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

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

A show about the law and the nine Supreme Court justices who interpret it for the rest of America. Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.

A show about the law and the nine Supreme Court justices who interpret it for the rest of America. Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen.

 

#324

How The Mifepristone Case Reached SCOTUS

Well, it happened again. The hIgHeSt CoUrT will hear arguments Tuesday in a case based on made up facts! This time it’s mifepristone, the abortion drug at the center of Alliance for Hippocratic Medicine v FDA.  The claim was that the FDA approval process (three decades ago), for mifepristone, one of two medication abortion drugs, was haphazard and slapdash.. Alliance for Hippocratic Medicine also argued that the FDA’s 2021 decision to allow telemedicine abortion and mailing of abortion pills violates a 19th-century anti-vice law called the Comstock Act. This week on the show Dahlia Lithwick speaks with Carrie N. Baker, Smith College professor and author of the forthcoming book Abortion Pills: US History and Politics. Baker says taking away the rights to access abortion pills in the mail could have catastrophic consequences for pregnant people, drug development, and privacy for all Americans. In this week’s subscribers-only segment, Slate’s Trump Law correspondent Jeremy Stahl gives us the updates on some of the cases against the former president - including the “a lot ton” of money he owes in New York, like starting on Monday.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

23 Mar 2024

57 MINS

57:31

23 Mar 2024


#323

Who Gets to Lie Online?

While all eyes and brains are on what SCOTUS thinks about making Trump emperor-king, a lesser known case will be heard Monday that could have a huge impact on how social media can (or cannot) keep election workers safe this year. Murthy v. Missouri arrives at the high court as the result a lawsuit filed by the attorneys general of Missouri and Louisiana, along with a group of social media users—including some doctors and right-wing commentators—who argued that officials in the Biden administration censored their online speech about COVID-19, the 2020 election, among other issues The plaintiffs don’t claim that the administration directly silenced their speech. Instead, they argue that, by working with social media companies to limit the spread of misinformation, the government unlawfully chilled the free expression of their ideas. Gowri Ramachandran serves as deputy director in the Brennan Center’s Democracy program.The amicus brief filed by her team from the Brennan Center in Murthy draws the Justices attention to another aspect of election disinformation . Ramachandran explains to host Dahlia Lithwick that combating election disinformation has always been important, but it is especially critical now, as  election workers struggle to keep on top of voting issues. Later in the show for Slate plus subscribers, Mark Joseph Stern joins to talk about  the 5th U.S. Circuit Court of Appeals taking a swing at teens’ access to contraception, and a new effort to combat the scourge of judge-shopping.  Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

16 Mar 2024

44 MINS

44:39

16 Mar 2024


#322

The Lies Destroying America

It’s not just the justices on the Supreme Court who can’t seem to agree with each other anymore. As we slide into Trump v. Biden 2 (The Second One), it seems like voters can’t seem to come to a consensus on just about anything either, including the facts they are arguing over. Author and superstar litigator Barbara McQuade argues in her new book [Attack From Within: How Disinformation is Sabotaging America] (http://www.amazon.com/dp/164421363X/?tag=slatmaga-20) the information we consume is crucial to the health of our democracy. She speaks with Dahlia Lithwick about America’s problems with dis- and mis-information, and how we can solve them. In this week’s Amicus Plus members-only segment, Dahlia is joined by her co-pilot in the jurisprudence news cockpit, Mark Joseph Stern to talk about President Biden's SOTU SCOTUS FU, why Alabama's legislative quick fix for its theocratic state supreme court's  IVF decision is unlikely to hold, and the meta story of the meta data in the liberal justices’ concurrence in Monday’s Supreme Court decision to restore former President Trump to the Colorado primary ballot.  This segment is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit [slate.com/amicusplus] (http://slate.com/amicusplus) to get access wherever you listen. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

09 Mar 2024

54 MINS

54:56

09 Mar 2024


#321

Yes, You Can Vote for an Insurrectionist

This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit [slate.com/amicusplus] (https://slate.com/podcast-plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=episode_summary) to get access wherever you listen. ROTATING RED LIGHT!!! The Supreme Court ruled early Monday that alleged insurrectionist Donald Trump can remain on the Colorado republican primary ballot, and that no state may remove him, even if they want to. That’s Congress’ job. The 9-0 decision wasn’t unexpected, but the broad reasoning used by five of the court’s conservative justices certainly was, to the chagrin of the liberals and Amy Coney Barrett.  In this special emergency episode, Dahlia Lithwick is joined by Slate’s very own pocket justice league, Mark Joseph Stern and Jeremy Stahl, to discuss what this blockbuster result in Anderson says about the court’s consolidation of power and how it has helped Trump in so many ways.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

