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February 26, 2020
Brendan Nyhan is a political science professor at Dartmouth College who focuses on misinformation and so-called fake news. His views on how fake news affects election outcomes might surprise you.  Try Slate Plus free: slate.com/amicusplus Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
February 22, 2020
In the fifth and final part of this special series of Amicus, Dahlia Lithwick is joined live on stage in Washington by former Florida gubernatorial candidate Andrew Gillum, MacArthur fellow Professor Danielle Citron of Boston University law school, director of the ACLU’s voting-rights initiative Dale Ho, and election law professor Rick Hasen of the University of California, Irvine. Together, they pick themselves up from the rug of despair with a pile of can-do fixes for the stress points threatening the integrity of U.S. elections.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
February 15, 2020
In the fourth part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen and Professor Carol Anderson, Charles Howard Candler Professor of African American Studies at Emory University and author of  One Person, No Vote: How Voter Suppression is Destroying Our Democracy. Together, they try to sort through the rhetoric and the reality of “stolen” elections.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
February 8, 2020
In the third part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to unpack the bag of dirty tricks that may be deployed in 2020’s election, and to examine the debris of the Iowa caucus debacle to find clues to what’s coming.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
February 2, 2020
In the second part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to take a close look at what happened with Michigan’s failed recounts in 2016, exploring how small mistakes can cause big problems in elections, and why democratic areas seem much more prone to incompetence in election administration.  Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
February 1, 2020
Dahlia Lithwick is joined by Barbara McQuade, professor of law at the University of Michigan and former U.S attorney for the Eastern District of Michigan, to explore the ramifications of the last two weeks in the Senate.  Join us for a live show on Feb. 19 in Washington.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
January 25, 2020
Despite winning the Electoral College vote in 2016, President Donald Trump still claimed widespread voter fraud had robbed him of millions of votes. In the first part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to explore how those claims bolstered voter suppression and now threaten the integrity of the 2020 election. Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus.  Join Slate for the Election Meltdown live show on Feb. 19 in Washington.  Learn more about your ad choices. Visit megaphone.fm/adchoices
January 18, 2020
Dahlia Lithwick is joined by Neil Eggleston, White House Counsel during the last three years of the Obama Administration. He also represented the Office of the President in privilege litigation against the Starr Independent Counsel’s Office during the President Clinton Whitewater/Lewinsky investigation. Together, they take a close look at the lawyers surrounding the president, and at the legal strategies in play as the impeachment process moves into its trial phase. Join us for a live show on February 19th in Washington DC: https://slate.com/live/amicus-live-w-dahlia-lithwick-andrew-gillum-and-more.html Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
January 7, 2020
In a conversation taped live at the Aspen Institute, Dahlia Lithwick speaks to former acting solicitor general of the United States Neal Katyal about impeachment, and how he approaches is it as an “extremist centrist.” Katyal’s book, co-written with Sam Koppelman, Impeach: The Case Against Donald Trump, is out now. This is a preview of a Slate Plus episode. To hear the episode in full, sign up for Slate Plus. Come see Dahlia Lithwick chatting with Andrew Gillum, Rick Hasen, and other guests live at the Hamilton in Washington, D.C., on Feb. 19. Podcast produced by Sara Burningham. Stay in touch: amicus@slate.com, or find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
January 4, 2020
Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to discuss Chief Justice John Roberts’ New Year’s resolutions on the judiciary, impeachment, and this Supreme Court term. Stern’s book American Justice 2019: The Roberts Court Arrives is out now.  Podcast produced by Sara Burningham. Stay in touch: amicus@slate.com Find us on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
December 21, 2019
Dahlia Lithwick is joined by three women using their legal experience to advocate for people trying to navigate the ever-changing, labyrinthine process of claiming asylum in the United States. It’s tough work, and they are volunteering in the face of mounting obstacles. Liz Willis and Dennise Moreno are from ASAP , and Kristin Clarens is with Project Adelante. Next, Dahlia talks to Susan Hennessy of Lawfare to understand the intertwined significance of impeachment, the Mueller Report, and the Department of Justice inspector general’s report.  Send in your questions for our Roberts Court special episode with Mark Joseph Stern on Jan. 4. Submit questions by Jan. 1 to amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
December 18, 2019
