07, 2020
The Canaries in the Coal Mine of Justice
4051
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
Oct 31, 2020
The American Contest
3141
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
Oct 24, 2020
The Litmus Test
2949
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
Oct 17, 2020
What Progressives Got Wrong About the Judiciary
4160
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
Oct 10, 2020
Testing the Election
3708
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
Oct 03, 2020
The Senate Judiciary Committee and Boxing Kangaroos
3313
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
Sep 26, 2020
Quiet Words That Remain
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Marking the passing of a constitutional titan, Dahlia Lithwick is joined by Columbia Law professor and former law clerk to Supreme Court Justice Ruth Bader Ginsburg, Gillian Metzger. And a special remembrance from Justice Ginsburg’s law school classmates Flora Schnall and Judge Carol Brosnahan.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 24, 2020
A Conversation about Conversations with RBG
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This is a replay of a special bonus live episode from the National Constitution Center. Dahlia Lithwick in conversation with Jeffrey Rosen about his 2019 book Conversations With RBG: Ruth Bader Ginsberg on Life, Love, Liberty, and Law.  Podcast production by Sara Burningham, with thanks to the National Constitution Center. Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 21, 2020
An Interview With Justice Ruth Bader Ginsburg
2625
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
Sep 19, 2020
Bill Barr’s American Carnage
3963
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
Sep 12, 2020
Dozens of Baby Bush v Gores
4021
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
Aug 29, 2020
Behind the Scenes of "The Class of RBG"
1738
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
Aug 15, 2020
An Interview With Justice Ruth Bader Ginsburg
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Exclusive to Slate Plus members, Dahlia Lithwick’s January interview with Ruth Bader Ginsburg about the women of Harvard Law School’s class of 1959.  Sign up for Slate Plus now to listen to the full interview and support our show. Go to Slate.com/RBG for more on all the women of the class. Find the print version of this interview here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 01, 2020
Amicus Presents: The Class of RBG Part Two
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When Ruth Bader Ginsburg became the second woman appointed to the U.S. Supreme Court, the women who went to law school with her knew something of what it had taken to get there. In the second part of this special series, Dahlia Lithwick talks to Justice Ginsburg’s classmates about their lives in the law after Harvard, and to Justice Ginsburg herself about what women in the law today can take from their stories.  Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here.  Archive of President Bill Clinton announcing his intent to nominate Ruth Bader Ginsburg to the Supreme Court courtesy; William J. Clinton Presidential Library. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 25, 2020
Amicus Presents: The Class of RBG Part One
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Dahlia Lithwick goes back to where one of the most influential legal careers in US history began—Harvard Law School, September 1956—to find out what we can learn from the other women of the class of 1959, and their notorious classmate.  Read Slate’s full interview with Ruth Bader Ginsburg about her own time at Harvard Law School and her memories of her female classmates here. Read the full stories of each woman’s life here.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 21, 2020
Coming Soon
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Who were the nine other women of Harvard Law School's class of 1959? Justice Ruth Bader Ginsburg remembers them all. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 18, 2020
Roberts vs. Trump
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Dahlia Lithwick is joined by Dean Erwin Chemerinsky of Berkeley Law, associate law professor Zephyr Teachout of Fordham University, and Slate’s own Mark Joseph Stern to rake over the end of the Supreme Court term, taking a close look at the Trump financial records cases, the ministerial exception cases, and a landmark decision about tribal lands in Oklahoma.   Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 10, 2020
What’s Left of Roe v. Wade?
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Dahlia Lithwick is joined by Professor Melissa Murray of NYU School of Law and Jeffrey Toobin of the New Yorker for a round table discussion of the big abortion case of the term, why Chief Justice John Roberts chose to strike down the Louisiana abortion law in June Medical Services LLC v Russo, and why opinion about Roberts’ opinion seems to be divided along very gendered lines. In the Slate Plus segment, Dahlia and Mark Joseph Stern break down the other big opinions of the week and their implications for executive power and the separation of church and state. Finally, they look ahead to what remains of the term. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 04, 2020
Blockbusters: DACA and Title VII
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Dahlia Lithwick is joined by Luis Cortes Romero, the attorney and DACA recipient who was part of the team that prevailed in this week’s DACA ruling. He will restore some of your faith in the American courts. And then Dahlia talks to Professor Pam Karlan about this week’s landmark LGBTQ employment rights case, in which she argued successfully for Title VII protections to apply to gay, lesbian, bisexual, and transgender employees. In the Slate Plus segment, Mark Joseph Stern tries to help Dahlia figure out who this new Chief Justice John Roberts is and what that can tell us about the remaining (huge) opinions still to be issued this term. 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
Jun 20, 2020
Race, Police, and The Law
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Dahlia Lithwick is joined by Dean Angela Onwuachi-Willig of Boston University School of Law to share the feelings and thinking behind her letter to her students reflecting on recent protests and killings. (Also mentioned, the letter from the Washington State Supreme Court and the Massachusetts Supreme Judicial Court.) Next, Vanita Gupta of the Leadership Conference on Civil and Human Rights and former head of the Civil Rights Division of the Justice Department in the Obama administration discusses America’s overpolicing problem and what’s needed for real change. In the Slate Plus segment, Mark Joseph Stern on the midnight decision in a case brought by churches who objected to state lockdown orders, and why the GOP strategy to block voting by mail has a big swing state problem.  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
Jun 06, 2020
Immunity, Impunity, and Justice by the Numbers
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A big show for the long weekend. First, Dahlia Lithwick is joined by Leah Litman of the University of Michigan Law School to discuss oral arguments in the Trump financial records cases, and to get granular with the question of who gets interrupted most in oral arguments over the phone. (Guess what? It’s gendered.) Next, a big picture conversation about the rule of law and global justice before, during, and after COVID-19, with David Miliband of the International Rescue Committee.  In the Slate Plus segment, Mark Joseph Stern takes us through arguments in the faithless electors case, the big religious freedom case that most people missed, and why you shouldn’t read too much into the Supreme Court’s latest order regarding the Mueller Report.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 23, 2020
Big Days for Justice
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Dahlia Lithwick is joined by Susan Hennessey, national security analyst and executive editor of Lawfare to discuss the ramifications of the Justice Department’s decision to drop the case against Michael Flynn. Later in the show, Lithwick is joined by veteran Supreme Court watcher Linda Greenhouse to unpack the new format for Supreme Court arguments: a teleconference carried live on C-SPAN, with a close look at the birth control case you might have missed.  In the Slate Plus segment, Mark Joseph Stern on how Flushgate could affect post-pandemic openness at the Supreme Court and which justice is crushing the conference calls. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 09, 2020
States’ Rights
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Dahlia Lithwick is joined by Colorado State Attorney General Phil Weiser to talk about how states’ rights fit into the picture of America that’s emerging in this pandemic.  In the Slate Plus segment, Mark Joseph Stern joins Dahlia to talk about the big decisions that came down from the high court this week and what they mean for other, even bigger, decisions yet to come this term. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 25, 2020
Why, Wisconsin?
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Dahlia Lithwick is joined by Marc Elias, chair of Perkins Coie’s Political Law Group, he represents the Democratic National Committee and the Democratic Party of Wisconsin. Together, they reconstruct how the Supreme Court stepped into Wisconsin’s April election, and what the path to that decision—and the fallout from it—can teach us ahead of November.  In the Slate Plus segment, Mark Joseph Stern talks about Mitch McConnell’s continued campaign to stack the judiciary, the dissonance between conservative positions on election law and reproductive rights in the time of COVID, and the piece he wishes he and Dahlia had written together this week, but didn’t. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 11, 2020
Protecting Democracy in a Pandemic
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Dahlia Lithwick is joined by Ian Bassin, former associated White House counsel from 2009-11 and co-founder of Protect Democracy for a look at the pain points, tensions, and glimmers of hope in how this constitutional democracy is handling the unprecedented challenges presented by COVID-19.  In the Slate Plus segment, Mark Joseph Stern on why Justice Elena Kagan is voting with the conservatives, the unanimous decision in Comcast Corp. v. National Association of African American Media and what it means for future civil-rights cases, and the crisis unfolding in the immigration courts. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 28, 2020
The Law of Public Health
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Dahlia Lithwick is joined by Professor Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy at the University of California Irvine School of Law. Professor Goodwin unpacks the oral arguments in this term’s big reproductive health case, June Medical Services, and delves into the history of racism and civil-rights trampling in the name of public health.  For plus members, Mark Joseph Stern joins Dahlia with what to expect from a SCOTUS closed to the public, the Obamacare case, and which record was met at the Supreme Court this week.  Podcast production by Sara Burningham. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 14, 2020
Have Progressives Lost the Courts for Good?
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Dahlia Lithwick asks the new president of the American Constitution Society, Russ Feingold, if it’s too late for progressives to respond to the conservative steamroller that is the Federalist Society.  Slate Plus members have access to a bonus segment in which Slate’s Mark Joseph Stern breaks down the headlines, cases, cert grants, and conundrums from the Supreme Court and federal appellate courts. To start your free two-week trial go to slate.com/amicusplus Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 29, 2020
Election Meltdown, Professor Brendan Nyhan
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Brendan Nyhan is a political science professor at Dartmouth College who focuses on misinformation and so-called fake news. His views on how fake news affects election outcomes might surprise you.  Try Slate Plus free: slate.com/amicusplus Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 26, 2020
Election Meltdown, Part 5
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In the fifth and final part of this special series of Amicus, Dahlia Lithwick is joined live on stage in Washington by former Florida gubernatorial candidate Andrew Gillum, MacArthur fellow Professor Danielle Citron of Boston University law school, director of the ACLU’s voting-rights initiative Dale Ho, and election law professor Rick Hasen of the University of California, Irvine. Together, they pick themselves up from the rug of despair with a pile of can-do fixes for the stress points threatening the integrity of U.S. elections.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 22, 2020
Election Meltdown, Part 4
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In the fourth part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen and Professor Carol Anderson, Charles Howard Candler Professor of African American Studies at Emory University and author of  One Person, No Vote: How Voter Suppression is Destroying Our Democracy. Together, they try to sort through the rhetoric and the reality of “stolen” elections.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 15, 2020
Election Meltdown, Part 3
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In the third part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to unpack the bag of dirty tricks that may be deployed in 2020’s election, and to examine the debris of the Iowa caucus debacle to find clues to what’s coming.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 08, 2020
Election Meltdown, Part 2
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In the second part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to take a close look at what happened with Michigan’s failed recounts in 2016, exploring how small mistakes can cause big problems in elections, and why democratic areas seem much more prone to incompetence in election administration.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 02, 2020
Impeachment's Aftermath
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Dahlia Lithwick is joined by Barbara McQuade, professor of law at the University of Michigan and former U.S attorney for the Eastern District of Michigan, to explore the ramifications of the last two weeks in the Senate.  Join us for a live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 01, 2020
Election Meltdown, Part 1
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Despite winning the Electoral College vote in 2016, President Donald Trump still claimed widespread voter fraud had robbed him of millions of votes. In the first part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to explore how those claims bolstered voter suppression and now threaten the integrity of the 2020 election. Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 25, 2020
A Trial That's Not A Trial
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Dahlia Lithwick is joined by Neil Eggleston, White House Counsel during the last three years of the Obama Administration. He also represented the Office of the President in privilege litigation against the Starr Independent Counsel’s Office during the President Clinton Whitewater/Lewinsky investigation. Together, they take a close look at the lawyers surrounding the president, and at the legal strategies in play as the impeachment process moves into its trial phase. Join us for a live show on February 19th in Washington DC: https://slate.com/live/amicus-live-w-dahlia-lithwick-andrew-gillum-and-more.html Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 18, 2020
What Is Impeachment For?
