Unlock weekly bonus eps + ad-free listening

$9.99/mo or $99.99/yr after trial

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? 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. Hosted on Acast. See acast.com/privacy for more information.

  1. 2D AGO

    Immigration Myths and Birthright Citizenship

    Next month, the Supreme Court will hear arguments in the birthright citizenship case, Trump v. Barbara. It’s still somewhat unbelievable that the high court will entertain arguments in favor of gutting an utterly clear constitutional commitment. Nonetheless, our motto on Amicus is “legal knowledge is power,” and in this case, historical understanding of legal knowledge … is power. On this week’s show, Dahlia Lithwick interviews constitutional and immigration scholar Anna O. Law about her forthcoming book, Migration and the Origins of American Citizenship. In preparation for a lot of very bad originalist takes, Lithwick and Law discuss how immigration actually worked in the colonial and pre-Civil War eras and why the framers of the Reconstruction Amendments (including the birthright citizenship clause of the 14th Amendment) meant exactly what they said and said exactly what they meant. Law also explains how and why Wong Kim Ark affirmed birthright citizenship for children of Chinese immigrants, and emphasizes that the words “subject to the jurisdiction” had narrow historical exceptions. Finally, a reminder that the framers of the 14th Amendment chose to constitutionalize citizenship rather than establish it in statute—in anticipation of exactly the situation America finds itself in today.  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. Hosted on Acast. See acast.com/privacy for more information.

    51 min
  2. FEB 28

    Yes, Supreme Court Decisions Really Matter

    “Not on the level” is how Donald Verrilli Jr. describes the Trump administration’s general, current Supreme Court practices. The former United States Solicitor General joins Dahlia Lithwick to discuss the ways this radical new posture is forcing judges to confront arguments and asserted powers previously seen as far beyond presidential authority, while still trying not to shift excessive power to courts by routinely declaring everything a pretext. They discuss whether Chief Justice John Roberts is at last signalling skepticism about Trump’s chaotic policymaking, whether the DOJ’s fluid relationship with facts is taking a toll on its credibility, and they debate the costs of delayed, splintered opinions in the major confrontation over executive power evident in the tariffs case. Don Verrilli also reflects on his deep and broad experience over decades of Supreme Court litigation, beginning with a clerkship for Justice Brennan in the 1980s, through his service in government under President Obama, to recent wins arguing before SCOTUS, to provide a truly clarifying perspective on the scale of the challenges facing the rule of law, and the “hard-nosed faith” required to overcome them.  And… introducing… Executive Dysfunction. A brand new newsletter from Slate’s jurisprudence team that surfaces under-the-radar stories about what Trump is doing to the law –– and how the law is pushing back. There’s always some story buried in court filings, hidden in regulatory fine print, happening in some courthouse you may not have heard of that actually matters. Every week, Executive Dysfunction will feature one story that cuts through it all, plus updates from the Slate Jurisprudence team. Go to slate.com/dysfunction to sign up. 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. Hosted on Acast. See acast.com/privacy for more information.

    59 min
  3. Bonus: Stephen Miller’s Racism Translator

    FEB 22 · BONUS • SLATE PLUS ONLY

    Bonus: Stephen Miller’s Racism Translator

    On this week’s extra serving of Amicus Plus, we’re offering a tasting menu of several different flavors of contempt from the Trump administration. First, Dahlia and Mark discuss the departure of Department of Homeland Security spokesperson Tricia McLaughlin and why losing her unique brand of candor might actually be bad for the many, many pending court cases challenging DHS’s lawless rampage. Next, they discuss the DOJ lawyer who actually and for reals was held in civil contempt by a Minnesota judge. And one more scoop of contempt came up this week when a New Jersey judge ordered DOJ lawyers to investigate their own compliance with court orders. And guess what? So, so many violations! Also in “law is for suckers” land, a secret DHS policy memo surfaced by our friend, Lawdork Chris Geidner, rewrites a decades-old statute to create an infinite loop of misery in detention for lawful refugees. Finally, a little bit of stock-trading SCOTUS scuttlebutt as we hear the justices will now be using robo-recusal software to automatically flag whether they really ought to step away from a case because of, you know, a big personal conflict of interest (with many zeros after it). This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also 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.

    23 min

Shows with Subscription Benefits

Unlock weekly bonus eps + ad-free listening

$9.99/mo or $99.99/yr after trial

4.6
out of 5
3,327 Ratings

About

A show about the law and the nine Supreme Court justices who interpret it for the rest of 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. Hosted on Acast. See acast.com/privacy for more information.

More From Slate Podcasts

You Might Also Like