If you have any school-aged children in your life, you know that lockdown and active shooter drills have become a routine part of their school experience. These drills now take place in 95 percent of American schools. What you’re about to hear is a collaboration between Slate and The Trace, a nonprofit newsroom covering gun violence in the United States. It’s an audio project featuring firsthand accounts from kids of all ages about what it’s like to go through these drills. We hear a lot about school shootings, but we’re only starting to have a larger conversation about how they affect even those kids who may never go through one.  You can hear more from the students at slate.com/lockdown. Learn more about your ad choices. Visit megaphone.fm/adchoices
December 7, 2019
Dahlia Lithwick is joined by Kate Shaw, a professor of law at Cardozo Law School and the co-director of the Floersheimer Center for Constitutional Democracy. They talk about presidential speech, impeachment, and why figuring out what happens next involves taking a close look at what happened in 1868. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
November 28, 2019
A special bonus live episode from the National Constitution Center. Dahlia Lithwick in conversation with Jeffrey Rosen about his new book Conversations With RBG: Ruth Bader Ginsberg on Life, Love, Liberty, and Law.  Podcast production by Sara Burningham, with thanks to the National Constitution Center. Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Learn more about your ad choices. Visit megaphone.fm/adchoices
November 23, 2019
Dahlia Lithwick wants to know what’s next in the impeachment process, so she asks Professor Michael Gerhardt, an expert on constitutional law and the relationship between congress and the president. Then, former Secretary of the Department of Homeland Security Janet Napolitano takes us through the details of the DACA arguments at the SCOTUS. Napolitano rolled out DACA under President Obama and is now suing the federal government for rescinding it on behalf of thousands of students at the University of California, where she is now president. Learn more about your ad choices. Visit megaphone.fm/adchoices
November 16, 2019
Recorded at the Miami Book Fair, in partnership with the Reporters Committee for the Freedom of the Press. Dahlia Lithwick is joined by Laura Moscoso from the Centro de Periodismo Investigativo in Puerto Rico; Norah Gamez-Torres, who covers Cuba for the Nuevo Herald and the MIami Herald; and Emily Michot from the Miami Herald, who worked with Julie K. Brown to break the Jeffrey Epstein story. This fascinating discussion serves as a timely reminder of the centrality of journalism to the health of our democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices
November 9, 2019
Dahlia Lithwick calls former prosecutor Mimi Rocah for an answer to a question Amicus listeners often ask. She then asks Sen.Sheldon Whitehouse, D-Rhode Island, if all hope is lost for the federal judiciary. Finally, she revisits emoluments with Deepak Gupta and pulls on threads that extend right into the impeachment investigation.  Learn more about your ad choices. Visit megaphone.fm/adchoices
October 29, 2019
Dahlia Lithwick is joined by Rep. Jim Himes of Connecticut, who sits on the House Intelligence Committee, to talk about the role of intelligence and counterintelligence in the Mueller probe, the impeachment inquiry, and the damage deep state fever dreams could do to law enforcement and oversight. Learn more about your ad choices. Visit megaphone.fm/adchoices
October 26, 2019
Dahlia Lithwick is joined by Stuart Gerson of the conservative legal group Checks and Balances to talk about developments in the border-wall case he helped bring in El Paso, Texas; the view of impeachment from concerned conservatives; and the latest escalation in the Department of Justice’s investigation into the origins of the Russia investigation. Then Cyrus Habib, lieutenant governor of Washington state (and owner of the most impressive résumé of any guest ever on the show) shares a refreshingly optimistic take on the law and politics.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
October 12, 2019
Dahlia Lithwick is joined by all-star SCOTUS experts to walk us through this week’s biggest legal and constitutional developments. First, Laurence Tribe answers the questions Amicus listeners have been asking about the next steps in the impeachment process. Next, Pamela Karlan takes us inside the chamber for Tuesday’s oral arguments in a trio of Title VII cases at the high court. Learn more about your ad choices. Visit megaphone.fm/adchoices
October 5, 2019
Dahlia Lithwick is joined by Dean Erwin Chemerinsky of the University of California, Berkeley School of Law, who explains the biggest cases facing the Supreme Court this term. Then Nancy Northup, president and CEO of the Center for Reproductive Rights, explains why the justices have decided to take up June Medical Services v Gee, the first big abortion case of the Kavanaugh era. Learn more about your ad choices. Visit megaphone.fm/adchoices
September 28, 2019
Dahlia Lithwick is joined by Walter Dellinger to discuss impeachment, and the role of White House lawyers in “Ukraine-gate”.And James Zirin, author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits , breaks down the President’shistory of weaponizing the law while trampling legal norms.donorschoose.org/AMICUSPodcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
September 14, 2019