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In a conversation taped live at the Aspen Institute, Dahlia Lithwick speaks to former acting solicitor general of the United States Neal Katyal about impeachment, and how he approaches is it as an “extremist centrist.” Katyal’s book, co-written with Sam Koppelman, Impeach: The Case Against Donald Trump, is out now. This is a preview of a Slate Plus episode. To hear the episode in full, sign up for Slate Plus. Come see Dahlia Lithwick chatting with Andrew Gillum, Rick Hasen, and other guests live at the Hamilton in Washington, D.C., on Feb. 19. Podcast produced by Sara Burningham. Stay in touch: amicus@slate.com, or find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 07, 2020
Buckle Up, John Roberts
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Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to discuss Chief Justice John Roberts’ New Year’s resolutions on the judiciary, impeachment, and this Supreme Court term. Stern’s book American Justice 2019: The Roberts Court Arrives is out now.  Podcast produced by Sara Burningham. Stay in touch: amicus@slate.com Find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 04, 2020
Divided Realities
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Dahlia Lithwick is joined by three women using their legal experience to advocate for people trying to navigate the ever-changing, labyrinthine process of claiming asylum in the United States. It’s tough work, and they are volunteering in the face of mounting obstacles. Liz Willis and Dennise Moreno are from ASAP , and Kristin Clarens is with Project Adelante. Next, Dahlia talks to Susan Hennessy of Lawfare to understand the intertwined significance of impeachment, the Mueller Report, and the Department of Justice inspector general’s report.  Send in your questions for our Roberts Court special episode with Mark Joseph Stern on Jan. 4. Submit questions by Jan. 1 to amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 21, 2019
Slate Presents: Lockdown
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If you have any school-aged children in your life, you know that lockdown and active shooter drills have become a routine part of their school experience. These drills now take place in 95 percent of American schools. What you’re about to hear is a collaboration between Slate and The Trace, a nonprofit newsroom covering gun violence in the United States. It’s an audio project featuring firsthand accounts from kids of all ages about what it’s like to go through these drills. We hear a lot about school shootings, but we’re only starting to have a larger conversation about how they affect even those kids who may never go through one.  You can hear more from the students at slate.com/lockdown. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 18, 2019
Impeaching Other Presidents
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Dahlia Lithwick is joined by Kate Shaw, a professor of law at Cardozo Law School and the co-director of the Floersheimer Center for Constitutional Democracy. They talk about presidential speech, impeachment, and why figuring out what happens next involves taking a close look at what happened in 1868. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 07, 2019
Bonus: A Conversation About Conversations With RBG
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A special bonus live episode from the National Constitution Center. Dahlia Lithwick in conversation with Jeffrey Rosen about his new book Conversations With RBG: Ruth Bader Ginsberg on Life, Love, Liberty, and Law.  Podcast production by Sara Burningham, with thanks to the National Constitution Center. Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 28, 2019
Your Move, Mitch
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Dahlia Lithwick wants to know what’s next in the impeachment process, so she asks Professor Michael Gerhardt, an expert on constitutional law and the relationship between congress and the president. Then, former Secretary of the Department of Homeland Security Janet Napolitano takes us through the details of the DACA arguments at the SCOTUS. Napolitano rolled out DACA under President Obama and is now suing the federal government for rescinding it on behalf of thousands of students at the University of California, where she is now president. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 23, 2019
Live Bonus: Press Freedom
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Recorded at the Miami Book Fair, in partnership with the Reporters Committee for the Freedom of the Press. Dahlia Lithwick is joined by Laura Moscoso from the Centro de Periodismo Investigativo in Puerto Rico; Norah Gamez-Torres, who covers Cuba for the Nuevo Herald and the MIami Herald; and Emily Michot from the Miami Herald, who worked with Julie K. Brown to break the Jeffrey Epstein story. This fascinating discussion serves as a timely reminder of the centrality of journalism to the health of our democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 16, 2019
A Look at the Original Quid Pro Quo: Emoluments.
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Dahlia Lithwick calls former prosecutor Mimi Rocah for an answer to a question Amicus listeners often ask. She then asks Sen.Sheldon Whitehouse, D-Rhode Island, if all hope is lost for the federal judiciary. Finally, she revisits emoluments with Deepak Gupta and pulls on threads that extend right into the impeachment investigation.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 09, 2019
Bonus: Impeachment and the “Spy Stuff”
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Dahlia Lithwick is joined by Rep. Jim Himes of Connecticut, who sits on the House Intelligence Committee, to talk about the role of intelligence and counterintelligence in the Mueller probe, the impeachment inquiry, and the damage deep state fever dreams could do to law enforcement and oversight. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 29, 2019
The Conservative Legal Resistance
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Dahlia Lithwick is joined by Stuart Gerson of the conservative legal group Checks and Balances to talk about developments in the border-wall case he helped bring in El Paso, Texas; the view of impeachment from concerned conservatives; and the latest escalation in the Department of Justice’s investigation into the origins of the Russia investigation. Then Cyrus Habib, lieutenant governor of Washington state (and owner of the most impressive résumé of any guest ever on the show) shares a refreshingly optimistic take on the law and politics.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 26, 2019
Impeachment Primer
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Dahlia Lithwick is joined by all-star SCOTUS experts to walk us through this week’s biggest legal and constitutional developments. First, Laurence Tribe answers the questions Amicus listeners have been asking about the next steps in the impeachment process. Next, Pamela Karlan takes us inside the chamber for Tuesday’s oral arguments in a trio of Title VII cases at the high court.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 12, 2019
Get Ready for the Most Significant Supreme Court Term in a Decade
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Dahlia Lithwick is joined by Dean Erwin Chemerinsky of the University of California, Berkeley School of Law, who explains the biggest cases facing the Supreme Court this term. Then Nancy Northup, president and CEO of the Center for Reproductive Rights, explains why the justices have decided to take up June Medical Services v Gee, the first big abortion case of the Kavanaugh era.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 05, 2019
How Donald Trump Weaponizes the Law
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Dahlia Lithwick is joined by Walter Dellinger to discuss impeachment, and the role of White House lawyers in “Ukraine-gate”. And James Zirin, author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits , breaks down the President’s history of weaponizing the law while trampling legal norms. donorschoose.org/AMICUS Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 28, 2019
The Clerk’s Eye View of Justice John Paul Stevens
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Dahlia Lithwick is joined by Professor Sonja West of the University of Georgia School of Law and Professor Jamal Greene of Columbia Law School, both former clerks to Supreme Court Justice John Paul Stevens. They discuss his life, legacy, and the lessons they learned from the late justice. 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
Sep 14, 2019
Redefining The Executive Power
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Dahlia Lithwick is joined by Julian Mortenson, Professor of Law at the University of Michigan to discuss his work to re-frame the conversation around “the executive power”. His paper, “Article II Vests Executive Power, Not The Royal Prerogative” traces the constitutional history of the three words that have grown to encompass so much.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 31, 2019
Lawyers, Who Needs 'Em?
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Dahlia Lithwick is joined by Rebecca Sandefur, who turns a sociologist’s eye to civil justice. Civil justice problems can lead to bankruptcy, homelessness, illness, family separation and poverty, but Sandefur says what makes it to the courts is just the “tip of the civil justice iceberg”.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 17, 2019
Let's Start with Race
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Dahlia Lithwick is joined by Michele Goodwin, Chancellor’s Professor of Law at the University of California, Irvine, for a wide reaching conversation about race and gender and the stories America tells itself so it can sleep at night. Starting with Trump’s tweets about Baltimore, Professor Goodwin offers an expert survey of centuries of racist and sexist narratives in the legal system and the country at large. This week’s show also features excerpts from a live discussion Dahlia moderated at the 92 St Y with Heidi Shreck (What the Constitution Means to Me) and Professor Laurence Tribe (Harvard Law School). Podcast production by Sara Burningham Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 03, 2019
The End of an Era, and the Cult of the Constitution.
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In a week marked by rising rancor, when racist rhetoric ricocheted out of the president’s twitter feed and into a chanting crowd at his reelection rally, the end of an era almost slid under the radar. Dahlia Lithwick reflects on the passing of Justice John Paul Stevens, and the more than symbolic shift from his jurisprudence, his character,  to our current state of affairs at the high court and beyond. You can read more here. And Dahlia is joined by Professor Mary Anne Franks of the University of Miami Law School to talk about her book, “The Cult of the Constitution”, how growing up among christian fundamentalists helped her write a book about constitutional extremists, and why there’s still hope for America’s faulty founding document. Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 20, 2019
High Crimes and Misdemeanors
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Dahlia Lithwick is joined by Frank Bowman, author of the upcoming book High Crimes and Misdemeanors, A History of Impeachment for the Age of Trump about the big question: Impeachment, its historical precedent, constitutional roots, and present day predicaments.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 06, 2019
Ready, Set, Gerrymander!
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A round table round-up of the 2018 Supreme Court term with Dahlia Lithwick, Slate’s Mark Joseph Stern, Professor Pam Karlan of Stanford and Professor Leah Litman of the University of Michigan Law School. Analysis of the census case, the gerrymandering cases, and the down-docket items you might have missed, but whose repercussions you won’t.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 29, 2019
Trumpcast: An Interview With E. Jean Carroll
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Dahlia Lithwick joins Trumpcast as a special guest co-host for an intimate conversation with journalist E. Jean Carroll, author of "What Do We Need Men For." Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 28, 2019
Flowers, Crosses, Clauses and Oaths
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A flurry of decisions this week, but few big-ticket items. Mark Joseph Stern takes us through  the opinions and dissents in Flowers v Mississippi, Gundy v United States and American Legion v American Humanist Association. Dahlia Lithwick is also joined by Jed Shugerman and Andrew Kent of Fordham University Law School, two of the authors of the Harvard Law Review article, Faithful Execution and Article II, which examines whether the constitution holds the President to some higher standard than just not doing crimes. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 22, 2019
Clarence Thomas Said What?