04 Mar 2024

08 MINS

08:24

04 Mar 2024


#320

The IVF Decision We Should Have Seen Coming

It was a wild week at the High Court (another seven days crammed with a year’s worth of news). SCOTUS heard cases about bump stocks, and how Clarence Thomas and Samuel Alito would do as Facebook content moderators. The Supreme Court also finally found the time to put a thumb on the scale for serially indicted alleged insurrector-in-chief former President Donald J Trump. We’ll talk about all those things with Slate’s very own Mark Joseph Stern. But what we’re really focused on this week is the Alabama Supreme Court’s recent decision finding that frozen embryos are children, and the unshakeable sense that the coverage of this so far has had a slightly myopic quality, as though this case is purely about IVF, and carving out IVF, when in fact the entire movement for fetal personhood sweeps in many more people and rights than just those seeking assisted reproductive technology. We’re joined by a preeminent expert on matters of law, medicine, reproductive health, and biotechnologies, Dr. Michele Goodwin. Dr. Goodwin is the author of [ Policing The Womb: Invisible Women and The Criminalization of Motherhood] (http://www.amazon.com/dp/110703017X/?tag=slatmaga-20) . She explains (again) why we should have seen this decision coming from miles (and centuries) away.  Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit [slate.com/amicusplus] (http://slate.com/amicusplus) to get access wherever you listen. Later, in the Slate Plus segment, Mark returns to discuss this week’s SCOTUS arguments and the big news that legislative turtle and legal hellscape architect Mitch McConnell will be stepping down from his role as leader of Republicans in the Senate later this year.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

02 Mar 2024

1 HR 01 MINS

1:01:39

02 Mar 2024


#319

A Series of Lawsuits That We Call an Election

Dahlia Lithwick is drinking from the firehose of legal news again and this week is joined by election law professor Rick Hasen to figure out [why we’re all still hanging on for the Supreme Court to make a call ] (https://electionlawblog.org/?p=141600) in former President Donald J Trump’s sweeping claim to immunity from prosecution over the events of January 6th, how Americans could actually achieve a [real right to vote] (http://www.amazon.com/dp/069125771X/?tag=slatmaga-20) , and why no-one’s paying attention to a pair of [incredibly consequential social media cases] (https://slate.com/news-and-politics/2024/02/supreme-court-order-facebook-x-election-lies.html) being argued at SCOTUS next week.  In our Slate Plus segment, Dahlia and Slate’s own Mark Joseph Stern discuss the bonkers but very [very real implications of the Alabama Supreme Court ] (https://slate.com/news-and-politics/2024/02/abortion-bans-alabama-ivf-explained.html) decision to bestow personhood on embryos being used in fertility treatment, creating an impossible legal landscape for clinics and those struggling to become pregnant. Next, they sift through Justice Samuel Alito’s grievance debris in a recent dissent to find the [ deeply worrying signposts toward overturning equal marriage rights] (https://slate.com/news-and-politics/2024/02/sam-alito-marriage-equality-homophobic-juror-scotus.html) . Finally, the Pennsylvania Supreme Court pleads with SCOTUS to clear up the mess it made of gun laws with its decision in Bruen. [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit [slate.com/amicusplus] (http://slate.com/amicusplus) to get access wherever you listen. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

24 Feb 2024

55 MINS

55:24

24 Feb 2024


#318

Fani Willis and a Tale of Two Ethics Violations

The future of the Fulton County, Georgia election subversion case against Donald J. Trump and many many accused co-conspirators was [cast into doubt this week] (https://slate.com/news-and-politics/2024/02/fani-willis-testimony-conflict-trump-georgia.html) as the court saw evidentiary hearings in the defence’s motion to disqualify Fulton County AG Fani Willis. Dahlia Lithwick is joined by Slate’s chief Law of Trump correspondent [Jeremy Stahl] (https://slate.com/author/jeremy-stahl) to discuss why, even with a very high bar for removing Willis from the case, the court was dragged through some tawdry details that are bound to come back to hurt the prosecution, one way or another. Later in the show, executive director and co-founder of Court Accountability, [Alex Aronson] (https://twitter.com/alexaronson) , talks with Dahlia about what could possibly be done to make Supreme Court justices follow reasonable recusal guidelines (we’re looking at you, Justice Thomas), and whether the American electorate might at last be finding an appetite for court reform.  In the Slate Plus segment, Jeremy returns to the podcast martini lounge to discuss what [might be the first Trump case to reach a criminal trial] (https://slate.com/news-and-politics/2024/02/trump-first-trial-hush-money-bragg.html) . They also discuss the latest on Trump’s claim of blanket immunity.  Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit [slate.com/amicusplus] (https://www.slate.com/amicusplus) to get access wherever you listen. To catch up on the ever-breaking Trump trial news, check out [https://slate.com/news-and-politics/jurisprudence] (https://slate.com/news-and-politics/jurisprudence) Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