Dahlia Lithwick is joined by Professor Sonja West of the University of Georgia School of Law and Professor Jamal Greene of Columbia Law School, both former clerks to Supreme Court Justice John Paul Stevens. They discuss his life, legacy, and the lessons they learned from the late justice. donorschoose.org/AMICUSPodcast production by Sara Burningham.Follow Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/Learn more about your ad choices. Visit megaphone.fm/adchoices
August 31, 2019
Dahlia Lithwick is joined by Julian Mortenson, Professor of Law at the University of Michigan to discuss his work to re-frame the conversation around “the executive power”. His paper, “Article II Vests Executive Power, Not The Royal Prerogative” traces the constitutional history of the three words that have grown to encompass so much. Learn more about your ad choices. Visit megaphone.fm/adchoices
August 17, 2019
Dahlia Lithwick is joined by Rebecca Sandefur, who turns a sociologist’s eye to civil justice. Civil justice problems can lead to bankruptcy, homelessness, illness, family separation and poverty, but Sandefur says what makes it to the courts is just the “tip of the civil justice iceberg”. Learn more about your ad choices. Visit megaphone.fm/adchoices
August 3, 2019
Dahlia Lithwick is joined by Michele Goodwin, Chancellor’s Professor of Law at the University of California, Irvine, for a wide reaching conversation about race and gender and the stories America tells itself so it can sleep at night. Starting with Trump’s tweets about Baltimore, Professor Goodwin offers an expert survey of centuries of racist and sexist narratives in the legal system and the country at large. This week’s show also features excerpts from a live discussion Dahlia moderated at the 92 St Y with Heidi Shreck (What the Constitution Means to Me) and Professor Laurence Tribe (Harvard Law School). Podcast production by Sara BurninghamSlate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/Learn more about your ad choices. Visit megaphone.fm/adchoices
July 20, 2019
In a week marked by rising rancor, when racist rhetoric ricocheted out of the president’s twitter feed and into a chanting crowd at his reelection rally, the end of an era almost slid under the radar. Dahlia Lithwick reflects on the passing of Justice John Paul Stevens, and the more than symbolic shift from his jurisprudence, his character, to our current state of affairs at the high court and beyond. You can read more here. And Dahlia is joined by Professor Mary Anne Franks of the University of Miami Law School to talk about her book, “The Cult of the Constitution”, how growing up among christian fundamentalists helped her write a book about constitutional extremists, and why there’s still hope for America’s faulty founding document. Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now. Learn more about your ad choices. Visit megaphone.fm/adchoices
July 6, 2019
Dahlia Lithwick is joined by Frank Bowman, author of the upcoming book High Crimes and Misdemeanors, A History of Impeachment for the Age of Trump about the big question: Impeachment, its historical precedent, constitutional roots, and present day predicaments. Learn more about your ad choices. Visit megaphone.fm/adchoices
June 29, 2019
A round table round-up of the 2018 Supreme Court term with Dahlia Lithwick, Slate’s Mark Joseph Stern, Professor Pam Karlan of Stanford and Professor Leah Litman of the University of Michigan Law School. Analysis of the census case, the gerrymandering cases, and the down-docket items you might have missed, but whose repercussions you won’t. Learn more about your ad choices. Visit megaphone.fm/adchoices
June 28, 2019
Dahlia Lithwick joins Trumpcast as a special guest co-host for an intimate conversation with journalist E. Jean Carroll, author of "What Do We Need Men For."Learn more about your ad choices. Visit megaphone.fm/adchoices
June 22, 2019
A flurry of decisions this week, but few big-ticket items. Mark Joseph Stern takes us through the opinions and dissents in Flowers v Mississippi, Gundy v United States and American Legion v American Humanist Association. Dahlia Lithwick is also joined by Jed Shugerman and Andrew Kent of Fordham University Law School, two of the authors of the Harvard Law Review article, Faithful Execution and Article II, which examines whether the constitution holds the President to some higher standard than just not doing crimes.Learn more about your ad choices. Visit megaphone.fm/adchoices
June 8, 2019
When Justice Clarence Thomas wrote a 20 page concurrence to the Indiana abortion law case last week, Adam Cohen’s phone started blowing up. In making an argument linking abortion rights to eugenics, Justice Thomas repeatedly cited Cohen’s book, Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck Adam Cohen joins Dahlia Lithwick to explore the history of eugenics in the U.S. and to examine Justice Thomas’ motives and logic for bringing the argument into the abortion debate. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 25, 2019
A swathe of draconian abortion laws have been passed by states around the country in the past few weeks, but Alabama outdid them all. Legislators there are clearly hoping Justice Kavanagh will nullify Roe v Wade with a stroke of a pen, but there are quite a few other factors at play here and this week Dahlia Lithwick is joined by just the right women to explore those factors. Professor of Law Melissa Murray of NYU discusses the history and significance of Roe, and CNN legal analyst Joan Biskupic, who also authored the new book “The Chief, the Life and Turbulent times of Chief Justice John Roberts”, joins Dahlia to dissect Roberts’ record and reservations when it comes to reproductive rights. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 11, 2019
