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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. Get more Amicus with Slate Plus. Join to unlock weekly bonus episodes with exclusive legal analysis—plus ad-free listening across all your favorite Slate podcasts. 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. Preview: Trump Can Fire (Almost) Anyone Now

    −10 h ·  Bonusinnehåll

    Preview: Trump Can Fire (Almost) Anyone Now

    The end is nigh! Or, the end of this Supreme Court term is nigh, at least.   On the second to last day of this term, the court’s right wingers delivered a sweeping ruling that will reshape the federal government for years to come. In Trump v. Slaughter, the conservative supermajority voted 6-3 to allow the president to fire members of independent regulatory agencies—overturning Humphrey's Executor, a 91-year-old unanimous precedent—and handing Trump effective control over agencies that regulate consumer protection, nuclear energy, union activity, mine safety, and more. But the Roberts majority weren’t quite ready to hand the nation’s credit card (and their investment portfolios) over to the mad king, and so the Federal Reserve got a carve-out in a separate 5-4 ruling in Trump v. Cook. How did they reach these wildly different conclusions in such closely related cases? Justice Roberts offered a barely argued rationale, but who needs a rationale if your red lines are painted in a crimson of pure cynicism? The court also handed down a significant Fourth Amendment ruling on geofence warrants, with Justice Kagan writing for a 6-3 majority that such warrants constitute a "search" under the Fourth Amendment.  And in Watson v. Republican National Committee, the court upheld state laws allowing mail-in ballots postmarked by Election Day to be counted if they arrive shortly after. But the squeaker of a 5-4 majority was deeply alarming in a case that played to some of the justices’ fox-brained ideas about election fraud. Justice Alito and his fellow dissenters appear to have signed onto the wholly unsupported view that Democrat wins are always suspect, and the only way to restore trust in voting is to restrict voting. As Rick Hasen writes for Slate, we won’t be as lucky next time.  The term wraps this week and Amicus is with you all the way for clear-eyed analysis of the final raft of decisions. Slate Plus members can also sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business as part of our live online audience, July 10 at noon EDT. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) 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. Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

    9 min
  2. Extra: Trump Can Fire (Almost) Anyone Now

    −1 d ·  Bonusinnehåll • Endast för Slate Plus

    Extra: Trump Can Fire (Almost) Anyone Now

    The end is nigh! Or, the end of this Supreme Court term is nigh, at least. On the second to last day of this term, the court’s right wingers delivered a sweeping ruling that will reshape the federal government for years to come. In Trump v. Slaughter, the conservative supermajority voted 6-3 to allow the president to fire members of independent regulatory agencies—overturning Humphrey's Executor, a 91-year-old unanimous precedent—and handing Trump effective control over agencies that regulate consumer protection, nuclear energy, union activity, mine safety, and more. But the Roberts majority weren’t quite ready to hand the nation’s credit card (and their investment portfolios) over to the mad king, and so the Federal Reserve got a carve-out in a separate 5-4 ruling in Trump v. Cook. How did they reach these wildly different conclusions in such closely related cases? Justice Roberts offered a barely argued rationale, but who needs a rationale if your red lines are painted in a crimson of pure cynicism? The court also handed down a significant Fourth Amendment ruling on geofence warrants, with Justice Kagan writing for a 6-3 majority that such warrants constitute a "search" under the Fourth Amendment. And in Watson v. Republican National Committee, the court upheld state laws allowing mail-in ballots postmarked by Election Day to be counted if they arrive shortly after. But the squeaker of a 5-4 majority was deeply alarming in a case that played to some of the justices’ fox-brained ideas about election fraud. Justice Alito and his fellow dissenters appear to have signed onto the wholly unsupported view that Democrat wins are always suspect, and the only way to restore trust in voting is to restrict voting. As Rick Hasen writes for Slate, we won’t be as lucky next time. The term wraps this week and Amicus is with you all the way for clear-eyed analysis of the final raft of decisions. Slate Plus members can also sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business as part of our live online audience, July 10 at noon EDT. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) 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.