17 Feb 2024

53 MINS

53:32

17 Feb 2024


#317

Is SCOTUS Afraid of Holding Trump to Account?

Oral arguments at the Supreme Court Thursday in Trump v. Anderson revealed a lot about some of the justices’ commitment to the primacy of originalism. Noah Bookbinder, president of [Citizens for Responsibility and Ethics in Washington] (https://www.citizensforethics.org/) , joins Dahlia Lithwick to discuss why his organization took up and pursued the long shot case to try to keep former President Donald J Trump off the ballot in Colorado. While the Supreme Court appeared to have little appetite for taking the big swing to find that Trump had disqualified himself from office when he engaged in an insurrection, Noah insists the case is far from having been in vain - eloquently highlighting the [dangerous potential consequences of inaction] (https://slate.com/news-and-politics/2024/02/supreme-court-trump-john-roberts-bargain.html) . It's a chilling reminder of what’s at stake. Next, Dahlia is joined by slate senior writer Mark Joseph Stern to discuss whether the liberal justices have some grand bargain in mind as they offered multiple off-ramps for Trump’s side, despite dozens of bipartisan briefs arguing for Trump to be kept off the ballot, the court’s [originalist’s sudden concern for consequences] (https://slate.com/news-and-politics/2024/02/john-roberts-supreme-court-trump-ballot-humility.html) in this case, when they have had no interest in weighing the life and death consequences for ordinary people in cases concerning guns and abortion. Finally, they tackle a worrying undercurrent to Thursday’s arguments: an apparent capitulation to threats of chaos and violence as a basis for deciding constitutional cases.  In our Slate Plus segment, Mark sticks around to discuss a landmark gun decision out of the Hawaii Supreme Court, and why it’s a problem that DOJ’s special counsel, Robert Hur, issued a report declining to prosecute, but affirming that Joe Biden is old (hint: the problem isn’t that he’s old).  Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit [slate.com/amicusplus] (https://www.slate.com/amicusplus) to get access wherever you listen. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

10 Feb 2024

53 MINS

53:49

10 Feb 2024


#316

The Trump Trials Doomsday Clock Just Ticked a Second Closer to Midnight

Subscribe to Slate Plus to unlock the full version of this emergency episode. After weeks of waiting, the DC Circuit Court of Appeals has handed down a decision in Donald J Trump’s appeal for sweeping immunity from prosecution for any of his actions while in office on grounds of a kind of post-presidential enduring presidenty-ness. The panel of three judges wrote: “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,”  In this extra episode of Amicus, exclusive to our Slate Plus members, Dahlia Lithwick is joined by Slate senior writer Mark Joseph Stern and Slate’s jurisprudence editor Jeremy Stahl to answer the huge questions this decision now sparks - will the Supreme Court step in? If so, when? Are there votes to stay the decision while the court mulls, or to expedite a hearing? All of this, of course, is set against the countdown to November 2024 and whether Donald Trump will be tried for alleged criminal acts to overturn the 2020 election before the American People go to the ballot box this time.  To subscribe on Apple Podcasts, just click “Try Free” at the top of the Amicus show page. Or, visit [slate.com/amicusplus] (http://slate.com/amicusplus) to get access wherever you listen. As a Slate Plus member, not only will you unlock exclusive, subscriber-only Amicus content, but you’ll also get ad-free listening across all your favorite Slate podcasts—shows like Political Gabfest, Slow Burn, and What Next. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

