Amicus With Dahlia Lithwick | Law, justice, and the courts Slate Podcasts
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A show about the law and the nine Supreme Court justices who interpret it for the rest of America.
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BONUS: January 6th Apologia, SCOTUS-Style
Get your tickets for Amicus Live in Washington DC here.
In today’s bonus episode only for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern welcome Justice Clarence Thomas back from his long weekend, with a close listen to the January 6th case that was argued before the court on Tuesday. Fischer v United States is raising more alarm bells about the conservative justices’ posture toward armed insurrection. They also dig into Justice Elena Kagan’s opinion in a potentially tricky TitleVII case that, miraculously for this court, went pretty well in terms of civil rights protections in the workplace.
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 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 to get access wherever you listen. -
Twelve Jurors and One Angry Ex-President
Get your tickets for Amicus Live in Washington DC here.
The first criminal trial of Donald Trump is finally here. This week, hundreds of possible jurors filed through Judge Juan Merchan’s courtroom in lower Manhattan. The selection process was a preview of some of the challenges and pitfalls in the first ever criminal trial of a sitting or former President. On this week’s show, Slate’s senior legal writer Mark Joseph Stern sits down with Slate jurisprudence editor and Chief Law of Trump™ correspondent Jeremy Stahl to discuss what we learned this week, and what we can expect when the trial truly gets underway next week.
In today’s bonus episode only for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern welcome Justice Clarence Thomas back from his long weekend, with a close listen to the January 6th case that was argued before the court on Tuesday. Fischer v United States is raising more alarm bells about the conservative justices’ posture toward armed insurrection. They also dig into Justice Elena Kagan’s opinion in a potentially tricky TitleVII case that, miraculously for this court, went pretty well in terms of civil rights protections in the workplace. Listen 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 to get access wherever you listen.
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BONUS: The Zombie Abortion Law Apocalypse Is Here
In today’s bonus episode only for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern discuss the outrageous ruling that creates (but really, revives) a de facto total ban on abortions in Arizona. They also explain why the EMTALA case from the show isn’t being talked about as much as the recent mifepristone case was.
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 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 to get access wherever you listen. -
The Jurisprudence of Bleeding Out
Get your tickets for Amicus Live in Washington DC on May 14th here.
We shouldn’t be surprised that we have to keep saying it, but here we are: the Supreme Court (notably trained as lawyers) will soon make decisions about how doctors (notably trained as doctors) can treat pregnant patients in the emergency room. Moyle v. United States - consolidated with Idaho v. United States - is the result of an Idaho lawsuit challenging EMTALA, a federal law requiring hospitals to do whatever they can to stabilize whoever comes through their ER doors with a medical emergency. Sometimes this requires abortion care, and for a faction of conservative advocates, this cannot stand.
Ahead of oral arguments the week after next, we wanted to get a sense of what healthcare looks like for pregnant women experiencing medical emergencies now, and how this case threatens to undermine that care in the future. This week, Dahlia Lithwick speaks with Dr. Dara Kass, an emergency medicine physician, about what EMTALA was built to do, what ER physicians are being asked to do, and what will happen should Idaho prevail in this case.
Later in the show, Slate’s Mark Joseph Stern joins to discuss the hullabaloo over when, if, and how Justice Sotomayor should be made to retire and the very gendered work of keeping SCOTUS from going off the rails (any more than it already has).
In today’s bonus episode only for Slate Plus members Dahlia and Mark discuss the outrageous ruling that creates (but really, revives) a de facto total ban on abortions in Arizona. They also explain why the EMTALA case from the show isn’t being talked about as much as the recent mifepristone case was. 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 to get access wherever you listen.
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BONUS: Florida Abortions, Racial Gerrymanders, Clarence Thomas’ Clerks
Dahlia Lithwick and Mark Joseph Stern kick off a separate Amicus Plus conversation for subscribers, discussing the recent rulings from Florida’s Supreme Court on abortion rights and legalizing marijuana. They also discuss the South Carolina redistricting case that’s still stuck somewhere between draft opinions at SCOTUS, despite being argued way back in October, and despite the fact that the delay has cost plaintiffs the opportunity for representation as the racial gerrymander in question slides into place for the 2024 election. Finally, they pull up a chair and help themselves to slice of frittata at brunch with the Thomases, to discuss the Crystal Clanton controversy: her clerking journey, her ties to Justice Clarence Thomas, and the ethical implications of all of it.
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 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 to get access wherever you listen. -
When Gag Orders Become Campaign-Performance Indicators
After weeks of the Trump trials (and the run-up to the Trump trials) becoming ever more engrossing spectator sports, both the public and the media may have lost sight of some of the stakes. They also may have lost sight of the truth of what the legal system can actually deliver in terms of protecting democracy from Donald J Trump.
On this week’s Amicus, Dahlia Lithwick is joined by Juliette Kayyem to dissect Trump's impact on legal, national security, and ideological fronts. Kayyem brings her national security expertise to discuss the evolution of Trump's tactics from stochastic terror to direct incitement. Together, they explore the implications for democracy of a presidential campaign where one candidate issues violent threats and tries to intimidate judges. Kayyem lays out in stark terms the kinds of focus and planning needed in the coming months.
Juliette Kayyem is a national security expert, Harvard lecturer, CNN analyst, Atlantic contributor, and author of 'The Devil Never Sleeps: Learning to Live in an Age of Disasters.' Avowedly not a lawyer, she approaches America’s political predicament using counter-terrorism approaches to Trump’s movement and preparations for the 2024 elections.
Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly bonus 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.
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