Judges are at the center of every conversation on Amicus, but never as guests on the show. Until today. Dahlia Lithwick has a wide-ranging and illuminating conversation with Robert Lasnik, Senior United States District Judge of the United States District Court for the Western District of Washington. Judge Lasnik answers questions about how cases are selected, where the judiciary has fallen short in response to #metoo, whether justices should hit back against criticism or maintain a lofty silence, and why Bob Dylan looms large in his courtroom (more details in this 2011 LA Times article).Learn more about your ad choices. Visit megaphone.fm/adchoices
April 27, 2019
Mark Joseph Stern guest hosts and digs into two cases in the Supreme Court this week. First, the court’s questioning if Title VII of the Civil Rights Act extends to LGBTQ protections. Then, the addition of the citizenship question on the 2020 census. Finally, Dahlia interviews Richard Rothestein, author of “The Color of Law”, about the history of residential segregation. Podcast Production by Danielle HewittLearn more about your ad choices. Visit megaphone.fm/adchoices
April 18, 2019
Dahlia Lithwick is joined by former department of Justice spokesperson Matt Miller and Fordham Law Professor Jed Shugerman for a read of the (redacted) Mueller report. Learn more about your ad choices. Visit megaphone.fm/adchoices
April 13, 2019
Dahlia Lithwick is joined by Harvard Law School Professor Carol Steiker, co-author of Courting Death: The Supreme Court and Capital Punishment to explore recent death penalty cases before the Supreme Court and why the 8th amendment has raised tensions among the justices.This episode is brought to you by The Great Courses Plus. Get your free trial, plus 50% off your monthly plan at TheGreatCoursesPlus.com/Amicus.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 30, 2019
Dahlia Lithwick and Mark Joseph Stern unpack the arguments in the North Carolina and Maryland gerrymander cases heard by the Supreme Court this week, and Aaron Belkin of advocacy group Pack the Courts tells us why packing the courts is becoming a serious topic in the Democratic presidential race. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 16, 2019
Dahlia Lithwick pans back this week to assess what’s holding and what’s buckling in terms of norms and institutions, two years and change into the Trump presidency. She’s joined by Ian Bassin of Protect Democracy, a new kind of litigation shop looking at global trends toward authoritarianism and trying to resist those trends in the United States.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 2, 2019
Dahlia Lithwick is joined by conservative lawyer Stuart Gerson and finds common ground over the President’s declaration of a national emergency so he can build the wall. And Leah Litman helps us take a lawyerly look at Michael Cohen’s testimony before congress this week. This episode is brought to you by The Great Courses Plus. For one month free, go to thegreatcoursesplus.com/AMICUS.Learn more about your ad choices. Visit megaphone.fm/adchoices
February 16, 2019
This episode is brought to you by Simplisafe. Start protecting your home today at simplisafe.com/amicus.Dahlia Lithwick is joined by Dean Risa Goluboff and Vice-Dean Leslie Kenrick of the University of Virginia School of Law. Together, they tackle issues of race in government, gender in the law, plus religion and reproductive rights in the court.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
February 9, 2019
Predictive policing technology is spreading across the country, and Los Angeles is the epicenter. A small group of LA activists are in a lopsided campaign against billions of dollars in city, federal, and Silicon Valley money using algorithms to predict where and when the next crime is going to occur, and even who the perpetrators are going to be. Today, AMICUS is here to introduce you to Hi-Phi Nation, a new podcast from Slate. In this episode, host Barry Lam embeds with the Stop LAPD Spying coalition for a week in Skid Row and investigates how state-of-the-art predictive policing programs work. He then talks to sociologists and philosophers about how big data is changing the relationship between police and the communities they serve. We then turn to the justice of using statistical predictions for the purposes of profiling and police intervention. This is part 1 of 2 on the use of statistical algorithms in criminal justice. Guest voices include the LAPD police commissioners, Hamid Khan, Jamie Garcia, Sarah Brayne, Flora Salim, and Renee Bolinger.This episode is brought to you by Care/Of. For 50% off your first month of personalized Care/of vitamins, go to TakeCareOf.com and enter promo code HIPHI50 at check out. Learn more about your ad choices. Visit megaphone.fm/adchoices
February 2, 2019
Dahlia Lithwick is joined by Sharon McGowan, legal director of Lambda Legal, to discuss how they’re fighting the trans ban following SCOTUS decision to lift the injunctions on the policy going into action. Also, Dahlia gets the latest on the Mueller investigation from Joyce White Vance, former US attorney in the Northern District of Alabama, including why Mueller didn’t charge Roger Stone with conspiracy. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
January 19, 2019