06 Feb 2024

06 MINS

06:34

06 Feb 2024


#315

The Neglected Constitutional History That Disqualifies Trump

There haven’t been that many insurrections in the United States, which means the case law ahead of next week’s arguments in Trump v. Anderson (the 14th Amendment, Section 3 disqualification case) is pretty thin. And so we, and presumably the justices, must rely on text and history to understand the intent of the drafters of the Reconstruction Amendments. Civil war and reconstruction historian Professor Manisha Sinha, signatory of one amicus brief and cited in another, explains that the history is crystal clear. Trump must be disqualified from the ballot. After weeks of discussing concerns about the strategic, political implications of this case, this week Dahlia Lithwick tackles the text and the history head-on, in a case that’s almost a natural experiment in applying originalism on its own terms. See also:   [Amicus Brief signed by 25 civil war and reconstruction historians (including Professor Sinha)] (https://www.supremecourt.gov/DocketPDF/23/23-719/298895/20240126151819211_23-719%20Brief.pdf) [Abraham Lincoln’s Lyceum Address] (https://papersofabrahamlincoln.org/documents/D200130) [Sean Wilentz: The Case for Disqualification, New York Review of Books] (https://www.nybooks.com/articles/2024/02/22/the-case-for-disqualification-trump-sean-wilentz/) [Jamelle Bouie: If It Walks Like an Insurrection and Talks Like an Insurrection... NY Times] (https://www.nytimes.com/2024/01/30/opinion/trump-insurrection-supreme-court.html) In this week’s Amicus Plus segment, Slate’s judicial diviner Mark Joseph Stern joins to talk about a [Pennsylvania Supreme Court ruling on abortion] (https://slate.com/news-and-politics/2024/01/pennsylvania-supreme-court-dobbs-sam-alito-abortion.html) that really took both text and history and human rights seriously. Also, an 8th circuit decision that could put a stake in the heart of what remains of the voting rights act. [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

03 Feb 2024

53 MINS

53:44

03 Feb 2024


#314

Donald Trump and the Apex of MAGA Misogyny

Despite Donald Trump’s efforts, there will be a significant cost for his continued defamation of E. Jean Carroll (And it’s $83.3 million!!). For much of the proceedings he sat behind Carroll muttering under his breath and posting three-dozen times on Truth Social in one night about the unfairness of the judge and the court. But zoom out, and Trump’s actions at the trial and toward women generally have far bigger implications than the size of the check he’ll have to write. This week, Vanity Fair’s Molly Jong-Fast joins Dahlia Lithwick to explain how Trump has fanned the flames of GOP misogyny playing out in every aspect of our politics, from the GOP primary to the leadership in the House of Representatives to women who have been raped in states with no access to abortion. And she asks what it ultimately says about our justice system that 80-year-old E. Jean Carroll is the one prepared to take the stand against the man who assaulted her. In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern discusses the Supreme Court’s 5-4 decision that kinda sorta resolved the battle between federal immigration authorities and Texas Governor Greg Abbott, and the horrifying turn the conservative turn has taken on capital punishment this week. [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show.  Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

27 Jan 2024

36 MINS

36:24

27 Jan 2024


#313

Greg Abbott and the Battle for the Texas Border

The immigration fight on the U.S. - Mexico border keeps getting uglier - not between the U.S. and its southern neighbor, Mexico, but between the federal government and a Texas administration apparently unconcerned by constitutional supremacy. Earlier this month, members of the [Texas Military Forces] (https://www.tpr.org/border-immigration/2024-01-17/rep-joaquin-castro-calls-on-biden-to-federalize-gov-abbotts-rogue-national-guard) took over a public park in Eagle Pass, TX at the behest of Gov. Greg Abbott. The park, on the banks of the Rio Grande, is near a frequently used border crossing. Last weekend, Texas forces blocked Federal Border Patrol agents from reaching a woman and two children who had drowned trying to cross the river into the United States.   The move by Abbott is certainly shocking, but it’s an [example of ways the state is trying to intervene in federal police powers and responsibilities] (https://stevevladeck.substack.com/p/bonus-62-what-the-heck-is-happening) . In a series of increasingly urgent filings, the Justice Department is pleading [with the Supreme Court] (https://slate.com/news-and-politics/2024/01/supreme-court-texas-border-patrol-standoff.html) to intervene to let Federal agents enforce Federal laws.  Rochelle Garza, president of the [Texas Civil Rights Project] (https://www.txcivilrights.org/copy-of-who-we-are) , joins the show to discuss how the cruelty of Abbott’s approach is undermining Texas communities and creating a constitutional crisis that may originate in Texas, but will not remain there.  Dahlia is joined by SCOTUS-whispering wingman Mark Joseph Stern in today’s Slate Plus segment to discuss why the High Court’s response to Texas’ game of chicken with the Feds is so dangerously sluggish. Next, they explore the oral arguments in the [big Chevron-overturning vehicle that is Loper Bright] (https://slate.com/news-and-politics/2024/01/supreme-court-democrats-president-chevron-precedent.html) , a case that was supposed to be about fishermen but is actually about overturning tens of thousands of agency law decisions and grabbing power from the elected branches and handing it to the judiciary.   [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

