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

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

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Jun 8, 2023 • 6min

Did John Roberts Really Just Save Voting Rights?

This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. Thank you to our Slate Plus members for making this episode available to all listeners. The full version of this episode is now exclusively available to our Slate Plus members. If you want to have access to bonus content like this, go to slate.com/amicusplus to become a member.Dahlia Lithwick and Mark Joseph Stern join forces for this Opinionpalooza extra episode of Amicus discussing a seismic Supreme Court decision on voting rights. In his majority opinion in Allen v Milligan, Chief Justice John Roberts pushes back against his own long-standing stance on voting rights. Join Dahlia and Mark in this bonus episode to find out why.  Learn more about your ad choices. Visit megaphone.fm/adchoices
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Jun 3, 2023 • 1h 5min

How SCOTUS Enabled The Explosion of Anti-Trans Laws

This episode is a part of Opinionpalooza. Slate’s coverage of Supreme Court decisions. We consider this coverage so essential that we’re taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox.On this week’s Amicus, a sobering interview between Dahlia Lithwick and the ACLU's Chase Strangio. Chase is deputy director for Transgender Justice with the ACLU’s LGBT and HIV Project and a nationally recognized expert on trans rights. . The sheer number and breadth of proposed new laws targeting trans people is breathtaking, and they are coming from some familiar quarters if you follow the Supreme Court and abortion law. This conversation helps to set the stage for the end of the Supreme Court’s term by looking beyond the cases being decided this month at One, First Street, and toward the legal landscape, and the systems 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
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May 27, 2023 • 53min

Fixing The Court, One Story at a Time

Take your seats for a live show from Washington DC this week. This live show is part of Slate’s Full Court Press coverage, a provocation for the fourth estate to hold the third branch of government to account. Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, Elie Mystal of The Nation, and Jay Willis of Balls and Strikes. As we perch on the precipice of another slew of catastrophic decisions this June, they unpack how Supreme Court reporting has failed to meet the moment - and crucially, what to do about it. In this week’s Amicus Plus segment, listeners will hear the question and answer segment of the live show - with piercing audience questions such as: "Why do so many Democrats fail to take the court seriously?, and some vital advice for law students from Elie Mystal and Jay Willis. (Spoiler: Don't be Tom Cotton)Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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May 26, 2023 • 4min

Bonus: SCOTUS Nukes Wetlands Protections

In this bonus episode for Amicus Plus listeners, Dahlia Lithwick and Slate’s Mark Joseph Stern discuss the latest biggest Supreme Court decision: Sackett v EPA. It’s good news for developers and polluters, bad news for the rest of us.Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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May 20, 2023 • 53min

E. Jean Carroll and the Lawyer Who Beat Trump

Get your tickets for Amicus Live in Washington DC on May 24th here:https://slate.com/live/amicus-live-may-24-in-washington-d-c-full-court-press.htmlDahlia 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
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May 13, 2023 • 49min

The Supreme Court's Dangerous Return to Its Roots

Get your tickets for Amicus Live on May 24th. On this week’s Amicus, we head to Seattle for a live taping of the show at the Cross Cut Festival with guest Michael Waldman, President of NYU Law School’s Brennan Center. Dahlia Lithwick asks him about his new book, THE SUPERMAJORITY: How the Supreme Court Divided America, and what the ongoing ethics scandals and plummeting public approval for the court mean for our democracy. They also look ahead to next month when the court’s legitimacy may be stretched even further by major decisions that fly in the face of the majority of public opinion.In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the decisions that came out this week concerning pork producers and public corruption, which delivered some surprising and depressingly unsurprising opinions. They also try to figure out how many more times E Jean Carroll might have to sue Donald Trump to halt his defamation demolition derby.Sign up for 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
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May 6, 2023 • 48min

Clarence Thomas and the Billionaires

After weeks of controversy, piled upon intrigue, heaped with scandal and topped with crisis at the Supreme Court, it can be hard to get your bearings. What’s illegal, what’s unethical, what’s just a bit hinky? And what does it really mean for an institution that is about to hand down decisions that reach into every part of our lives, from justice to climate, from youtube to universities? On this week’s Amicus, Dahlia Lithwick is joined by Lisa Graves from True North Research. Lisa ia a veteran investigator of the dark money spigot that has been flooding the Supreme Court and rewarding some of the justices, and the causes and people close to their hearts. If you can’t see the woods for the trees, Lisa will paint you a picture. And that painting will, of course, include; Clarence Thomas, Leonard Leo, Harlan Crow and Mark Paoletta. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to talk about the possible end of Chevron deference the impacts for the 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
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Apr 22, 2023 • 1h 2min

John Roberts’ Unfunny Stalking Jokes at SCOTUS

As laughter ricocheted around the Supreme Court chamber Wednesday, Professor Mary Anne Franks wondered if she could quite believe her ears. The matter of some hilarity, it seems, were messages sent by a convicted stalker to his victim. Individual messages that were among what one detective estimated to number in the hundreds of thousands - possibly as many as one million messages - sent by Billy Raymond Counterman to singer Coles Whalen. Counterman’s campaign of harassment drove Whalen away from performing, indeed drove her away from her home state. She moved across the country to get away. On this week’s Amicus, Dahlia Lithwick is joined by Professor Mary Anne Franks to discuss Counterman v Colorado and how the details of a cyber-stalking case were lost to free speech concerns about trigger warnings and "sensitivity". You can read Prof. Franks’ powerful piece on this here. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the big fat 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
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Apr 15, 2023 • 35min

Anti-Abortion Lawyers Love this Zombie Law

There’s a terrible legal Easter egg in Judge Matthew J. Kacsmaryk’s ruling on the abortion medication, Mifepristone. And that same Easter egg makes an appearance in the Fifth Circuit’s partial stay. It’s the Comstock Act - a mostly forgotten 19th century vice statute that is suddenly the anti-abortion movement’s favorite zombie legislation. On a special extra episode of Amicus, Dahlia Lithwick is joined by Mary Ziegler, an expert on the law, history, and politics of reproduction, health care, and conservatism in the United States from 1945 to the present. Together, they tackle the chaos upon chaos of the past week’s medication abortion cases, and take a long hard look at the next steps in the anti-abortion movement’s fight for a nationwide ban. In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to discuss the “quid pro Crow” of Justice Clarence Thomas’ real estate deals with GOP mega donor, and avid court-watcher, and amicus-brief-funder Harlan Crow. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Apr 8, 2023 • 1h 13min

Tennessee-Style Power Grabs are Coming to a State House Near You

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

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