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When Justice Clarence Thomas wrote a 20 page concurrence to the Indiana abortion law case last week, Adam Cohen’s phone started blowing up. In making an argument linking abortion rights to eugenics, Justice Thomas repeatedly cited Cohen’s book, Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck Adam Cohen joins Dahlia Lithwick to explore the history of eugenics in the U.S. and to examine  Justice Thomas’ motives and logic for bringing the argument into the abortion debate.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 08, 2019
“Slouching Toward Gilead”
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A swathe of draconian abortion laws have been passed by states around the country in the past few weeks, but Alabama outdid them all. Legislators there are clearly hoping Justice Kavanagh will nullify Roe v Wade with a stroke of a pen, but there are quite a few other factors at play here and this week Dahlia Lithwick is joined by just the right women to explore those factors. Professor of Law Melissa Murray of NYU discusses the history and significance of Roe, and CNN legal analyst Joan Biskupic, who also authored the new book “The Chief, the Life and Turbulent times of Chief Justice John Roberts”, joins Dahlia to dissect Roberts’ record and reservations when it comes to reproductive rights.  Learn more about your ad choices. Visit megaphone.fm/adchoices
May 25, 2019
A Judge, on Judging
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Judges are at the center of every conversation on Amicus, but never as guests on the show. Until today. Dahlia Lithwick has a wide-ranging and illuminating conversation with Robert Lasnik, Senior United States District Judge of the United States District Court for the Western District of Washington. Judge Lasnik answers questions about how cases are selected, where the judiciary has fallen short in response to #metoo, whether justices should hit back against criticism or maintain a lofty silence, and why Bob Dylan looms large in his courtroom  (more details in this 2011 LA Times article). Learn more about your ad choices. Visit megaphone.fm/adchoices
May 11, 2019
The Fight for LGBTQ Protections Under the Civil Rights Act
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Mark Joseph Stern guest hosts and digs into two cases in the Supreme Court this week. First, the court’s questioning if Title VII of the Civil Rights Act extends to LGBTQ protections. Then, the addition of the citizenship question on the 2020 census. Finally, Dahlia interviews Richard Rothestein, author of “The Color of Law”, about the history of residential segregation.  Podcast Production by Danielle Hewitt Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 27, 2019
Extra: Redactionist History
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Dahlia Lithwick is joined by former department of Justice spokesperson Matt Miller and Fordham Law Professor Jed Shugerman for a read of the (redacted)  Mueller report.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 18, 2019
Death Penalty Dust-Ups at the High Court
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Dahlia Lithwick is joined by Harvard Law School Professor Carol Steiker, co-author of Courting Death: The Supreme Court and Capital Punishment to explore recent death penalty cases before the Supreme Court and why the 8th amendment has raised tensions among the justices. This episode is brought to you by The Great Courses Plus.  Get your free trial, plus 50% off your monthly plan at TheGreatCoursesPlus.com/Amicus. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 13, 2019
Kavanaugh and Kagan Had a Moment
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Dahlia Lithwick and Mark Joseph Stern unpack the arguments in the North Carolina and Maryland gerrymander cases heard by the Supreme Court this week, and Aaron Belkin of advocacy group Pack the Courts tells us why packing the courts is becoming a serious topic in the Democratic presidential race. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 30, 2019
Lawyers are Tackling our Democracy Problem Via the Take Care Clause
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Dahlia Lithwick pans back this week to assess what’s holding and what’s buckling in terms of norms and institutions, two years and change into the Trump presidency. She’s joined by Ian Bassin of Protect Democracy, a new kind of litigation shop looking at global trends toward authoritarianism and trying to resist those trends in the United States. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 16, 2019
The Case Regarding the So-Called Emergency
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Dahlia Lithwick is joined by conservative lawyer Stuart Gerson and finds common ground over the President’s declaration of a national emergency so he can build the wall.  And Leah Litman helps us take a lawyerly look at Michael Cohen’s testimony before congress this week. 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
Mar 02, 2019
Parsing the Shadow Docket
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This episode is brought to you by Simplisafe. Start protecting your home today at simplisafe.com/amicus. Dahlia Lithwick is joined by Dean Risa Goluboff and Vice-Dean Leslie Kenrick of the University of Virginia School of Law. Together, they tackle issues of race in government, gender in the law, plus religion and reproductive rights in the court. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 16, 2019
Amicus Presents: The Pre-Crime Unit
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Predictive policing technology is spreading across the country, and Los Angeles is the epicenter. A small group of LA activists are in a lopsided campaign against billions of dollars in city, federal, and Silicon Valley money using algorithms to predict where and when the next crime is going to occur, and even who the perpetrators are going to be. Today, AMICUS is here to introduce you to Hi-Phi Nation, a new podcast from Slate. In this episode, host Barry Lam embeds with the Stop LAPD Spying coalition for a week in Skid Row and investigates how state-of-the-art predictive policing programs work. He then talks to sociologists and philosophers about how big data is changing the relationship between police and the communities they serve. We then turn to the justice of using statistical predictions for the purposes of profiling and police intervention. This is part 1 of 2 on the use of statistical algorithms in criminal justice. Guest voices include the LAPD police commissioners, Hamid Khan, Jamie Garcia, Sarah Brayne, Flora Salim, and Renee Bolinger. This episode is brought to you by Care/Of. For 50% off your first month of personalized Care/of vitamins, go to TakeCareOf.com and enter promo code HIPHI50 at check out.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 09, 2019
What Did We Learn From The Trans Ban Injunction Decision?
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Dahlia Lithwick is joined by Sharon McGowan, legal director of Lambda Legal, to discuss how they’re fighting the trans ban following SCOTUS decision to lift the injunctions on the policy going into action.  Also, Dahlia gets the latest on the Mueller investigation from Joyce White Vance, former US attorney in the Northern District of Alabama, including why Mueller didn’t charge Roger Stone with conspiracy. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 02, 2019
We’re Back to Where Mueller Began: Counterintelligence
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UPDATE: On the evening Friday January 18th, after production of this episode of Amicus had wrapped, special counsel spokesman Peter Carr issued the following statement: "BuzzFeed’s description of specific statements to the Special Counsel’s Office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s Congressional testimony are not accurate.” Ben Smith, editor-in-chief of Buzzfeed News says the publication stands by its reporting. Dahlia Lithwick is joined by Asha Rangappa, a former FBI special agent specializing in counterintelligence investigations and now a senior lecturer at Yale University’s Jackson Institute for Global Affairs. Together, they unpack the counterintelligence angle of the Mueller probe. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. This episode is brought to you by the following advertisers: Simplisafe, start protecting your home today at simplisafe.com/AMICUS. The Great Courses Plus, for 50% off your first three months, go to thegreatcoursesplus.com/AMICUS. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 19, 2019
The Threat of National Emergency
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What would a national emergency look like, and why hasn't Trump declared one yet? Dahlia Lithwick has answers and joins What Next, Slate's new daily news podcast, Plus: Was it weird that Ruth Bader Ginsburg wasn't at work this week? Tell us what you think by leaving a review on Apple Podcasts or sending an email to whatnext@slate.com. Follow us on Instagram for updates on the show. Podcast production by Mary Wilson and Jayson De Leon. Subscribe to What Next on Apple Podcasts, or wherever you listen.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 11, 2019
Chief Justice John Roberts, a Rock, and a Hard Place
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Dahlia Lithwick is joined by Joan Biskupic, CNN legal analyst and author of the upcoming book The Chief: The Life and Turbulent Times of Chief Justice John Roberts, to unpack John Roberts’ State of the Judiciary address, and to examine the state of the Chief Justice. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 05, 2019
The Incrementalist RBG
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Before news of Justice Ruth Bader Ginsburg’s lung surgery broke, Dahlia Lithwick sat down for a revealing conversation with the screenwriter Daniel Stiepelman about the RBG biopic he penned, On The Basis of Sex. Stiepelman also happens to be Justice Ginsburg’s nephew, and this episode offers an insider’s view of the most well-known, but not always fully understood, justice on the court. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 22, 2018
Mapping the Mueller Investigation
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*This week's show was recorded before Friday's filings concerning Paul Manafort and Michael Cohen, but the merits of the discussion stand. Mimi Rocah, a former federal prosecutor in the Southern District of New York, now a Criminal Justice Fellow at Pace Law School draws out the themes of the Mueller investigation. Plus Dahlia Lithwick is joined by Riyaz Kanji, an attorney for the Creek Nation, to explore the fascinating questions and disgraceful history involved in Carpenter v Murphy,  a case argued by Kanji before the Supreme Court last week. The case started with a murder and now involves questions of sovereignty over 3 million acres in Oklahoma.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 08, 2018
A Hard Line on Acosta’s Hard Pass
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Dahlia Lithwick is joined by Ted Boutrous, who represented CNN and Jim Acosta in their case against the White House. Jim Acosta’s “hard pass” or permanent press pass, was revoked by the Trump administration after Acosta clashed with the President at a November 7th news conference. Dahlia Lithwick and Ted Boutros examine questions of due process and free speech thrown up by the case. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 24, 2018
“Taking a Wrecking Ball to Our Constitution”
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Dahlia Lithwick is joined by Neal Katyal, former acting Solicitor General under President Barack Obama and co-author of this op-ed in The New York Times. Also on Amicus this week, Dale Ho, director of the ACLU’s voting rights project on why their current litigation over the 2020 census is so crucial, and concerning. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 10, 2018
SPECIAL: The Deadly Shooting at the Tree of Life Synagogue
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Dahlia Lithwick and her son Coby talk to Rabbi Chuck Diamond about the deadly shooting at the Tree of Life synagogue in Pittsburgh. Diamond was the rabbi at Tree of Life for seven years and originally met Dahlia when she was 10 years old. The three of them discuss the generosity of the Squirrel Hill community, the healing process over the past week, and how to talk to kids about the tragedy.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 03, 2018
Docket Deep Dive and Is It Time to Freak Out About Voting?
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Dahlia Lithwick talks with Slate’s own Mark Joseph Stern about what to look out for this term. Professor of law and political science at UC Irvine, Rick Hasen discusses how free and fair the midterm elections will be in light of recent Supreme Court rulings on voting rights. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 27, 2018
Amicus Presents: Legal Wars
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The courtroom can be a battlefield over money, people’s rights, and even their lives. For some cases, the consequences can affect us long after the verdict is read. Based on extensive interviews and court transcripts, Wondery’s new podcast LEGAL WARS puts you inside the jury box of some of the most famous court cases in American history. Subscribe to Legal Wars today at wondery.fm/amicus Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 22, 2018
Due Processing
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Dahlia Lithwick talks with Senator Jeff Merkley of Oregon about the “deep wounds” in the senate following Justice Kavanaugh’s confirmation. And she’s joined by Vox’s Matthew Yglesias who brings his nihilism about the institution of the Supreme Court to the show. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 13, 2018
Live from Austin
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In a special episode recorded live at Slate Day during Tribfest in Austin,  Dahlia Lithwick is joined by Angela Onwuachi-Willig, Dean of Boston University Law School, Cristina Rodriguez, Leighton Homer Surbeck professor of law at Yale Law School, Stephen Vladeck, A. Dalton Cross professor of law at the University of Texas Law School and Adam White, director of the Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School for a deep dive on the fallout from the Kavanaugh hearings and the future of the Supreme Court absent a swing justice. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 01, 2018
The Press, The President, and Enemy Construction
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This week Dahlia Lithwick looks at freedom of the press through the lens of legal scholarship. Lithwick is joined by Professor Lisa Sun of Brigham Young University’s J. Reuben Clark Law School and RonNell Andersen Jones, the Lee E. Teitelbaum Chair & Professor of Law, S.J. Quinney College of Law, University of Utah Law School. Their article “Enemy Construction and the Press” was published in the Arizona State Law Journal last year. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 29, 2018
Introducing Slate Day
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Join Dahlia Lithwick for a conversation on the Supreme Court with Angela Onwuachi-Willig, dean and professor of law at Boston University; Cristina Rodríguez, a professor of law at Yale University; Stephen Vladeck, professor of law at the University of Texas, and Adam White, director of the Center for the Study of Administration at George Mason University. Get your tickets here.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 24, 2018
SPECIAL: Surviving a School Shooting, From a Teacher's Point of View
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In an intimate conversation, three educators who survived school shootings talk to Slate’s Dahlia Lithwick about the trauma of going back to the classroom.  For a transcript, visit Slate.com/TeacherPodcast Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 20, 2018
Roe v Kavanaugh
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Dahlia Lithwick is joined by Professor Melissa Murray of NYU Law School, who gave blistering testimony at the Kavanaugh confirmation hearings last week. They talk Roe v Wade, when precedent counts and when it doesn’t, and what the likely confirmation of Kavanaugh to the Supreme Courts means for reproductive rights writ large. Plus, Dahlia Lithwick shares highlights from an on-stage conversation between her and Justice Elena Kagan this past week, where they covered division in the court and in the country, how Chief Justice Roberts steers the court through choppy waters, and civility. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 15, 2018
Back to School Protest Special
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Student activism is back in America’s schools. Young people mobilizing around gun safety and social justice issues are heading back to school. We talk to Mary Beth Tinker, who took her fight for the right to protest at school all the way to the Supreme Court back in 1969. And we hear from noted First Amendment scholar Geoffrey R. Stone of the University of Chicago Law School, who tells us what rights students have to raise their voices—or wear t-shirt slogans—in schools today. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 01, 2018
Barbie, Bratz, and Who Owns Your Dreams?