20 Jan 2024

51 MINS

51:28

20 Jan 2024


#312

The Supreme Court Gave Itself Huge Extra Powers and It’s Becoming a Big Problem

There’s an ever-growing queue of cases concerning Donald Trump headed for the Supreme Court that threaten to further dent the legitimacy of an institution that has tumbled in the public’s estimation in the last few years. This week’s show examines some of the interlocking issues raising the already sky-high stakes at One, First Street. First, Dahlia Lithwick kicks off the show with an update from Slate’s Law of Trump chief correspondent Jeremy Stahl about arguments in [Trump’s immunity appeal at the DC Circuit Court] (https://slate.com/news-and-politics/2024/01/slatest-news-politics-newsletter-trump-appeals-court.html) this week. Next, we turn to a conversation with Professor Ben Johnson, an Associate Professor of Law at the University of Florida Levin College of Law. He [recently wrote about] (https://www.theatlantic.com/ideas/archive/2023/12/loper-bright-enterprises-v-raimondo-supreme-court-questions/676353/) the very long history of how the Supreme Court granted itself vast power to shape the law and policy by picking and choosing not only which cases it would hear, but also which questions it would answer when it hears those cases. Next week’s arguments in Loper Bright Enterprises v Raimundo are a case in point, and the question of questions also poses a conundrum for a court in a downward legitimacy spiral, as a parade of Trump cases head toward the High Court.  In this week’s [Amicus Plus] (https://slate.com/amicusplus) segment, Dahlia is joined by Slate’s Jeremy Stahl to discuss the bread and circus of closing arguments in the Trump Organization civil fraud trial in New York, and the next phase of litigation involving the former President and [E Jean Carroll] (https://slate.com/news-and-politics/2024/01/e-jean-carroll-trial-donald-trump-back-in-court.html?sid=5a870a7724c17c4e5959332c&email=08663646a6d9b716e1f65ce00a489fc2d9b14187ea1ccdf9e8374d4305605be8&email2=a04539e88a9ed3e34386561c13abfed9&email3=b6148656c3ab68e10430b6007fff41990e174b9a&utm_medium=email&utm_campaign=traffic&utm_source=newsletter&utm_content=TheSlatest) that gets underway next week.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

13 Jan 2024

1 HR 03 MINS

1:03:43

13 Jan 2024


#311

Deja Coup: Donald Trump and the Slow Civil War

On January 6, 2021, supporters of Donald J Trump stormed the U.S. Capitol building hoping to stop Joe Biden from becoming president. Three years later, a quarter of Americans believe the FBI instigated the events of that day.   This week on Amicus, we’re trying to understand the myth-making that helped foment the riot, and the religious fervor that binds and buoys Trump’s supporters today. Dahlia Lithwick is joined by Jeff Sharlet, author of “ [The Undertow: Scenes From a Slow Civil War] (https://amzn.to/3luklS2) ” to explore the stories and symbols that are shaping Trump’s march toward fascism, and to figure out what place the rule of law has in this struggle.  In this week’s Amicus Plus segment, Slate’s dynamic legal duo of Mark Joseph Stern and Jeremy Stahl break down the latest in Trump’s cascading court cases, and the Texas abortion case that’s on a fast track to the Supreme Court.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

06 Jan 2024

58 MINS

58:20

06 Jan 2024


#310

The Very Worst of SCOTUS 2023

From the Chief Justice seeing the [funny side of stalking and harassment,] (https://slate.com/news-and-politics/2023/04/counterman-colorado-supreme-court-threats-stalking.html) to [Justice Samuel Alito’s tiny violin] (https://slate.com/news-and-politics/2023/06/alito-private-jet-defense-supreme-court-hypocrisy.html) , to fighting in the footnotes and a [bench dissent snapback] (https://slate.com/news-and-politics/2023/07/john-roberts-elena-kagan-student-debt-dissent.html) , to [THAT painting] (https://slate.com/news-and-politics/2023/04/clarence-thomas-portrait-art-historian-close-reading.html) , it’s been quite a year at One, First Street. Dahlia Lithwick and Mark Stern are back with their bottom 10 picks for the Supreme Court’s worst moments of 2023. But don’t despair, there is a glimmer of hope, one part of the SCOTUS beat sucked less this past year… Stay tuned to hear Dahlia and Mark reveal what facet of the Supreme Court multiverse actually improved in 2023.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) to support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