UPDATE: On the evening Friday January 18th, after production of this episode of Amicus had wrapped, special counsel spokesman Peter Carr issued the following statement: "BuzzFeed’s description of specific statements to the Special Counsel’s Office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s Congressional testimony are not accurate.” Ben Smith, editor-in-chief of Buzzfeed News says the publication stands by its reporting.Dahlia Lithwick is joined by Asha Rangappa, a former FBI special agent specializing in counterintelligence investigations and now a senior lecturer at Yale University’s Jackson Institute for Global Affairs. Together, they unpack the counterintelligence angle of the Mueller probe.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.This episode is brought to you by the following advertisers: Simplisafe, start protecting your home today at simplisafe.com/AMICUS.The Great Courses Plus, for 50% off your first three months, go to thegreatcoursesplus.com/AMICUS.Learn more about your ad choices. Visit megaphone.fm/adchoices
January 11, 2019
What would a national emergency look like, and why hasn't Trump declared one yet? Dahlia Lithwick has answers and joins What Next, Slate's new daily news podcast, Plus: Was it weird that Ruth Bader Ginsburg wasn't at work this week?Tell us what you think by leaving a review on Apple Podcasts or sending an email to whatnext@slate.com. Follow us on Instagram for updates on the show.Podcast production by Mary Wilson and Jayson De Leon. Subscribe to What Next on Apple Podcasts, or wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices
January 5, 2019
Dahlia Lithwick is joined by Joan Biskupic, CNN legal analyst and author of the upcoming book The Chief: The Life and Turbulent Times of Chief Justice John Roberts, to unpack John Roberts’ State of the Judiciary address, and to examine the state of the Chief Justice.Learn more about your ad choices. Visit megaphone.fm/adchoices
December 22, 2018
Before news of Justice Ruth Bader Ginsburg’s lung surgery broke, Dahlia Lithwick sat down for a revealing conversation with the screenwriter Daniel Stiepelman about the RBG biopic he penned, On The Basis of Sex. Stiepelman also happens to be Justice Ginsburg’s nephew, and this episode offers an insider’s view of the most well-known, but not always fully understood, justice on the court. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
December 8, 2018
*This week's show was recorded before Friday's filings concerning Paul Manafort and Michael Cohen, but the merits of the discussion stand. Mimi Rocah, a former federal prosecutor in the Southern District of New York, now a Criminal Justice Fellow at Pace Law School draws out the themes of the Mueller investigation. Plus Dahlia Lithwick is joined by Riyaz Kanji, an attorney for the Creek Nation, to explore the fascinating questions and disgraceful history involved in Carpenter v Murphy, a case argued by Kanji before the Supreme Court last week. The case started with a murder and now involves questions of sovereignty over 3 million acres in Oklahoma. Learn more about your ad choices. Visit megaphone.fm/adchoices
November 24, 2018
Dahlia Lithwick is joined by Ted Boutrous, who represented CNN and Jim Acosta in their case against the White House. Jim Acosta’s “hard pass” or permanent press pass, was revoked by the Trump administration after Acosta clashed with the President at a November 7th news conference. Dahlia Lithwick and Ted Boutros examine questions of due process and free speech thrown up by the case. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Learn more about your ad choices. Visit megaphone.fm/adchoices
November 10, 2018
Dahlia Lithwick is joined by Neal Katyal, former acting Solicitor General under President Barack Obama and co-author of this op-ed in The New York Times. Also on Amicus this week, Dale Ho, director of the ACLU’s voting rights project on why their current litigation over the 2020 census is so crucial, and concerning.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
November 3, 2018
Dahlia Lithwick and her son Coby talk to Rabbi Chuck Diamond about the deadly shooting at the Tree of Life synagogue in Pittsburgh. Diamond was the rabbi at Tree of Life for seven years and originally met Dahlia when she was 10 years old. The three of them discuss the generosity of the Squirrel Hill community, the healing process over the past week, and how to talk to kids about the tragedy. Learn more about your ad choices. Visit megaphone.fm/adchoices
October 27, 2018
Dahlia Lithwick talks with Slate’s own Mark Joseph Stern about what to look out for this term. Professor of law and political science at UC Irvine, Rick Hasen discusses how free and fair the midterm elections will be in light of recent Supreme Court rulings on voting rights. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
October 22, 2018
The courtroom can be a battlefield over money, people’s rights, and even their lives. For some cases, the consequences can affect us long after the verdict is read. Based on extensive interviews and court transcripts, Wondery’s new podcast LEGAL WARS puts you inside the jury box of some of the most famous court cases in American history. Subscribe to Legal Wars today at wondery.fm/amicusLearn more about your ad choices. Visit megaphone.fm/adchoices
October 13, 2018
Dahlia Lithwick talks with Senator Jeff Merkley of Oregon about the “deep wounds” in the senate following Justice Kavanaugh’s confirmation. And she’s joined by Vox’s Matthew Yglesias who brings his nihilism about the institution of the Supreme Court to the show. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