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You Don’t Own Meis Orly Lobel’s fascinating examination of a landmark legal battle between plastic dolls. The Mattel v MGA, Barbie v Bratz case exposed questions about gender, culture and rights in the workplace. This episode of Amicus takes you inside a case involving corporate espionage, intellectual property, and icons of American girlhood. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 18, 2018
A Taftian Antidote to Trumpian Excesses
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 Amicus’ summer of exploring great legal writing continues this week with Jeff Rosen, whose biography of William Howard Taft reveals a president who was scrupulous in observing constitutional boundaries, and much happier on the bench than in the White House. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 04, 2018
The Scalia Factor
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In the first of a series of deep dives into great legal reads this summer, Dahlia Lithwick talks with Rick Hasen, author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption” about civil discourse, rock star justices, and what Justice Scalia would have thought of President Trump. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 21, 2018
The Argument That Could Reclaim the Supreme Court for Democrats
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This week Dahlia LIthwick talks with Sen. Sheldon Whitehouse, a Democratic senator from Rhode Island, about what we can expect over the next several months as Donald Trump nominates a new associate justice to the Supreme Court. He talks about why Democrats must care more about the Supreme Court, the danger of dark money, and the frustration of confirmation hearings. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.  Podcast production by June Thomas. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 07, 2018
With Kennedy Gone, What’s on the Chopping Block?
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The Supreme Court’s 2017 term ended with some blockbuster opinions and, most dramatically, Justice Anthony Kennedy’s retirement announcement. On a special edition of Amicus, Dahlia Lithwick is joined by Slate legal writer Mark Joseph Stern and University of California, Irvine, law professor Leah Litman to discuss what it all means. Yes, it's a Supreme Court Breakfast Table without a Breakfast Table! Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.  Podcast production by June Thomas. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 30, 2018
Voting: Purging, Packing, Cracking, Standing
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Dahlia Lithwick takes a close look at the two big voting rights cases decided by the Supreme Court earlier this week with Paul Smith who argued for the plaintiffs in the Wisconsin political gerrymander case Gill v. Whitford. On Monday, the court sent Gill back to the lower courts based on the theory that the plaintiffs had no standing. In the other case, Benisek v Lamone, which involved a Maryland gerrymander, the Justices delivered an unsigned opinion sending Benisek back saying it was too soon to decide. And we take a look at the implications of the court’s earlier decision on Ohio voter purges, a case that was also argued by Paul Smith. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 23, 2018
Bonus: Live From the ACLU
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Dahlia Lithwick moderates a discussion of civil rights and legal norms in the Trump era with the ACLU’s David Cole, president and CEO of the Leadership Conference on Civil and Human Rights, Vanita Gupta, former White House chief ethics counsel under President George W Bush, Richard Painter, and former US attorney for the Northern District of Alabama, Joyce White Vance. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 13, 2018
Religious Belief, Sincerely Held
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An epic Amicus this week, with a  thorough analysis of Masterpiece Cakeshop v Colorado Civil Rights Commission with Slate’s Mark Joseph Stern. What does is tell us about Justice Anthony Kennedy’s plans, and can it tell us anything about the travel ban case? Then Dahlia Lithwick speaks with one of her heroes, the Rev. William Barber, about how progressives ceded the language of faith, morality,  and the Constitution—and how they are reclaiming it. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 09, 2018
The Impeachment Question
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While President Trump demands an investigation into the investigators investigating the investigation, the clamour to impeach grows ever more fervent in some quarters. Dahlia Lithwick explores the legal and constitutional questions surrounding impeachment with constitutional scholar and Harvard Law Professor Laurence Tribe, co-author of To End a Presidency - The Power of Impeachment Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 26, 2018
The State of the State Attorneys General
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As the ripples from New York State Attorney General Eric Schneiderman’s resignation after allegations of violence against women continue, Massachusetts Attorney General Maura Healey joins Dahlia Lithwick to discuss the role of State Attorneys General and how that’s changing under Trump. Attorney General Healey also talks about fighting—and winning against—the gun lobby in court. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 12, 2018
Travel Ban 3.0 and Rinsing off Religious Animus for SCOTUS
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This week Amicus takes you inside the chamber for a forensic discussion of the last, and possibly the most significant, oral arguments of this Supreme Court term. Dahlia Lithwick is joined by Josh Geltzer, executive director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center and former senior director for counterterrorism at the National Security Council. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 27, 2018
The Rule of Law and the Ethics of Poking the Bear
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It seems as though a slow motion constitutional crisis may be upon us. In this episode of Amicus, Dahlia Lithwick is joined by Lawfare blog editor and senior fellow at the Brookings Institution, Ben Wittes, to assess the threats to the rule of law posed by presidential pique, and whether fired FBI director James Comey’s book could be used as a pretext for ending the Mueller probe. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 14, 2018
Don’t Call It an Abortion Case
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On this week’s show, Dahlia Lithwick is joined by Priscilla Smith, director of the Program for the Study of Reproductive Justice at Yale Law School, to unpack the oral arguments in NIFLA v Becerra, the latest case on the calendar that seems to be about one thing but is being argued under the all-encompassing umbrella of speech. Dahlia also speaks with Walter Dellinger, former acting solicitor general, about why President Donald Trump can’t get a lawyer. Spoiler: It’s because he lies. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 31, 2018
All The President's Lawyers
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This week Dahlia Lithwick calls on white-collar-crime specialist Jennifer Taub to follow the money in the Mueller investigation. She also speaks with  Bob Bauer, a former White House counsel under President Barack Obama, about the relationship between presidents and their lawyers, and between this president and his lawyers. Bauer discusses when professional duty can stray into enabling, a question facing Trump’s personal and institutional lawyers as cases involving the president accumulate. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 17, 2018
When Did Corporations Become People?
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On this week’s show, Dahlia Lithwick is joined by UCLA Law Professor Adam Winkler to talk about his new book We the Corporations: How American Businesses Won Their Civil Rights. Together, they also examine what the constitutionalizing of corporate rights can tell us about the current gun debate. And Dahlia steps inside the chamber for oral arguments in the hugely significant public sector union case we previewed last show. She is joined by the Solicitor General of Illinois, David Franklin, who argued the case. There were explosive contributions from the justices on the bench, but notable silence from the court’s newest member, Justice Neil M Gorsuch. Please fill out the Slate podcast survey at slate.com/podcastsurvey Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 03, 2018
A Preview of a Union-Busting Case, and RBG’s Greatest Hits Tour
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In this week’s episode, Professor Leah Litman joins Dahlia Lithwick to tune into Justice Ruth Bader Ginsburg’s comments on #MeToo and due process. And for a full background check on the sexy-sounding Janus v. AFSCME case, which potentially poses an existential threat to public sector unions, Dahlia is joined by Professor Catherine Fisk of the U.C. Berkeley School of Law, who wrote about the case for SCOTUSblog. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 17, 2018
Immigration: Whose Call Is It Anyway?
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This week the high court is on its winter break, but the team here at Amicus wanted to talk about DACA, the travel ban, and issues around immigrants, refugees, and the law. We talk Americanism. Who is American and how? What do the courts have to say about who can be here and who cannot? What role do the courts play in figuring out who belongs here and who doesn’t? To tackle these thorny and sometimes super-wonky questions, Dahlia Lithwick is joined by Stephen Vladeck who teaches law at the University of Texas. Vladeck’s teaching and research focus on federal jurisdiction, constitutional law, and national security law. He’s CNN's Supreme Court analyst, co-editor in-chief of the Just Security blog, and a senior contributor to the Lawfare blog. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 03, 2018
“The Gross Spectacle of a Divided Defense”
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We’re inside the chamber for the high-profile case involving a death row inmate from Louisiana who’s asking for a new trial after his lawyer told the jury his client was guilty, despite the client’s insistence that he was innocent. Jay Schweikert, a policy analyst with the Cato Institute’s Project on Criminal Justice and co-author of an amicus brief filed in this case, joins Dahlia Lithwick to sift through the arguments and legal principles at play. Veteran Supreme Court reporter Linda Greenhouse talks about shifting positions from the solicitor General’s office, tees up a key case at the intersection of abortion and free speech that will be heard by the high court this term, and gives her take on the status of the truth in the courts and the country in the age of Trump. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 20, 2018
The Right Not to Vote
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Sometimes the technical stuff is how you get to the crucial stuff. Next week, the Supreme Court will hear a case about Ohio’s voter purge, and the case rests on some sticky statutory interpretation questions. Up to 1.2 million voters may have been purged from Ohio’s rolls after they sat out a couple of elections and in this episode of Amicus, Dahlia Lithwick does a deep dive into the technicalities of the case. Dahlia and her guests also use this moment to take stock of the state of voting rights in the US. Dahlia talks with Mayor Joseph Helle of Oak Harbor, Ohio, a veteran who came home to find he’d been purged from the rolls after not voting while on active duty, and to the director of the ACLU’s Voting Rights Project, Dale Ho. Ho even cites his favorite Justice Antonin Scalia opinion. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 06, 2018
#MeToo in the Courts
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The cultural whirlwind of #MeToo has reached the judiciary, reluctantly bringing Dahlia Lithwick into the fray along with it. In a piece for Slate, she detailed her firsthand experiences with Judge Alex Kozinski. Dahlia’s was one of many accounts that that have now surfaced. Heid Bond was one of the first women prepared to go on the record. A former clerk to Judge Kozinski, she now writes romance novels under the name Courtney Milan. You can read Bond’s piece here and Judge Kozinski’s statement here. We speak with three of Kozinski’s accusers—Heidi Bond, Emily Murphy, and Leah Litman—and hear their ideas about what needs to change to allow women to work safely and successfully in a system often shrouded in secrecy. Then Dahlia is joined by Mark Joseph Stern for a run through the headline arguments and decisions from the Supreme Court in 2017 and a look ahead at what to expect in 2018.  Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to Slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 23, 2017
Probing the Mueller Probe, and Inside the Chamber for Masterpiece Cakeshop
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The Mueller investigation keeps keeping on as subtweets, speculation, and objections mount. Dahlia Lithwick speaks with Andrew Wright, a former associate counsel to President Barack Obama about the latest developments. Plus a deep dive into the oral arguments in the Masterpiece Cakeshop case with Roberta Kaplan, who successfully argued Edie Windsor’s case against the Defense of Marriage Act in 2013. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 09, 2017
Slow Burn: A Podcast About Watergate | Martha
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Amicus presents a preview of Slow Burn, an eight-episode miniseries about Watergate. People called her crazy, and to be fair she must have seemed crazy. But she was onto something. How Martha Mitchell, the celebrity wife of one of Nixon’s closest henchmen, tried to blow the whistle on Watergate—and ended up ruining her life. Find out more at slate.com/slowburn. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 28, 2017
Why the Cakeshop Case is So Delicious
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As the high court continues through its unprecedented session, Dahlia speaks with Adam Liptak who covers the Supreme Court for the New York Times and knows the ins and outs of the Masterpiece Cakeshop case. And he gives his insight on what a jaw-dropping brief from the Solicitor General's office means for relations between the Court and the Trump administration. Plus, a look into how the Supreme Court Justices seem to be the last grown-ups left in Washington.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 25, 2017
Guns in America and the Travel Ban that Went Unnoticed
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In the wake of another American mass shooting, Dahlia speaks with Adam Skaggs, Chief counsel at the Giffords Law Center to Prevent Gun Violence about the Second Amendment. And as this week marks the one year anniversary of Donald Trump’s election to office, Becca Heller, co-founder of the International Refugee Assistance Project, joins to talk about how her job changed after the election.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 11, 2017
The 25th Amendment, What's That?