30 Dec 2023

56 MINS

56:13

30 Dec 2023


#309

The Many Trials of Donald J. Trump

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

23 Dec 2023

45 MINS

45:08

23 Dec 2023


#308

Texas Abortion Laws’ Cruel Outcomes

Earlier this week, the Texas Supreme Court said Kate Cox couldn’t have an abortion.Cox’s doctors had diagnosed the fetus with Trisomy 18, an almost certainly fatal genetic condition. On top of that, there were concerns about whether or not Cox would be able to have children again in the future if she continued with this pregnancy. None of this was enough for nine judges in Texas to allow Cox to have an abortion. Cox’s story isn’t unique. Amanda Zurawski almost died after a Texas court said she couldn’t have an abortion. Today, she’s the lead plaintiff in [Zurawski v. State of Texas] (https://slate.com/news-and-politics/2023/03/texas-abortion-ban-lawsuit-plaintiffs-near-death-experiences.html) . She joins Amicus this week to show the real, human effects of the U.S. Supreme Court’s decision to overturn Roe v. Wade. Zurawski is joined by one of the lawyers representing her in the case, Jamie Levitt. In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern talks about another made-up case that this time, won’t make it to SCOTUS.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

16 Dec 2023

1 HR 00 MINS

1:00:49

16 Dec 2023


#307

Billionaires Had a Bad Week at the Supreme Court

When Moore v United States landed on the Supreme Court docket, it threatened to take a big swing at any future wealth tax and maybe cut the legs out from under the government’s ability to collect a lot of other tax. But as arguments unfolded Tuesday at One, First Street, it became clear that some of the Justices had studied up on the tax code and were cooling on blowing a big hole in it.  To understand why Moore made it all the way up to SCOTUS in the first place, and why the facts don’t match claims from the plaintiffs, Dahlia Lithwick is joined by law professor and author of Big Dirty Money, P [rofessor Jennifer Taub] (https://jennifertaub.com/) . Together they talk about the billions behind the case, the tax law, and the arguments inside the chamber.  Next, Dahlia is joined by Slate’s Mark Stern, [ who covered Moore for the magazine] (https://slate.com/news-and-politics/2023/12/sam-alito-moore-arguments-tax-scheme.html) , to discuss Justice Alito's non-recusal from the case, his BFF David Rivkin Jr., and why the plaintiffs Mr and Mrs Moore bear a striking resemblance to some other, recent, fabled SCOTUS plaintiffs.  In this week’s [Amicus Plus] (https://slate.com/amicusplus) segment, Mark Stern hangs on to talk about [the Title VII case this week that didn’t go *that badly*, and why that’s still not good] (https://slate.com/news-and-politics/2023/12/brett-kavanaugh-neil-gorsuch-civil-rights.html) , and to explain why Justice Elena Kagan has had it up to here with false first principles.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show.  Dahlia’s book  [Lady Justice: Women, the Law and the Battle to Save America] (http://www.amazon.com/dp/0525561382/?tag=slatmaga-20) , 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] (https://megaphone.fm/adchoices) ... Read more

09 Dec 2023

48 MINS

48:39

09 Dec 2023


#306

Remembering Sandra Day O’Connor

Former Supreme Court Justice Sandra Day O’Connor [ died Friday at the age of 93] (https://slate.com/news-and-politics/2023/12/sandra-day-oconnor-obit-sad-legacy.html) . Amicus host Dahlia Lithwick is joined by former O’Connor clerk and renowned First Amendment scholar RonNell Andersen Jones to talk about the Justice’s trailblazing career, her judicial philosophy, and the combination of humility and strength that marked her time on the court, and away from it.  Later in the show, Dahlia celebrates the joyous return of Mark Joseph Stern to share some big announcements AND to discuss [SEC v Jarkesy] (https://slate.com/news-and-politics/2023/11/supreme-court-case-sec-jarkesy-stakes.html) . As Mark explains, the conservative justices seemed ready, willing, and able to take another swing at the administrative state (AKA functioning government). Mark Stern stays with us for this week’s [Amicus Plus] (https://slate.com/amicusplus) segment, taking us through some good ol’ vote suppressing stuff from MAGA-stacked lower courts choosing to ignore last term’s big voting rights decision in Allen v Milligan. Remember that time Chief Justice John Roberts and Brett Kavanagh saved voting rights? Turns out these lower courts are saying - not so much.   [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show.  Dahlia’s book  [Lady Justice: Women, the Law and the Battle to Save America] (http://www.amazon.com/dp/0525561382/?tag=slatmaga-20) , 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] (https://megaphone.fm/adchoices) ... Read more