October 1, 2018
In a special episode recorded live at Slate Day during Tribfest in Austin, Dahlia Lithwick is joined by Angela Onwuachi-Willig, Dean of Boston University Law School, Cristina Rodriguez, Leighton Homer Surbeck professor of law at Yale Law School, Stephen Vladeck, A. Dalton Cross professor of law at the University of Texas Law School and Adam White, director of the Center for the Study of the Administrative State at George Mason University’s Antonin Scalia Law School for a deep dive on the fallout from the Kavanaugh hearings and the future of the Supreme Court absent a swing justice. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
September 29, 2018
This week Dahlia Lithwick looks at freedom of the press through the lens of legal scholarship. Lithwick is joined by Professor Lisa Sun of Brigham Young University’s J. Reuben Clark Law School and RonNell Andersen Jones, the Lee E. Teitelbaum Chair & Professor of Law, S.J. Quinney College of Law, University of Utah Law School. Their article “Enemy Construction and the Press” was published in the Arizona State Law Journal last year.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
September 24, 2018
Join Dahlia Lithwick for a conversation on the Supreme Court with Angela Onwuachi-Willig, dean and professor of law at Boston University; Cristina Rodríguez, a professor of law at Yale University; Stephen Vladeck, professor of law at the University of Texas, and Adam White, director of the Center for the Study of Administration at George Mason University. Get your tickets here. Learn more about your ad choices. Visit megaphone.fm/adchoices
September 20, 2018
In an intimate conversation, three educators who survived school shootings talk to Slate’s Dahlia Lithwick about the trauma of going back to the classroom. For a transcript, visit Slate.com/TeacherPodcastLearn more about your ad choices. Visit megaphone.fm/adchoices
September 15, 2018
Dahlia Lithwick is joined by Professor Melissa Murray of NYU Law School, who gave blistering testimony at the Kavanaugh confirmation hearings last week. They talk Roe v Wade, when precedent counts and when it doesn’t, and what the likely confirmation of Kavanaugh to the Supreme Courts means for reproductive rights writ large. Plus, Dahlia Lithwick shares highlights from an on-stage conversation between her and Justice Elena Kagan this past week, where they covered division in the court and in the country, how Chief Justice Roberts steers the court through choppy waters, and civility.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
September 1, 2018
Student activism is back in America’s schools. Young people mobilizing around gun safety and social justice issues are heading back to school. We talk to Mary Beth Tinker, who took her fight for the right to protest at school all the way to the Supreme Court back in 1969. And we hear from noted First Amendment scholar Geoffrey R. Stone of the University of Chicago Law School, who tells us what rights students have to raise their voices—or wear t-shirt slogans—in schools today. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Learn more about your ad choices. Visit megaphone.fm/adchoices
August 18, 2018
You Don’t Own Meis Orly Lobel’s fascinating examination of a landmark legal battle between plastic dolls. The Mattel v MGA, Barbie v Bratz case exposed questions about gender, culture and rights in the workplace. This episode of Amicus takes you inside a case involving corporate espionage, intellectual property, and icons of American girlhood.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
August 4, 2018
Amicus’ summer of exploring great legal writing continues this week with Jeff Rosen, whose biography of William Howard Taft reveals a president who was scrupulous in observing constitutional boundaries, and much happier on the bench than in the White House. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Learn more about your ad choices. Visit megaphone.fm/adchoices
July 21, 2018
In the first of a series of deep dives into great legal reads this summer, Dahlia Lithwick talks with Rick Hasen, author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption” about civil discourse, rock star justices, and what Justice Scalia would have thought of President Trump. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
July 7, 2018
This week Dahlia LIthwick talks with Sen. Sheldon Whitehouse, a Democratic senator from Rhode Island, about what we can expect over the next several months as Donald Trump nominates a new associate justice to the Supreme Court. He talks about why Democrats must care more about the Supreme Court, the danger of dark money, and the frustration of confirmation hearings.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by June Thomas.Learn more about your ad choices. Visit megaphone.fm/adchoices
June 30, 2018
The Supreme Court’s 2017 term ended with some blockbuster opinions and, most dramatically, Justice Anthony Kennedy’s retirement announcement. On a special edition of Amicus, Dahlia Lithwick is joined by Slate legal writer Mark Joseph Stern and University of California, Irvine, law professor Leah Litman to discuss what it all means. Yes, it's a Supreme Court Breakfast Table without a Breakfast Table!Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by June Thomas.Learn more about your ad choices. Visit megaphone.fm/adchoices
June 23, 2018