    28 min
  3. The Roberts Court Shows Its True Colors

    −2 d

    The Roberts Court Shows Its True Colors

    Donald Trump ran for office threatening to use mass deportations, closed borders, and emergency wartime powers to “clean up” American immigration. On Thursday, the Supreme Court’s right-wing supermajority gifted him with two stunning victories in that crusade—effectively reshaping life for more than a million people living in the country with temporary protected status, or TPS, and forcing asylum seekers to jump through increasingly impossible new hoops. Those decisions came on the heels of Tuesday’s chilling news for green card holders who might want to travel outside the United States in the form of Blanche v. Lau, where that same 6-3 majority ruled that border officers don't need clear and convincing evidence of a crime before throwing permanent residents into legal limbo. On today’s show: Dahlia Lithwick and Mark Joseph Stern talk with Andrea Flores, founder of Securing America’s Promise and a policy veteran of the White House, National Security Council, Department of Homeland Security, and the U.S. Senate. Together, they unpack the decisions that made this one of most consequential weeks for immigration law in recent memory. And they note the central theme emerging from SCOTUS’ right-wing supermajority in perfect symmetry with Trumpism: When MAGA does explicit racism, SCOTUS goes conveniently colorblind, as with Justice Alito’s refusal to find racial animus in Trump’s statements about Haitians. The episode closes with a look ahead to next week’s birthright citizenship ruling and why, whatever the outcome, it cannot be allowed to obscure what happened this week. The term will wrap next week and Amicus will bring you extra episodes and clear-eyed analysis of the final raft of decisions. Slate Plus members can also sign up for our special end-of-term conversation. Join Dahlia and Mark as they unpack this Supreme Court term with some of the smartest legal analysts in the business as part of our live online audience, July 10 at noon EDT. Slate Plus members will also have access to an exclusive Q&A with Dahlia and Mark. Submit your questions now to amicus@slate.com This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) 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. Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

    1 tim 9 min
  4. Guns, Weed, and the Forgotten Framers

    20 juni

    Guns, Weed, and the Forgotten Framers

    The Supreme Court handed down a unanimous ruling this week in United States v. Hemani, holding that a marijuana user cannot be stripped of his Second Amendment right to own a firearm simply because he sometimes uses cannabis. Justice Neil Gorsuch wrote the majority opinion, leaning heavily on the founders' own well-documented love of alcohol to argue that responsible substance use has never historically disqualified Americans from bearing arms. Dahlia Lithwick and Mark Joseph Stern unpack the ruling, note what it does not settle about the still-murky Bruen test, and reflect on how dramatically the justices’ posture toward marijuana has shifted since the "Bong Hits for Jesus" case they decided less than two decades ago. Then, Dahlia sits down with David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center, to discuss his forthcoming Stanford Law Review article, Forgotten Framers: Black Conventions and the Second Founding. Between 1864 and 1869, Black Americans gathered in more than fifty conventions in packed churches and meeting halls across the country to demand equal citizenship, voting rights, bodily autonomy, protection from racial violence, and access to education. These conventions molded the Reconstruction amendments in ways that originalist jurisprudence ignores. Gans explains how the Roberts court's colorblind reading of the Fourteenth and Fifteenth Amendments distorts this history by ignoring the explicitly race-conscious vision the conventions—and the amendments themselves—championed. He also explains how the Guarantee Clause, long a "sleeping giant," could still offer a constitutional path to combat partisan and racial gerrymandering after Calais and Milligan. Gans wrote about this facet of the history recently in Slate. This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) 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. Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

    1 tim 2 min
  5. Bonus: Supplanting the Will of the People

    14 juni ·  Bonusinnehåll • Endast för Slate Plus

    Bonus: Supplanting the Will of the People

    “A crock of sh*t” is how one grand juror described the Trump Justice Department’s case against the Broadview Six in newly released transcripts. Prosecutors dropped all charges against Chicago anti-ICE protestors a couple of months ago. Since then, a steady trickle of evidence of prosecutorial misconduct has turned into this week’s deluge in the form of the newly released grand jury transcripts. In this week’s bonus episode exclusively for Slate Plus members, Dahlia Lithwick and Mark Joseph Stern talk about the damning transcripts that reveal a Justice Department gone rogue. Next, they turn to this week at the Supreme Court and a decision in a case that might not have made headlines but is an excellent primer for how the Roberts majority sees itself in the American constitutional firmament: always at the top. Justice Ketanji Brown Jackson’s dissent makes clear that she has fully clocked this power grab and she is sounding the alarm. This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) 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.

    26 min
  6. A Huge Shift is Underway at SCOTUS

    13 juni

    A Huge Shift is Underway at SCOTUS

    The Second Reconstruction is being dismantled piece by piece, and this past month has seen that project attain terminal velocity. On this week’s Amicus podcast, Dahlia Lithwick talks with Stanford law professor and leading civil rights lawyer and scholar Pamela S Karlan, about a series of quick-fire moves from the high court and the Trump administration that, taken together, reveal a rapid disassembly of a series of hard-won civil rights laws in place for the past 50 years, known as the Second Reconstruction.  From SCOTUS decisions in Callais and Milligan, to a new memo from the Justice Department revisiting equal employment protections, the United States’ framework for multiracial democracy and minority participation in civic life is being swept away. This is about more than redistricting, primaries and polls, midterms and horse races. It’s a wholesale reshaping of what––and who––America is for.  This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) 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. Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our FAQ at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required. Hosted on Acast. See acast.com/privacy for more information.

    48 min

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A show about the law and the nine Supreme Court justices who interpret it for the rest of America. Get more Amicus with Slate Plus. Join to unlock weekly bonus episodes with exclusive legal analysis—plus ad-free listening across all your favorite Slate podcasts. 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.

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