02 Dec 2023

1 HR 02 MINS

1:02:23

02 Dec 2023


#305

From "The Political Scene": Trump's Vindictive Second Term Agenda

While Amicus takes a break to digest turkey and count our blessings, we're sharing this episode of The Political Scene from our friends at The New Yorker. In recent weeks, Americans have begun to get a clearer picture of what a second Donald Trump Administration could look like. Some clues have come from organizations like the Heritage Foundation, which has laid out policy proposals for the Trump campaign. Others have come from the former President himself. Trump has said he would appoint a prosecutor to “go after” Joe Biden and his family; on Veterans Day, this past weekend, he pledged to root out opponents and critics who he said “live like vermin within the confines of our country.” “Trump wants to get rid of all of these guardrails that protect the government from becoming a spoil system,” the staff writer Jane Mayer says, including by firing members of the federal civil service. Ultimately, how different would a second Presidency be from the last time that Trump was in the White House? “There are two words that I would say really underscore the difference this time, and why Trump in 2024 is arguably a much bigger threat in many ways than he was even eight years ago,” the New Yorker staff writer  [Susan B. Glasser] (https://www.newyorker.com/contributors/susan-b-glasser)  says. “The two words are ‘retribution’ and ‘termination.’ ” The staff writer  [Evan Osnos] (https://www.newyorker.com/contributors/evan-osnos)  joins Mayer and Glasser to weigh in. Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

25 Nov 2023

35 MINS

35:57

25 Nov 2023


#304

Is The Federalist Society Over?

Donald J Trump is signaling a split with the conservative legal movement’s kingmakers, The Federalist Society. Instead, the presumptive Republican Presidential nominee is planning a radical (and radically lawless) remaking of American government in his image.  On this week’s show, Dahlia Lithwick is joined by Amanda Hollis Brusky, professor of politics at Pomona College and author of  [Ideas with Consequences: The Federalist Society & the Conservative Counterrevolution] (http://www.amazon.com/dp/0190933747/?tag=slatmaga-20) , and coauthor of [Separate But Faithful: The Christian Right’s Radical Struggle to Transform Law and Legal Culture] (http://www.amazon.com/dp/0190637269/?tag=slatmaga-20) . Together, they explore what the split between the right’s legal project of 40 years and the man who hopes to be the next Republican President means for the law, the rule of law, and the U.S. Supreme Court.  In this week’s [Amicus Plus] (https://slate.com/amicusplus) segment, Dahlia is joined by Jay Willis of Balls and Strikes to discuss the Supreme Court’s new ethics code. Spoiler: It’s not really new. As Jay says, think of it more like frat house rules published for the benefit of naive parents.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show.  Dahlia’s book  [Lady Justice: Women, the Law and the Battle to Save America] (http://www.amazon.com/dp/0525561382/?tag=slatmaga-20) , 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) . [https://books.supportingcast.fm/lady-justice] (https://books.supportingcast.fm/lady-justice) Learn more about your ad choices. Visit [megaphone.fm/adchoices] (https://megaphone.fm/adchoices) ... Read more