Dahlia Lithwick takes a close look at the two big voting rights cases decided by the Supreme Court earlier this week with Paul Smith who argued for the plaintiffs in the Wisconsin political gerrymander case Gill v. Whitford. On Monday, the court sent Gill back to the lower courts based on the theory that the plaintiffs had no standing. In the other case, Benisek v Lamone, which involved a Maryland gerrymander, the Justices delivered an unsigned opinion sending Benisek back saying it was too soon to decide. And we take a look at the implications of the court’s earlier decision on Ohio voter purges, a case that was also argued by Paul Smith.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
June 13, 2018
Dahlia Lithwick moderates a discussion of civil rights and legal norms in the Trump era with the ACLU’s David Cole, president and CEO of the Leadership Conference on Civil and Human Rights, Vanita Gupta, former White House chief ethics counsel under President George W Bush, Richard Painter, and former US attorney for the Northern District of Alabama, Joyce White Vance.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
June 9, 2018
An epic Amicus this week, with a thorough analysis of Masterpiece Cakeshop v Colorado Civil Rights Commission with Slate’s Mark Joseph Stern. What does is tell us about Justice Anthony Kennedy’s plans, and can it tell us anything about the travel ban case? Then Dahlia Lithwick speaks with one of her heroes, the Rev. William Barber, about how progressives ceded the language of faith, morality,  and the Constitution—and how they are reclaiming it. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
May 26, 2018
While President Trump demands an investigation into the investigators investigating the investigation, the clamour to impeach grows ever more fervent in some quarters. Dahlia Lithwick explores the legal and constitutional questions surrounding impeachment with constitutional scholar and Harvard Law Professor Laurence Tribe, co-author of To End a Presidency - The Power of ImpeachmentPlease let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
May 12, 2018
As the ripples from New York State Attorney General Eric Schneiderman’s resignation after allegations of violence against women continue, Massachusetts Attorney General Maura Healey joins Dahlia Lithwick to discuss the role of State Attorneys General and how that’s changing under Trump. Attorney General Healey also talks about fighting—and winning against—the gun lobby in court. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
April 27, 2018
This week Amicus takes you inside the chamber for a forensic discussion of the last, and possibly the most significant, oral arguments of this Supreme Court term. Dahlia Lithwick is joined by Josh Geltzer, executive director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center and former senior director for counterterrorism at the National Security Council. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
April 14, 2018
It seems as though a slow motion constitutional crisis may be upon us. In this episode of Amicus, Dahlia Lithwick is joined by Lawfare blog editor and senior fellow at the Brookings Institution, Ben Wittes, to assess the threats to the rule of law posed by presidential pique, and whether fired FBI director James Comey’s book could be used as a pretext for ending the Mueller probe. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 31, 2018
On this week’s show, Dahlia Lithwick is joined by Priscilla Smith, director of the Program for the Study of Reproductive Justice at Yale Law School, to unpack the oral arguments in NIFLA v Becerra, the latest case on the calendar that seems to be about one thing but is being argued under the all-encompassing umbrella of speech. Dahlia also speaks with Walter Dellinger, former acting solicitor general, about why President Donald Trump can’t get a lawyer. Spoiler: It’s because he lies. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 17, 2018
This week Dahlia Lithwick calls on white-collar-crime specialist Jennifer Taub to follow the money in the Mueller investigation. She also speaks with Bob Bauer, a former White House counsel under President Barack Obama, about the relationship between presidents and their lawyers, and between this president and his lawyers. Bauer discusses when professional duty can stray into enabling, a question facing Trump’s personal and institutional lawyers as cases involving the president accumulate. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 3, 2018
On this week’s show, Dahlia Lithwick is joined by UCLA Law Professor Adam Winkler to talk about his new book We the Corporations: How American Businesses Won Their Civil Rights. Together, they also examine what the constitutionalizing of corporate rights can tell us about the current gun debate. And Dahlia steps inside the chamber for oral arguments in the hugely significant public sector union case we previewed last show. She is joined by the Solicitor General of Illinois, David Franklin, who argued the case. There were explosive contributions from the justices on the bench, but notable silence from the court’s newest member, Justice Neil M Gorsuch. Please fill out the Slate podcast survey at slate.com/podcastsurveyPlease let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara BurninghamLearn more about your ad choices. Visit megaphone.fm/adchoices
February 17, 2018
In this week’s episode, Professor Leah Litman joins Dahlia Lithwick to tune into Justice Ruth Bader Ginsburg’s comments on #MeToo and due process. And for a full background check on the sexy-sounding Janus v. AFSCME case, which potentially poses an existential threat to public sector unions, Dahlia is joined by Professor Catherine Fisk of the U.C. Berkeley School of Law, who wrote about the case for SCOTUSblog.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