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Dahlia Lithwick speaks with Representative Jamie Raskin about the Republican remedy for Trump's unfitness for office: The 25th Amendment. Plus, she speaks with ProPublica's Ryan Gabrielson about his recent reporting which revealed that the high court tends to make staggering errors of fact in opinions.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 28, 2017
The Single Most Unremarked Win of the Trump Era
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Dahlia is joined by Kristen Clarke, President & Executive Director of the National Lawyers’ Committee for Civil Rights Under Law to talk about the federal judiciary and how Donald Trump is speedily filling the vacancies on the federal bench.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2017
The Supreme Court Term RBG Is Calling "Momentous"
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As next week marks the opening of the 2017 term at the high court, Dahlia Lithwick speaks with David Cole, legal director of the American Civil Liberties Union, about some of the cases in this upcoming term, including Trump's travel ban, a civil rights case of gay couples versus those of religious dissenters and more. Cole also discusses how citizen activism is more alive than he's seen is his lifetime, something he illustrates in his new book, now out in paperback, Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 30, 2017
Gerrymandering Goes Back to Court
2283
When the Supreme Court term opens next month, perhaps no issue will be more urgent – and more complicated – than voting rights. One of the first cases the justices will hear is Gill v. Whitford, a challenge to the 2011 redrawing of district lines in Wisconsin. While the Court has struck down racially-motivated gerrymanders in the past, no election map has ever been rejected as a purely partisan gerrymander. And recent developments have some court watchers concerned that Justice Anthony Kennedy may still not be ready to do that. Our guest this episode is Richard Hasen, Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and curator of the must-read Election Law Blog. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 16, 2017
Breakfast Table Redux
3583
The Supreme Court’s 2016 term may not have contained the usual number of blockbuster cases, but it did have its fair share of drama. Between the stonewalling of Merrick Garland, the filibustered confirmation of Neil Gorsuch, rumors about Anthony Kennedy’s possible retirement, and in the background, the White House offensive against the federal judiciary, court-watchers had no shortage of things to keep them up at night. And so this week on Amicus, we pour a couple of our favorite court-watchers a big cup of coffee and plop some microphones down at Slate’s annual “Breakfast Table.” Mark Joseph Stern and Pamela Karlan join us to discuss what we learned about the justices this term and what we can expect from them in the fall.    Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 28, 2017
Nice Little FBI You’ve Got Here. Pity if Something Happened to it.
3163
In his much-anticipated testimony on Capitol Hill this week, former FBI Director James Comey described several uncomfortable interactions with President Trump that preceded his firing. The big question for all watching was: could any of those interactions be considered “obstruction of justice?” On this week’s episode, we put the question to Stanford Law School Professor Robert Weisberg. We also discuss the ongoing litigation around President Trump’s executive order on immigration with Kate Shaw, an associate professor at the Cardozo School of Law and a Supreme Court analyst for ABC News. Shaw is the author of a new article in the Texas Law Review that considers what sorts of presidential speech is and isn’t admissible in a court of law. [Read Shaw’s recent New York Times op-ed on the subject here.] Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 10, 2017
Clarence Thomas is Color Blind
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This week, the Supreme Court handed down a decision that caught some Court-watchers off-guard. It ruled that North Carolina lawmakers had violated the Constitution by using race as a proxy for divvying up voters along partisan lines. And it was surprising because the swing vote invalidating the gerrymander came from none other than Justice Clarence Thomas. On this week’s episode, we parse the outcome of Cooper v. Harris -- and what it portends for future redistricting litigation -- with Slate legal writer Mark Joseph Stern. We also sit down with Jorge Barón, executive director of the Northwest Immigrant Rights Project. Each year, that group provides assistance to thousands of immigrants threatened with deportation. But last month, the NWIRP received a strange cease-and-desist letter from the U.S. Department of Justice, threatening its ongoing legal work and raising some concerns that the group is being singled out for its defense of immigrants caught up in the first iteration of President Trump’s travel ban.  Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field.  Learn more about your ad choices. Visit megaphone.fm/adchoices
May 28, 2017
Animus Amicus
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In the wake of the unceremonious termination of FBI director James Comey this week, one previously unfamiliar name has dominated the news cycle: Rod J. Rosenstein. The former federal prosecutor became the U.S. Deputy Attorney General just over two weeks ago, and since then, has found himself at the center of storm around President Trump’s most high-profile firing to date. Leon Neyfakh has been covering Rosenstein for the past few weeks, and joins us to talk about whether anyone at the Department of Justice can remain neutral in these polarized times.  We also speak with University of Virginia School of Law professor Micah Schwartzman about this week’s oral arguments in one of the lawsuits challenging President Trump’s revised travel ban. Schwartzman is among a group of constitutional law scholars who filed an amicus brief arguing that the executive order violates the Constitution’s Establishment Clause. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 13, 2017
The Myth of the Neutral Expert
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The Supreme Court has slowed Arkansas’ unprecedented rush to execute eight men in 11 days, pending a decision in McWilliams v. Dunn. At issue in the case is whether James McWilliams, an indigent defendant whose mental health was a significant factor at his capital trial, was entitled to an independent psychological expert to testify on his behalf. We discuss the case with Stephen Bright, longtime president of the Southern Center for Human Rights, who represented McWilliams at this week’s oral arguments.  We also sit down with Norm Eisen, co-founder of Citizens for Responsibility and Ethics in Washington (CREW), to discuss the ongoing anti-corruption litigation against President Trump. Last week, CREW added two new plaintiffs to its lawsuit, which alleges that Trump’s business interests put him in violation of the Constitution’s Foreign and Domestic Emoluments Clauses. Eisen reflects on the ethical issues of the Trump Administration’s first 100 days, why the president’s tax returns still matter, and what he believes is the single most concerning ethics violation of the new commander-in-chief. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.  Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 29, 2017
Playground of Liberty
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Newly sworn-in Justice Neil Gorsuch gets his first chance to make his mark on the Court at this week’s oral arguments for Trinity Lutheran v. Comer. The important case asks whether the First Amendment’s Free Exercise Clause compels the state of Missouri to provide public grant money directly to a church. Holly Hollman, general counsel for the Baptist Joint Committee for Religious Liberty, joins us to discuss BJC’s amicus brief in the case, which argues that religious institutions are actually freer if they are barred from accepting government funds. We also sit down with Jeffrey Toobin, whose piece in this week’s The New Yorker examines the enormous influence that the Federalist Society – and especially its executive vice president Leonard Leo – have on the American judiciary. Toobin argues that with the ascension of Neil Gorsuch to the Supreme Court, Leo can now be credited with the selection of one-third of the nation’s most powerful judges.  Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.  Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 14, 2017
When Prosecutors Keep Mum
3247
In 1985, eight men were convicted of the grisly murder of a Washington D.C. woman. After spending decades in prison, they learned from an article in the Washington Post that prosecutors had withheld evidence from trial that could have exculpated them. This week, the Supreme Court delved back into the details of the 30-plus year old murder case and considered whether the case should be reopened. Former defense lawyer Thomas Dybdahl is writing a book about the murder and its aftermath, and joins us to discuss Turner v. USand Overton v. US. We also speak with legal scholar Lori Ringhand, who literally wrote the book on Supreme Court confirmation hearings. She reflects on some of the ways the process has evolved over the years, whether the so-called “Ginsburg rule” is appropriately named, and what purpose these hearings actually serve.  Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.  Podcast production by Tony Field. Our intern is Camille Mott.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 01, 2017
Gorsuch Grins, Says Nothing
2686
This week, the Senate held four days of hearings on the nomination of Judge Neil Gorsuch to the vacant seat on the Supreme Court. What did we learn about Gorsuch from his 20-odd hours in the hot seat? Did the Democrats gain anything of value from the testimony? Did Gorsuch say anything of substance? And, in the end, will the hearings even matter? In this bonus episode, we reflect on the hearings with veteran political operative Ron Klain and Slate’s own Mark Joseph Stern. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Amicus is brought to you by The Great Courses Plus, a video lecture service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 25, 2017
Why It’s Worth Opposing Gorsuch
2946
After a successful blockade of President Obama’s Supreme Court nominee, the GOP-led Senate will convene hearings this week on President Trump’s pick for the Court’s year-old vacancy. Considering all that has happened in the past year, how should Democrats handle the proceedings? On this week’s episode, we put that question to U.S. Senator Sheldon Whitehouse (D-RI), a member of the Senate Judiciary Committee.  We also sit down with veteran journalist Tom Rosenstiel to discuss his debut novel Shining City, a timely thriller about the inner-workings of a controversial Supreme Court nomination. Tom describes how his decades of political reporting informed the book, and reflects on some of the parallels between reality and fiction. Amicus is brought to you by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. And by Blue Apron. Create delicious, home-cooked meals with fresh ingredients delivered right to your door. Get your first three meals free when you go to BlueApron.com/Amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here.   Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 18, 2017
Never Mind
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On Monday, the Department of Justice announced an abrupt about-face on voting rights, essentially walking away from a lawsuit against a harsh voter-ID law in Texas. We discuss the reversal and its implications with Janai Nelson of the NAACP Legal Defense and Educational Fund. She was one of the lawyers in the strange position of arguing the case in court this week, the day after the DOJ reversed course. We also sit down with Jeffrey Fisher, who argued an important immigration-related case at the Supreme Court his week. Esquivel-Quintana v. Sessions asks whether a legal immigrant can be deported for something that counts as a serious crime in some states, but not others. It also previews a question likely to play a big role in Neil Gorsuch’s confirmation hearings: how much deference courts should give federal agencies when interpreting the meaning of laws. Amicus is brought to you by Casper, an online retailer of premium mattresses. Get $50 toward any mattress purchase by going to Casper.com/amicusand using the promo code amicus. And by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 04, 2017
General Strike
3085
In 2010, a Mexican teenager in Juarez was shot to death by a Border Patrol agent on the U.S. side of the border. In Hernandez v. Mesa, set for argument next week, the Supreme Court will determine whether the boy’s parents can sue the agent in U.S. courts. We are joined by Deepak Gupta, the family’s attorney, to discuss the case and its potential implications on American intelligence activities abroad.  We also sit down with Virginia Attorney General Mark Herring to discuss this week’s ruling by a federal judge in one of the lawsuits challenging President Trump’s travel ban. Herring explains why Virginia joined the plaintiffs in that suit, and what the role of state attorneys general will be in the next four years of the Trump era.                                                                                            Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by Blue Apron. Blue Apron’s meal kits are delivered right to your door, and make cooking at home easy. Get your first three meals free by going to BlueApron.com/Amicus.                    And by First Republic Bank. First Republic is dedicated to providing extraordinary service and changing the way clients feel about banking. Visit firstrepublic.com to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here.   Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 18, 2017
"SEE YOU IN COURT"
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A little more than a week after President Trump announced his ban on travel from a handful of majority-Muslim nations, the U.S. Court of Appeals for the Ninth Circuit this week refused to lift a temporary restraining order blocking enforcement of the new rule. This week, Dahlia sits down with fellow Slate legal writers Mark Joseph Stern and Jeremy Stahl for a special off-week episode to discuss the ruling and its implications. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 11, 2017
Will You Accept This Robe?
