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

Joyce White Vance, former U.S. Attorney and MSNBC contributor, delves into the precarious state of democracy and justice. She discusses her new book, emphasizing the need for active citizen engagement to defend institutions. Vance critiques the media's role and highlights the threat of politicized legal processes. She stresses the importance of community activism and voter protection against tightening laws. Together with Dahlia Lithwick, they explore the urgency of repairing, not abandoning, democratic structures, all while maintaining a thread of hope for the future.

Janai Nelson, president of the NAACP Legal Defense Fund argued in defense of the Voting Rights Act in the pivotal Supreme Court case,  Louisiana v Callais this week. Nelson joins Dahlia Lithwick on this episode of Amicus to probe the implications of the case for voting rights around the country, and the role of the Supreme Court in a democratic system. Nelson warns that while the consequences of losing Section 2 would be catastrophic, t many Americans are unaware how much of their democracy is undergirded by the rights accorded in the 14th and 15th amendments, and effectuated by the Voting Rights Act. Their conversation delves into the historical context of voting rights, the importance of precedent, and the unfinished, but essential, struggle for racial justice in America. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this compelling discussion, military justice expert Eugene R. Fidell and retired Air Force judge advocate Stephen J. Lepper dive into how Trump's legal battles pose a major threat to the military's role under the Constitution. They analyze the implications of presidential immunity on military orders and loyalty. The guests highlight a dangerous shift in the normalization of military presence in U.S. cities and connect recent actions in the Caribbean to broader issues of command authority. They also stress the importance of legal resources for service members grappling with conflicting orders.

Join Ian Millhiser, a Senior Correspondent at Vox focusing on the Supreme Court, as he dives into the upcoming court term. He discusses the implications of the shadow docket, highlighting its impact on public trust and judicial legitimacy. Milihiser breaks down pivotal cases on voting rights, campaign finance, and transgender rights, warning of a more partisan judicial landscape. With urgent assessments on the court's trajectory and its alignment with Trump-era policies, this conversation is a crucial look at the future of American democracy.

Justin Driver, a Yale Law School professor and author of 'The Fall of Affirmative Action,' dives into the Supreme Court's recent decision on affirmative action and its profound repercussions on higher education. He emphasizes how this ruling has led to significant drops in Black enrollment at elite colleges. Driver also discusses the polarized nature of affirmative action, the implications of Chief Justice Roberts' rationale, and suggests practical race-neutral strategies for maintaining diversity on campuses. His insights challenge both critics and supporters of current policies.

In this engaging conversation, Mary Anne Franks, a law professor and author of Fearless Speech, dives deep into the current state of free speech in America. She critiques the contradictions of free-speech absolutism, highlighting how recent government actions compromise First Amendment rights. Franks discusses the perils of blending entertainment, technology, and governance, revealing how this mix fosters censorship. The dialogue uncovers a cycle of blame towards universities and politicization that exacerbates surveillance and dissent chilling.

Ahilan Arulanantham, a seasoned human rights lawyer and UCLA law professor, joins the conversation to dissect a recent Supreme Court ruling that paves the way for racial profiling by ICE. They explore how this decision impacts both immigrants and U.S. citizens, especially within marginalized communities. The chilling reality of heightened fear around immigration enforcement in Los Angeles is highlighted, along with critical discussions on the misuse of legal concepts like reasonable suspicion and the implications for Fourth Amendment rights.

Jill Lepore, the David Woods Kemper 41 Professor of American History at Harvard and a staff writer for The New Yorker, dives into America’s constitutional quandary. She discusses the paralysis of political life and the urgent need for creative engagement with the Constitution. Lepore explores the complexities of amendments, popular constitutionalism, and the voices historically excluded from the Constitution’s narrative. She emphasizes the importance of rekindling the imagination surrounding governance and the potential for meaningful change in a polarized landscape.

Elizabeth "Liza" Goitein, a senior director at the Brennan Center for Liberty and National Security and a renowned expert on presidential emergency powers, joins the discussion. They delve into the controversial deployment of the National Guard in D.C., raising alarms about civil liberties and the potential for military overreach. Goitein highlights the legal frameworks that govern this issue, emphasizing the risks of federalizing the National Guard and concerns over the erosion of democratic principles. The conversation underscores the vital need for vigilance against authoritarian trends in governance.

Karen Thompson, the legal director of Pregnancy Justice, sheds light on the alarming trend of prosecuting women for pregnancy-related outcomes like miscarriages. She discusses the chilling implications of fetal personhood laws gaining traction nationwide, impacting women's rights and autonomy. With some states treating abortion as homicide, the stakes are high for pregnant individuals. Thompson shares stories of women facing legal action for experiences beyond their control and emphasizes the urgent need for legal advocacy to protect reproductive rights.