18 Nov 2023

46 MINS

46:44

18 Nov 2023


#303

Dunking On Trump's Lawyers Might Not Be The Win You Think It Is

If we are to take Donald J. Trump seriously (and at this stage it’s surely a fool’s errand not to), then the rule of law and democracy are on the line if (when) he becomes the Republican nominee for 2024. What role will the former President’s many many legal woes play in the coming months? A clearer picture is emerging after testimony for the prosecution wrapped in the civil fraud trial against Trump and his adult sons in their roles at the helm of the Trump Organization in New York City this past week. That picture is of a political candidate claiming to be the victim of an unprecedented legal witch hunt. In other words, as the trials proceed within the courts, a political trial is underway on the courtroom steps, at campaign stops, and in the media. On this week’s show, Dahlia Lithwick is joined by Professor Eric Posner, of the University of Chicago Law School, author of [The Demagogue's Playbook: The Battle for American Democracy from the Founders to Trump] (http://www.amazon.com/dp/1250303036/?tag=slatmaga-20) , to discuss political trials - their history and their risks.  Next, Dahlia is joined by [Madiba Dennie] (https://www.theatlantic.com/ideas/archive/2023/02/originalism-united-states-v-rahimi-women-domestic-abuse/672993/) - attorney, columnist, professor, and deputy editor at [Balls and Strikes] (https://ballsandstrikes.org/authors/madiba-dennie/) - to recap oral arguments in [United States v Rahimi] (https://slate.com/news-and-politics/2023/11/rahimi-supreme-court-justices-gun-case-spectacle.html) , the big gun case considering whether adjudicated domestic abusers have a right to keep and bear arms.  In this week’s [Amicus Plus] (https://slate.com/amicusplus) segment, listeners will have access to an extended version of Dahlia’s interview with Madiba Dennie, analyzing whether election results are moving some of the justices away from the all you can eat originalism buffet.   [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show.  Dahlia’s book  [Lady Justice: Women, the Law and the Battle to Save America] (http://www.amazon.com/dp/0525561382/?tag=slatmaga-20) , 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] (https://megaphone.fm/adchoices) ... Read more

11 Nov 2023

1 HR 03 MINS

1:03:35

11 Nov 2023


#302

The Right to Bear Arms and Terrorize Your Partner

Next week, the Supreme Court will hear arguments in one of the most significant—and potentially deadly—cases of the term - [United States v Rahimi] (https://slate.com/news-and-politics/2023/10/supreme-court-domestic-violence-history-rahimi-guns.html) . The case, a follow on from [New York State Rifle & Pistol Association Inc. v. Bruen] (https://www.oyez.org/cases/2021/20-843) , has the potential to weaponize the court’s Second Amendment extremism against victims of domestic abuse and protect adjudicated abusers. Dahlia Lithwick is joined by gun safety advocate Shannon Watts, founder of Moms Demand Action, to find out the potential real life-and-death consequences of pursuing originalism literally back to when women were property and muskets were muzzle-loaded. They also discuss why the right is so keen to pursue gun rights through the courts, rather than through the democratic process.  In this week’s [Amicus Plus] (https://slate.com/amicusplus) segment, Dahlia is joined by Jay Willis, editor in chief of Balls and Strikes, to discuss oral arguments in a pair of cases concerning First Amendment concerns when politicians block dissenting voices on social media, the Trump-related trademark t-shirt dispute that is barely SFW, and Justice Clarence Thomas’s personal luxury RV loan forgiveness program.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show.  Dahlia’s book  [Lady Justice: Women, the Law and the Battle to Save America] (http://www.amazon.com/dp/0525561382/?tag=slatmaga-20) , 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] (https://megaphone.fm/adchoices) ... Read more

04 Nov 2023

46 MINS

46:29

04 Nov 2023


#301

Watching Trump Shrink in Court

On this week’s show, Dahlia Lithwick is joined by Slate’s Jurisprudence Editor, [Jeremy Stahl] (https://slate.com/author/jeremy-stahl) . Jeremy is also the lucky person tasked with helming Slate’s coverage of the many many criminal and civil trials of Donald J Trump and Amicus listeners can expect to hear a lot from Jeremy over the next year. After a week of big news across a number of the former President’s courtroom battles, Jeremy gives us a survey of the legal landscape and some vital pointers about [what really matters] (https://slate.com/news-and-politics/2023/10/sidney-powell-plea-deal-donald-trump-ouch.html) , [what’s nonsense] (https://slate.com/news-and-politics/2023/10/donald-trump-arguments-to-dismiss-case-explained.html) , and [what we should be watching and listening for in the coming weeks.] (https://slate.com/news-and-politics/2023/10/why-donald-trump-loves-mike-johnson.html) In this week’s [Amicus Plus] (https://slate.com/amicusplus) segment, Jeremy Stahl sticks around to have a behind the scenes chat about how Slate’s jurisprudence team is tackling the thorny issue of reporting on the Trump trial - sorting wheat from chaff and stakes from horse race.  [Sign up for Slate Plus] (https://my.slate.com/plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_notes) now to listen and support our show.  Dahlia’s book  [Lady Justice: Women, the Law and the Battle to Save America] (http://www.amazon.com/dp/0525561382/?tag=slatmaga-20) , 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] (https://megaphone.fm/adchoices) ... Read more

28 Oct 2023

53 MINS

53:07

28 Oct 2023