3786
In an elaborately choreographed prime-time ceremony this week, President Trump tapped Judge Neil Gorsuch for the Supreme Court seat that has been vacant for almost a year. We sit down with the Constitutional Accountability Center’s Elizabeth Wydra to examine Judge Gorsuch’s judicial record, whether he really is “Scalia 2.0,” and the difficult choices confronting Senate Democrats in the wake of this nomination.  We also consider the ramifications of reports that some U.S. Customs and Border Protection agents are defying federal court orders around Trump’s new travel restrictions. Slate staffers Mark Joseph Stern and Leon Neyfakh tell us what they learned from constitutional law scholars about the possibility of a standoff between two branches of the federal government. (Read our Slate piece on the subject here.) Finally, we zero in on one of the many lawsuits filed this week against Trump’s executive order. Aziz v. Trump centers on a pair of young men who were en route to join their father in Michigan when the order was issued, and wound up being deported to Ethiopia upon their arrival at Dulles International Airport. We’re joined by the Legal Aid Justice Center’s Simon Sandoval-Moshenberg, one of the lawyers representing the plaintiffs in the case. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by Casper, an online retailer of premium mattresses. Get $50 toward any mattress purchase by going to Casper.com/amicusand using the promo code amicus. And by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 03, 2017
Immunity in High Places
3153
Can a group of wrongfully-detained noncitizens sue high-ranking Bush Administration officials for violating their rights in the days following 9/11? That’s the central question in Ziglar v Abbasi, which was argued this week at the Supreme Court. On today’s episode, we hear from Rachel Meeropol of the Center for Constitutional Rights, who represented the former detainees.  We also consider Lee v. Tam, another big case argued at the high court on Wednesday. It centers on a trademark claim by the Asian-American dance-rock band The Slants. That claim was denied on the grounds that the name was disparaging towards “persons of Asian descent.” Simon Tam joins us to tell the story of his band’s name, and to make the case that the government isn’t equipped to be deciding who is and isn’t using language disparagingly.    Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. And by Blue Apron. Blue Apron’s meal kits are delivered right to your door, and make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 21, 2017
And Then There Were Eight
2927
In the lead-up to November’s presidential election, Donald Trump released a list of 21 potential Supreme Court nominees in what many saw as an effort to mollify conservatives who tend to worry about these sorts of things. Now, that list has reportedly been narrowed to eight. On this episode, we sit down with William Jay, a former clerk to Justice Antonin Scalia, to discuss Scalia’s possible successors. We also speak with Jack Robinson, a lawyer for the special-needs student at the center of Endrew F. v Douglas City School District. The case is scheduled for argument at the Supreme Court next week, and Robinson explains why special-education advocates are watching the case so closely. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by Casper, an online retailer of premium mattresses for a fraction of the price. Get $50 toward any mattress purchase by going to Casper.com/amicus and using the promo code Amicus. And by the Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 07, 2017
Corruption in the White House
3612
“[N]o person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” These words, from Article I of the U.S. Constitution, make it unambiguously clear to many legal scholars that Donald Trump will be committing an impeachable offense by not relinquishing an ownership stake in his multiple companies before Jan 20.  Zephyr Teachout is among those scholars, and joins us to explain why corruption in the presidency was such anathema to the nation’s founders. In the remainder of today’s episode, we share a few highlights from a recent symposium about the current state of free speech on campus. The event was organized by the Thomas Jefferson Center for the Protection of Free Expression. You can watch videos of the entire two-day event here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by Casper, an online retailer of premium mattresses for a fraction of the price. Get 50 dollars toward any mattress purchase by going to Casper.com/amicus and using the promo code Amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 24, 2016
Where We Draw the Line
2391
On Monday, the Supreme Court heard arguments in McCrory v. Harris and Bethune-Hill v. Virginia Board of Elections, two challenges to Republican gerrymandering efforts that resulted in the creation of majority-minority voting districts. At issue is whether lawmakers in Virginia and North Carolina were motivated primarily by racial considerations or only secondarily so. Marc Elias, the lawyer who represented the challengers in both cases, joins us to explain why the distinction is so critical. We also consider the revolt that’s underway in the Electoral College. A small group of electors calling themselves the Hamilton Electors are seeking to be unbound from state requirements that they vote as their state voted. Legal scholar Carolyn Shapiro explains why she believes the Hamilton Electors should be taken seriously. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, the staff takes the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 10, 2016
The Specter of Korematsu
2223
Just a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the Constitution. The past few weeks have brought talk of Muslim registries, jail time for flag burners, restrictions on voting and the sweet mystery of the Emoluments Clause. This week, we sit down with U.S. Senator Chris Coons to discuss how much of this talk we should take seriously, and where the true threats to Americans’ constitutional protections lie. We also speak with Neal Katyal, former Acting Solicitor General of the United States, about the 1944 Supreme Court decision that upheld the internment of Japanese-Americans. In 2011, Katyal issued an official apology for the role of one of his predecessors in that case. Korematsu v United Stateshas been in the news again recently, after one Trump surrogate cited it as a “precedent” for a possible Trump Administration program that would require the registration of immigrants from a handful of predominantly Muslim countries. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 30, 2016
Trump’s Constitution
1610
In the days leading up to Election Day, conservative legal scholar Orin Kerr explained why he would be crossing the aisle to vote for a Democrat. On this episode, he tells us why the prospect of a President Trump frightened him so much, and what we can expect in the way of checks and balances on executive power for the next four years. We also speak with Garrett Epps, who wrote in The Atlantic this week that Trump is “a figure out of authoritarian politics, not the American tradition.” Epps observes that Trump has expressed contempt for nearly every article in the Bill of Rights, and deserves to be taken at his word. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 12, 2016
Intimidation Nation
2623
In the wake of the Supreme Court’s 2013 decision in Shelby County v Holder, many states made changes to their voting laws that may disproportionately harm minorities. This week, lawyers in Ohio filed an emergency motion with the Supreme Court requesting a suspension of voting restrictions in their state. One of those lawyers, Subodh Chandra, joins us to explain why. We also speak with Wendy Weiser, director of the Democracy Program at the Brennan Center for Justice, about the potential impact of Donald Trump’s recent warnings about vote-rigging. She explains why long-term neglect of our voting infrastructure is a much bigger threat than either vote tampering or self-styled poll watchers. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by Blue Apron. For less than $10 per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 29, 2016
And Now a Word from the White House
2761
After President Obama nominated Merrick Garland to the Supreme Court in March, there was widespread speculation that opposing his confirmation hearings could have political costs for Republican senators. But seven months later, it’s not clear how much the GOP’s continued obstructionism will matter to voters next month. On this episode, we discuss Obama’s handling of the Supreme Court vacancy with White House Counsel Neil Eggleston and Brian Deese, Senior Adviser to the President. We also take a closer look at Peña Rodriguez v. Colorado, an important case about jury bias that was argued at the Supreme Court this week. Jeffrey Fisher, who represented the petitioner, joins us to explain why blatantly racist comments uttered by a juror in a criminal trial should invalidate that trial’s verdict.  Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.  Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus.  And by Blue Apron. For less than 10 dollars per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Subscribe to our podcast here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us at Facebook here.  Podcast production by Tony Field. Panoply Survey We want you to tell us about the podcasts you enjoy, and how often you listen to them. So we created a survey that takes just a couple of minutes to complete. If you fill it out, you'll help Panoply to make great podcasts about the things you love. And things you didn’t even know you loved.  To fill out the survey, just go to www.megaphone.fm/survey. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 14, 2016
2016 Term Preview
2775
The 2016 Supreme Court term gets underway next week, but don’t get too excited. Eager to avoid any more 4-4 split decisions, the eight remaining justices have cobbled together a caseload that steers clear of the big social questions that defined the court’s past two terms. SCOTUSblog founder and publisher Tom Goldstein joins us for our annual survey of what’s ahead.  We also speak with former federal judge Shira Scheindlin. In 2013, she ruled that stop-and-frisk tactics were being used unconstitutionally by the NYPD. Because of that ruling, she was accused this week by Donald Trump of being “very against police.”  Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.  Amicus is brought to you by The Great Courses Plus, a video learning service with hundreds of engaging lectures taught by top professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus.  And by Blue Apron. For less than 10 dollars per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus.   Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 01, 2016
Notorious RBG
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We kick off a brand new season of our podcast with an episode devoted to the member of the Supreme Court bench who has garnered by far the most headlines since our last episode. That’s right, it’s the slavish fangirl edition of Amicus, in which we cave to the pressure of our listeners and fête the woman who had the temerity to call Donald Trump a “faker” this past July.  Joining us to discuss the cultural phenomenon that is Justice Ruth Bader Ginsburg is MSNBC national reporter Irin Carmon, co-author of the bestselling biography Notorious RBG: The Life and Times of Ruth Bader Ginsburg. We also hear from Cooper Sirwatka, a New York attorney and proud wearer of a full-color RBG tattoo.  Amicus is brought to you by Upstanders, a new podcast from Starbucks CEO Howard Schultz and Rajiv Chandrasekaran. Hear stories of ordinary people doing extraordinary things to create positive change in their communities. Listen and subscribe to Upstanders on iTunes now. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 17, 2016
That's a Wrap
3723
On Monday, the Supreme Court invalidated two provisions of Texas’ omnibus abortion law known as HB2. The 5-3 decision in Whole Woman’s Health v. Hellerstedt was a big win for abortion rights advocates, many of whom expected things to turn out the other way. On today’s show, we speak with Amy Hagstrom Miller, founder and CEO of the abortion provider that challenged the Texas law. We also sit down with Slate’s own Mark Joseph Stern to recap the highlights – and lowlights – of one a Supreme Court term that was chock-full of unexpected twists and turns.   Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. Learn more at TheGreatCoursesPlus.com/amicus. And by Wunder Capital. Invest in large-scale solar project across the US. Create an account for free at Wundercapital.com/amicus. Invest in Wunder Capital’s solar funds. Do well and do good. Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 02, 2016
Goodbye, General!
3317
Marriage equality. Voting Rights. Obamacare. These are among the many enormously consequential causes that have fallen to Donald Verrilli to defend at the Supreme Court over the past five years. On this week’s episode, he looks back on some of the highlights – and lowlights – of his term as U.S. Solicitor General. We’re also joined by Sherrilyn Ifill, President of the NAACP Legal Defense Fund, to discuss this week’s big affirmative action win at the Supreme Court. Many court-watchers were surprised by Justice Anthony Kennedy’s vote in Fisher v University of Texas, but not Ifill. She tells us why. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. Right now, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 25, 2016
What Would Brandeis Do?
