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

The hosts dive into the aftermath of the recent election, analyzing the implications of a potential Trump presidency. They discuss the complexities of voter behavior, especially regarding support for abortion rights despite backing Trump. There's a focus on the expected shifts in the executive branch, particularly the rise of loyalists and the risks to judicial independence. The conversation also touches on the importance of community resilience in the current sociopolitical climate, emphasizing compassion and inclusiveness amidst challenges.

This week’s show is unapologetically long, deep, and hopeful. Dahlia Lithwick is joined by Yale history professor Timothy Snyder to talk about his new book, On Freedom, and to have the audacity to re-imagine freedom on the precipice of an election that could turn the United States hard right into tyranny. Next, Dahlia is joined by Rick Hasen, Director of the Safeguarding Democracy Project at UCLA Law School, for a gut-check about how the election might go, legally speaking, and a reminder that “too early to call” is a pro-democracy posture on election night—even as the former guy almost certainly claims victory before the clock strikes midnight—regardless of the actual results. 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

Katherine Yon Ebright, a counsel in the Brennan Center’s Liberty and National Security Program, dives into the chilling revival of the Alien Enemies Act of 1798. She discusses how this historic law is being cited by Trump and right-wing groups to justify mass deportations and bypass due process. Ebright emphasizes the dangerous implications for civil liberties, the misuse of legal rhetoric, and the potential for a surveillance state. Her insights underscore the need for vigilance against the abuse of power that can stem from outdated legal frameworks.

You’re nervous. We’re nervous. As we stop for gas with almost two weeks to go before November 5th, we’re kicking the tires of American democracy to see if it’s roadworthy. On this week’s show, Dahlia Lithwick is joined by Matthew Seligman, one of the authors of How to Steal a Presidential Election, to examine the legal avenues available to Donald J Trump and his band of merry lawyers to subvert the presidential election. Seligman answers Amicus listeners’ most common election question: Can MAGA electors refuse to certify the election if they disagree with the outcome?Next, Dahlia talks to retired respected conservative federal judge J Michal Luttig, who is raising the alarm about the Supreme Court’s willful ignorance when it comes to defending democracy from Donald J Trump. Judge Luttig says part of the blame for the January 6th insurrection lies with the Supreme Court, and warns the court’s majority is poised to tip the scale for Trump this time around.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

Don Knight, a seasoned trial attorney specializing in death penalty cases, discusses his nearly decade-long representation of Richard Glossip, who has faced execution despite significant legal controversies. He reveals shocking allegations of prosecutorial misconduct, including perjury and withheld evidence, that raise fundamental questions about justice and fairness in America. The conversation also touches on systemic issues in the legal process and new evidence that could potentially exonerate Glossip, showcasing the urgent need for reform in the criminal justice system.

Sky Perryman, President and CEO of Democracy Forward, and Barbara Hausman-Smith, an attorney with a storied Supreme Court history, dive deep into the challenges facing democracy and civil rights. They reflect on past Supreme Court rulings and the new term's implications, including gun regulation and healthcare discrepancies. Hausman-Smith plans to revisit the Court in her original argument suit, while Perryman discusses legal strategies to combat the conservative legal landscape. Together, they emphasize civic engagement and the crucial role of women in advocating for democracy.

Justice Allison Riggs, a member of North Carolina's State Supreme Court and advocate for civil rights, joins the discussion on pressing voting issues. She sheds light on her re-election campaign and the broader implications of North Carolina’s court dynamics. The conversation dives into the impact of climate change on election logistics, especially in flood-prone areas. Additionally, they tackle the legal intricacies surrounding Robert F. Kennedy Jr.'s campaign and its ripple effects on voter rights and election laws.

In this engaging discussion, Eric Tirschwell, executive director and chief litigation counsel of Everytown Law, shares his expertise on the explosive topic of ghost guns—untraceable firearms that can be easily assembled at home. He and Mark Joseph Stern delve into the implications of the upcoming Supreme Court case, Garland v. VanDerStok, focusing on public safety concerns and how recent regulations have led to a decline in ghost gun-related crimes. The duo also uncovers the troubling influence of dark money in legal challenges against gun safety laws.

Linda Greenhouse, an influential legal journalist and former New York Times Supreme Court correspondent, joins to discuss Chief Justice John Roberts’ unexpected alignment with executive power in recent rulings. They explore the implications of leaks on public trust in the court and the Chief's struggles with backlash over his decisions. The discussion highlights the court's role in shaping upcoming elections and addresses the troubling consequences of the Dobbs decision, emphasizing the need for judicial integrity amidst growing scrutiny.

Jessica Valenti, a renowned author on abortion advocacy, and Lauren Brenzel, campaign director for the Yes on 4 initiative in Florida, delve into the challenges facing direct democracy in the wake of the Dobbs decision. They discuss the tactics used to stifle ballot initiatives aimed at protecting abortion rights, particularly in Florida. The conversation highlights issues of voter intimidation, misinformation, and a growing trend of undermining civic engagement in the fight for reproductive freedom, showcasing the resilience of grassroots movements.