3210
Much of the legal world’s attention was focused this week on Donald Trump’s attacks on Gonzalo Curiel, the federal judge presiding over the Trump University fraud cases in California. The outrage centered on Trump’s insistence that the fact of Curiel’s Mexican ancestry should disqualify him from the case, considering Trump’s declared intent to build a border wall. We discuss Trump’s stance – and its historical antecedents – with Deborah Rhode, founding director of Stanford University’s Center on Ethics. And we sit down with Jeffrey Rosen to talk about the far-reaching legal mind of Justice Louis Brandeis, confirmed to the Supreme Court 100 years ago this month. Rosen is the author of the new book Louis D. Brandeis: An American Prophet.  Transcripts of Amicus are available to Slate Plus members. Sign up for a free Slate Plus trial here.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. Right now, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. And by Casper, an online retailer of premium mattresses for a fraction of the price. All Casper mattresses come with free delivery and returns within a 100-day period. Right now, get 50 dollars toward any mattress purchase by visiting Casper.com/amicus and using the promo code AMICUS. Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 11, 2016
A Bird with a Broken Wing
2613
Despite many appearances to the contrary, Supreme Court Justice Stephen Breyer this week told an interviewer that the Court has not been diminished by the Senate’s inability to fill its empty seat. On this episode, Dahlia considers that claim with The Atlantic’s Garrett Epps. She is also joined by legal scholar Jonathan Adler, who weighs in on Donald Trump’s recently released shortlist of potential Supreme Court nominees. Adler counts himself among the conservatives who are deeply troubled by the prospect of Trump’s impact on the judiciary were he to be elected president. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 28, 2016
Memory Lane
2662
Dahlia sits down with Tony Mauro of the National Law Journal to listen to highlights from the Supreme Court’s 2015 term. And she speaks with Politico’s Josh Gerstein about recent non-developments in the non-confirmation of SCOTUS nominee Merrick Garland. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream Influence: Mastering Life’s Most Powerful Skill—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 14, 2016
This is Not Corruption
1924
This week, the Supreme Court heard arguments in McDonnell v. United States, an appeal of the 2014 corruption conviction of Virginia’s former governor. The facts of the case read a bit like a reality show, with Gov. Bob McDonnell and his wife affording access to a wealthy businessman in exchange for Rolex watches, fancy ball gowns and expensive golf clubs. But on this episode of the podcast, former federal judge Nancy Gertner argues that prosecutors interpreted an anti-corruption law too broadly. (Gertner co-authored an amicus brief in support of McDonnell – you can read it here.) You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream The Modern Political Tradition: Hobbes to Habermas—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 30, 2016
Contra Obama
2151
Dahlia previews United States v. Texas – this week’s big immigration case – with Brianne Gorod of the Constitutional Accountability Center. She also hears from Sen. Al Franken about the latest in the standoff over Obama’s SCOTUS nominee, Merrick Garland. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream The Modern Political Tradition: Hobbes to Habermas—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. And by “Confirmation,” the new HBO film that details the explosive 1991 Supreme Court nomination hearings of Clarence Thomas. Confirmation premieres at 8 p.m. tonight, April 16th, on HBO.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 16, 2016
The Case Against the Case Against Confirmation
2241
More than two weeks have passed since President Obama tapped Merrick Garland to fill Antonin Scalia’s vacant seat on the Supreme Court. But while their rationale has shifted somewhat, Senate Republican leaders remain as firm as ever in their refusal to hold confirmation hearings for the nominee. On this week’s episode, University of Chicago Law School professor Geoffrey R. Stone joins us to explain why the GOP’s intransigence is so threatening to the core institutions of federal government. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access to the entire Great Courses Plus library—for one whole month for free—by visiting TheGreatCoursesPlus.com/amicus.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 02, 2016
The Contraceptive Mandate
2811
This week, the Supreme Court heard arguments in Zubik v Burwell, the latest challenge to the Affordable Care Act. This time, a group of religious non-profits are challenging the government’s accommodation for employers who don’t want to have anything to do with providing birth control to their workers. Dahlia speaks with Paul Clement, who argued the case for the plaintiffs, and Walter Dellinger, who supports the government's position. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Amicus is sponsored by Amazon. Detective Harry Bosch is back on the new season of Amazon’s Original Series Bosch, based on the best selling novels by Michael Connelly. Stream the new season now on Amazon Prime Video. And by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access to the entire Great Courses Plus library—for one whole month for free—by visiting TheGreatCoursesPlus.com/amicus.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 26, 2016
Is the Burden Undue?
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It was a big week at SCOTUS, as a newly-balanced Court turned to Whole Woman’s Health v. Hellerstedt, its first abortion case in nine years. We discuss the case with legal scholar Pamela Karlan and listen to some highlights from oral arguments. Amicus is sponsored by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a 100-day period. And get 50 dollars toward any mattress purchase by visiting Casper.com/amicus and using the promo code AMICUS. And by Amazon. Detective Harry Bosch is back on the new season of Amazon’s Original Series Bosch, based on the best selling novels by Michael Connelly. Stream the new season on March 11th on Amazon Prime Video. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 06, 2016
The Contradictions of Antonin Scalia
3114
A week after the death of Justice Antonin Scalia, his former clerk Rachel Barkow shares fond memories of a mentor with whom she didn’t always agree politically. And legal scholar Akhil Reed Amar explains why Scalia didn’t always remain true to his originalist principles. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 20, 2016
Amicus Extra: Antonin Scalia's Death
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The sudden death on Supreme Court Justice Antonin Scalia on Saturday has unleashed huge shockwaves in both the presidential race and the legal community. Luckily, Slate has podcasts covering both areas. In this special joint episode, Amicus host Dahlia Lithwick joins Political Gabfest panelists Emily Bazelon and David Plotz to look at all the possible repercussions of Scalia’s death. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 15, 2016
The Candidates and the Court
1730
On this episode, Dahlia asks why the Supreme Court has been almost absent as a campaign issue, despite the fact that the next president could have the opportunity to reshape the Court’s bench.  She is joined by UC-Irvine law professor Erwin Chemerinsky. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 06, 2016
The Case of the Missing Constitutional Violation
1826
In Heffernan v City of Paterson, the Supreme Court must decide whether a government worker can be punished for a political belief his employers attribute to him – rightly or wrongly. This week, Dahlia speaks with lawyers on both sides of the topsy-turvy case. Please let us know what you think of Amicus. Our email is amicus@slate.com.

 Subscribe to our podcast here. You can find past episodes of our show here.

 Amicus is sponsored by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a 100-day period. Get $50 toward any mattress purchase by visiting Casper.com/amicus and using the promo code AMICUS. 
Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 26, 2016
Labor Pains
2394
This week, the Supreme Court will hear a case that could undercut the ability of public sector unions to raise money. Dahlia is joined by Cato Institute’s Ilya Shapiro and U. of Michigan’s Sam Bagenstos, who submitted briefs on opposite sides of the case. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 09, 2016
Judging Tribal Courts
2068
Dahlia speaks with attorney Mary Kathryn Nagle about Dollar General Corporation v. Mississippi Band of Choctaw Indians, a major Native American rights case argued at the Supreme Court earlier this month. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 24, 2015
One Person, One Vote
2803
What is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at the Supreme Court. On this episode, Dahlia speaks with Andrew Grossman and Nathaniel Persily -- experts on opposing sides of the case. She also plays a few highlights from the week’s big affirmative action case, Fisher v University of Texas at Austin. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—"Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80 percent off the original price if you visit TheGreatCourses.com/amicus. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 12, 2015
Color Blind Constitution
2654
A half-century after Brown v. Board of Education, should the Supreme Court still be in the business of integrating public schools and universities? Dahlia sits down with University of Virginia legal historian Risa Golubuff to discuss the backdrop to the term’s big affirmative action case, Fisher v University of Texas. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Amicus is sponsored by MileIQ. If you’re one of the 60 million Americans who drive for work then you know that your miles are your dollars. Every mile you don’t log is money that you are losing. MileIQ is the only mileage-tracker app that detects, logs, and calculates your miles for you, ensuring that every mile is accounted for and no dollar is lost. Try MileIQ for free today by texting AMICUS to 31996. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 28, 2015
Class Dismissed?
2097
Dahlia speaks with Carter Phillips, the lawyer who represented Tyson Foods at the Supreme Court this week in Tyson's attempt to dismiss a class action suit by its workers. She also considers the love-hate relationship between presidential hopefuls and the high court. Please let us know what you think of Amicus. Our email is amicus@slate.com.Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off the original price if you visit TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down the big headlines for the local threads that tie them all together. It’s the Rachel Maddow Show … covering America one story at time. Weeknights at 9 Eastern only on MSNBC.Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 14, 2015
Strike Zone
2723
Dahlia previews Foster v. Chatman, a Supreme Court appeal that contends with the problem of racial bias in the process of jury selection. Her guests include Stephen Bright, president of the Southern Center for Human Rights; and Glenn Ivey, a former prosecutor who has joined an amicus brief in support of the man at the center of Foster. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off the original price if you visit TheGreatCourses.com/amicus. And by MileIQ. If you’re one of the 60 million Americans who drive for work then you know that your miles are your dollars. Every mile you don’t log is money that you are losing. MileIQ is the only mileage-tracker app that detects, logs, and calculates your miles for you, ensuring that every mile is accounted for and no dollar is lost. Try MileIQ for free today by texting AMICUS to 31996. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 31, 2015
No Second Chances
1955
Dahlia speaks with law professor Robert J. Smith about Montgomery v. Louisiana, a Supreme Court case that focuses on a man who has served 53 years in prison for a murder he committed as a juvenile. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down the big headlines for the local threads that tie them all together. It’s the Rachel Maddow Show … covering America one story at time. Weeknights at 9 Eastern only on MSNBC. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 17, 2015
The Machinery of Death
1986
As serious questions about lethal injection protocols continue to swirl, Dahlia speaks with The Marshall Project’s Andrew Cohen about where the Supreme Court currently stands on the constitutionality of the death penalty. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a one hundred day period. Right now, get 50 dollars toward any mattress by visiting Casper.com/amicus and using the promo code AMICUS. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 10, 2015
2015 Term Preview
2153
Dahlia sits down with the LA Times’ David Savage to consider three of the big cases on the SCOTUS docket this fall -- and whether liberals are right to be worried about the outcomes of those cases. *********** Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like "Cycles of American Political Thought." Right now, get up to 80 percent off the original price when you visit TheGreatCourses.com/AMICUS.And by LegalZoom—a way for regular people to confidently navigate the legal system. If you need help with Incorporation, Trademarks, Last Wills, Living Trusts, and more, then don't let legal hurdles become an excuse. Go to LegalZoom.com today and enter AMICUS in the referral box for additional savings. 
And by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a one hundred day period. Right now, get 50 dollars toward any mattress by visiting Casper.com/amicus and using the promo code AMICUS.Please let us know what you think of our legal affairs podcast. Our email is amicus@slate.com.Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 19, 2015
Sandra and Ruth
2062
Dahlia sits down with Linda Hirshman, author of Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World. Hirshman recounts the two women’s rise to the SCOTUS bench and reflects on the impact they’ve had.**************Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus. Consider signing up today -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today. Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like "Cycles of American Political Thought." Right now, get up to 80 percent off the original price when you visit TheGreatCourses.com/AMICUS.And by LegalZoom—a way for regular people to confidently navigate the legal system. If you need help with Incorporation, Trademarks, Last Wills, Living Trusts, and more, then don't let legal hurdles become an excuse. Go to LegalZoom.com today and enter AMICUS in the referral box for additional savings. 
And by FreshBooks, the super-simple invoicing solution designed to help lawyers, consultants, and freelancers be organized, save time, and get paid faster. Creating and sending invoices, managing your expenses, and tracking your billable hours is about to get a lot easier. Go to FreshBooks.com/AMICUS for your free 30-day trial. 
Please let us know what you think of our legal affairs podcast. Our email is amicus@slate.com.Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Sep 12, 2015
Sock the Vote
2059
To mark the 50th anniversary of the Voting Rights Act, Dahlia sits down with The Nation’s Ari Berman to discuss the decades-long campaign to roll back the achievements of the landmark 1965 legislation. ************************* Please let us know what you think of our legal affairs podcast. Our email is amicus@slate.com. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like a series on "Cycles of American Political Thought.” Right now, get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. And by FreshBooks, the super-simple invoicing solution made to help lawyers, consultants and freelancers get organized, save time and get paid faster. Creating and sending invoices, managing your expenses and tracking your billable hours is about to get a lot easier. Go to FreshBooks.com/Amicus for your free 30-day trial. And by Audible, offering more than 180,000 audiobooks and spoken-word audio products. Get a free audiobook of your choice at audible.com/amicus. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 22, 2015
The Term in Review
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Dahlia sits down with three fellow SCOTUS-watchers — Kenji Yoshino, Mark Joseph Stern, and Christian Turner — to reflect on the just-completed term and how it will go down in history. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Amicus is sponsored by The Great Courses, offering engaging audio video lectures like “The Great Debate: Advocates and Opponents of the American Constitution." Get up to get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. We’re also sponsored by FreshBooks, the super-simple invoicing solution made to help lawyers, consultants and freelancers get organized, save time and get paid faster. For your free 30-day trial, go to FreshBooks.com/Amicus.
Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jul 04, 2015
Amicus: The Storm Arrives
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With the ink barely dry on two momentous Supreme Court decisions affecting marriage equality and health care, Dahlia discusses the history, high points, and likely impact of those decisions with Walter Dellinger, professor of law at Duke University, a Slate contributor, and the former head of the Office of Legal Counsel from 1993 to 1996.     First, Dahlia and Walter reflect on Friday's 5-4 decision in Obergefell v. Hodges, which ruled that same-sex marriage bans are unconstitutional. Next, they talk about Thursday's 6-3 decision in King v. Burwell, which supported the Affordable Care Act's subsidies for poor and middle class people.    Please let us know what you think of our podcast – and your ideas for our shows during the summer recess. Our email is amicus@slate.com.   Amicus is sponsored by The Great Courses, offering engaging audio video lectures like “The Great Debate: Advocates and Opponents of the American Constitution." Get up to get up to 80 percent off the original price when you visit thegreatcourses.com/amicus.    Transcripts of Amicus are available to Slate Plus members. Consider signing up today at slate.com/podcastplus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. (Note: After a new episode is posted, its transcript may take several days to appear on our show page.)   Podcast production by Joel Meyer. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 27, 2015
The Storm Before the Storm
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Dahlia is joined by The Atlantic’s Garrett Epps to parse the latest batch of 5-4 decisions from SCOTUS. They included rulings on immigration, free speech, and the death penalty, and involved some strange alliances among the Justices. *************************Want a transcript of this week’s episode? They’re all available to members of Slate Plus. Consider signing up today -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.Amicus is sponsored by The Great Courses, offering engaging audio video lectures like “The Great Debate: Advocates and Opponents of the American Constitution." Get up to get up to 80 percent off the original price when you visit thegreatcourses.com/amicus. We’re also sponsored by FreshBooks, the super-simple invoicing solution made to help lawyers, consultants and freelancers get organized, save time and get paid faster. For your free 30-day trial, go to FreshBooks.com/Amicus. This week’s excerpt from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology.
Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 20, 2015
A Certain Justice
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This week, Dahlia speaks with a former clerk to Justice Clarence Thomas about the strong stances that Thomas has been taking recently. And she asks what’s at stake in a big challenge to “One Person One Vote” that SCOTUS will take up next term. Please let us know what you think of Amicus. Our email is amicus@slate.com.Subscribe to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus. Consider signing up today -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Our sponsor this week is The Great Courses, offering audio video lectures like "The First Amendment and You: What Everyone Should Know." Get up to get up to 80 percent off the original price when you visit . We’re also sponsored by FreshBooks. For your free 30-day trial, go to , and use the promo code Amicus. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jun 13, 2015
The Calm Before the Storm
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On today’s episode, Dahlia takes stock of the big whammy decisions just around the corner at the Supreme Court, and considers a few of the major abortion cases that could be following shortly on their heels.Please let us know what you think of Amicus, our legal affairs podcast. Our email is amicus@slate.com. This week’s episode was sponsored by The Great Courses. Get up to 80% off the original price of their eight most popular courses when you visit thegreatcourses.com/amicus. Subscribe to our podcast here.Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 30, 2015
Ready for Her Close-Up
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This week we learned that Natalie Portman will play a young Ruth Bader Ginsburg in a new film about the Supreme Court Justice. On this episode, Dahlia and her guests consider the recent explosion of Court-related dramatizations on the stage and screen. Please let us know what you think of Amicus, our legal affairs podcast. Our email is amicus@slate.com.Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at .   Learn more about your ad choices. Visit megaphone.fm/adchoices
May 16, 2015
Making the Case
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This week, we take you inside the courtroom for the recent gay marriage case at the Supreme Court. Dahlia listens to highlights of oral arguments with Douglas Hallward-Driemeier, one of the lawyers who represented same-sex couples in the historic case. Please let us know what you think of Amicus, our legal affairs podcast. Our email is amicus@slate.com. Our archives, which include discussions of other big cases recently decided by the Court, can be found at slate.com/amicus. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at slate.com/podcastplus. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 02, 2015
The Politics of Law
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In anticipation of big decisions on marriage equality and Obamacare, many are talking about the balance of political power on the Supreme Court. Dahlia Lithwick speaks with two court watchers about the extent to which the Justices are political actors. Please let us know what you think of Amicus, our legal affairs podcast. Our email is amicus@slate.com.Subscribe to our podcast here: https://itunes.apple.com/us/podcast/slates-amicus-dahlia-lithwick/id928790786?mt=2#Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at [http://slate.me/1ENza1a].     Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 18, 2015
Marriage Arrives
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On April 28, the Supreme Court will finally take up the constitutionality of same-sex marriage bans. Dahlia Lithwick previews the cases with Paul Smith, the lawyer involved in the 2003 gay rights case that helped set the stage for this historic event. Please let us know what you think of Amicus, our legal affairs podcast. Our email is amicus@slate.com. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at http://slate.me/1ENza1a Learn more about your ad choices. Visit megaphone.fm/adchoices
Apr 11, 2015
Mercury Rising
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How should the EPA weigh costs when regulating toxic emissions? Dahlia Lithwick speaks with lawyers on both sides of a Supreme Court case posing that question. And she reviews the highlights of a case testing the limits of free speech on license plates. Join Slate Plus! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today at http://slate.com/podcast.plus Learn more about your ad choices. Visit megaphone.fm/adchoices
Mar 28, 2015
Throwing Away the Key
1940
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
Mar 14, 2015
The Letter of the Law
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As the Supreme Court prepares to hear arguments in the latest challenge to the Affordable Care Act -- King v. Burwell -- Dahlia Lithwick hears from experts on both sides of what could be the most important case in the Court’s entire term. First, she speaks with Jonathan Adler, a law professor at Case Western Reserve University and a one of the lawsuit’s chief architects. Then she hears from Abbe Gluck, a professor at Yale Law School and a co-author of an amicus brief submitted in the case. ************** This week’s episode is sponsored by HBO. Its new documentary series “The Jinx: The Life and Deaths of Robert Durst” airs Sundays at 8. We’re also sponsored by the Great Courses. Save up to 80% off their most bestselling courses here. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 28, 2015
Botched Protocols
1832
As the Supreme Court prepares to revisit the constitutionality of lethal injection, Dahlia Lithwick speaks with two experts about the controversial drugs being used for execution and whether the capital punishment system can be repaired. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. More information on our show page.  Please take a couple of minutes to Slate's podcast listener survey! Tell us about yourself and your favorite podcasts, so that Slate can serve you better. Go to slate.com/survey. This week’s episode is sponsored by The Great Courses. Save up to 80 percent off their most bestselling courses when you visit thegreatcourses.com/amicus. We’re also sponsored by HBO. Its new documentary series “The Jinx: The Life and Deaths of Robert Durst” airs Sundays at 8 on HBO, starting this Sunday, Feb. 8. Learn more about your ad choices. Visit megaphone.fm/adchoices
Feb 07, 2015
Cameras in the Courtroom
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Dahlia Lithwick speaks with Sonja West and RonNell Andersen Jones, two Supreme Court experts who don’t buy the justices’ arguments against allowing cameras in the courtroom. Help us make our podcasts even better! Take Slate's listener survey at to slate.com/survey Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 31, 2015
"Thank You," Not "Please"
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Dahlia Lithwick talks to Andrew Pincus, the lawyer who brought a Supreme Court challenge this week to a law banning fundraising by judicial candidates. And she hears from the NAACP’s Sherrilyn Ifill on the latest challenge to the Fair Housing Act. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 24, 2015
The Super Lawyers
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Dahlia Lithwick talks to Joan Biskupic, the author of a new Reuters study about the elite "one-percent" group of lawyers who bring most of the cases at the Supreme Court. She also hears from two of these super-lawyers -- Tom Goldstein and Paul Clement. Learn more about your ad choices. Visit megaphone.fm/adchoices
Jan 10, 2015
Rapper's Intent
1982
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
Dec 06, 2014
Mental Illness and the Death Penalty
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With an execution looming, Dahlia Lithwick revisits Panetti v. Quarterman, a case involving mental illness and the death penalty. Her guests are Scott Panetti’s lawyer Kathryn Kase and Brandon Garrett of the University of Virginia. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 22, 2014
Jerusalem Born
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Fresh off oral arguments in the Supreme Court, Alyza Lewin discusses Zivotofsky v. Kerry, which asks if Congress or the President has ultimate authority over passports. Plus, Yates v. U.S. debates whether grouper should qualify as "tangible objects." Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 08, 2014
Amicus: Ballot-Box Special
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On Ep. 4 of Amicus, a pre-election special. Dahlia sits down with UC Irvine law professor Rick Hasen, founder of Election Law Blog, to survey the landscape of state voter ID laws. They consider the effect of recent headlines on voters' confidence in elections, as well as the enduring curiosity of judicial elections in America. Learn more about your ad choices. Visit megaphone.fm/adchoices
Nov 01, 2014
Amicus: Revenge of the Octogenarians
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On Ep. 3 of Amicus, Slate’s Dahlia Lithwick talks with the New Yorker’s Jeffrey Toobin about his recent interview with President Obama on Obama’s judicial legacy. Then Dahlia welcomes Roberta Kaplan, the lawyer who won last year’s DOMA case U.S. vs. Windsor, and who’s now fighting for same-sex marriage in the South. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 25, 2014
Amicus: Let's Salsa with Sotomayor
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On Ep. 2 of Amicus, Slate’s Dahlia Lithwick and former acting solicitor general Walter Dellinger discuss the Surpreme Court’s recent non-decisions about abortion and voter I.D. laws. Then Dahlia talks with Joan Biskupic, author of a new biography of Justice Sonia Sotomayor. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 18, 2014
Amicus with Dahlia Lithwick
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On Ep. 1 of Amicus, Slate’s Dahlia Lithwick discusses the opening of the Surpreme Court’s new term with Tom Goldstein, publisher of SCOTUSblog. Dahlia also welcomes Douglas Laycock, who argued the case of a Muslim prisoner who wants to grow a beard. Learn more about your ad choices. Visit megaphone.fm/adchoices
Oct 11, 2014