February 3, 2018
This week the high court is on its winter break, but the team here at Amicus wanted to talk about DACA, the travel ban, and issues around immigrants, refugees, and the law. We talk Americanism. Who is American and how? What do the courts have to say about who can be here and who cannot? What role do the courts play in figuring out who belongs here and who doesn’t? To tackle these thorny and sometimes super-wonky questions, Dahlia Lithwick is joined by Stephen Vladeck who teaches law at the University of Texas. Vladeck’s teaching and research focus on federal jurisdiction, constitutional law, and national security law. He’s CNN's Supreme Court analyst, co-editor in-chief of the Just Security blog, and a senior contributor to the Lawfare blog. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
January 20, 2018
We’re inside the chamber for the high-profile case involving a death row inmate from Louisiana who’s asking for a new trial after his lawyer told the jury his client was guilty, despite the client’s insistence that he was innocent. Jay Schweikert, a policy analyst with the Cato Institute’s Project on Criminal Justice and co-author of an amicus brief filed in this case, joins Dahlia Lithwick to sift through the arguments and legal principles at play. Veteran Supreme Court reporter Linda Greenhouse talks about shifting positions from the solicitor General’s office, tees up a key case at the intersection of abortion and free speech that will be heard by the high court this term, and gives her take on the status of the truth in the courts and the country in the age of Trump. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
January 6, 2018
Sometimes the technical stuff is how you get to the crucial stuff. Next week, the Supreme Court will hear a case about Ohio’s voter purge, and the case rests on some sticky statutory interpretation questions. Up to 1.2 million voters may have been purged from Ohio’s rolls after they sat out a couple of elections and in this episode of Amicus, Dahlia Lithwick does a deep dive into the technicalities of the case. Dahlia and her guests also use this moment to take stock of the state of voting rights in the US. Dahlia talks with Mayor Joseph Helle of Oak Harbor, Ohio, a veteran who came home to find he’d been purged from the rolls after not voting while on active duty, and to the director of the ACLU’s Voting Rights Project, Dale Ho. Ho even cites his favorite Justice Antonin Scalia opinion. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Learn more about your ad choices. Visit megaphone.fm/adchoices
December 23, 2017
The cultural whirlwind of #MeToo has reached the judiciary, reluctantly bringing Dahlia Lithwick into the fray along with it. In a piece for Slate, she detailed her firsthand experiences with Judge Alex Kozinski. Dahlia’s was one of many accounts that that have now surfaced. Heid Bond was one of the first women prepared to go on the record. A former clerk to Judge Kozinski, she now writes romance novels under the name Courtney Milan. You can read Bond’s piece here and Judge Kozinski’s statement here. We speak with three of Kozinski’s accusers—Heidi Bond, Emily Murphy, and Leah Litman—and hear their ideas about what needs to change to allow women to work safely and successfully in a system often shrouded in secrecy. Then Dahlia is joined by Mark Joseph Stern for a run through the headline arguments and decisions from the Supreme Court in 2017 and a look ahead at what to expect in 2018. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to Slate.com/amicusplus.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
December 9, 2017
The Mueller investigation keeps keeping on as subtweets, speculation, and objections mount. Dahlia Lithwick speaks with Andrew Wright, a former associate counsel to President Barack Obama about the latest developments. Plus a deep dive into the oral arguments in the Masterpiece Cakeshop case with Roberta Kaplan, who successfully argued Edie Windsor’s case against the Defense of Marriage Act in 2013.Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Sara Burningham.Learn more about your ad choices. Visit megaphone.fm/adchoices
November 28, 2017
Amicus presents a preview of Slow Burn, an eight-episode miniseries about Watergate. People called her crazy, and to be fair she must have seemed crazy. But she was onto something. How Martha Mitchell, the celebrity wife of one of Nixon’s closest henchmen, tried to blow the whistle on Watergate—and ended up ruining her life.Find out more at slate.com/slowburn.Learn more about your ad choices. Visit megaphone.fm/adchoices
November 25, 2017
As the high court continues through its unprecedented session, Dahlia speaks with Adam Liptak who covers the Supreme Court for the New York Times and knows the ins and outs of the Masterpiece Cakeshop case. And he gives his insight on what a jaw-dropping brief from the Solicitor General's office means for relations between the Court and the Trump administration. Plus, a look into how the Supreme Court Justices seem to be the last grown-ups left in Washington. Learn more about your ad choices. Visit megaphone.fm/adchoices
November 11, 2017
In the wake of another American mass shooting, Dahlia speaks with Adam Skaggs, Chief counsel at the Giffords Law Center to Prevent Gun Violence about the Second Amendment. And as this week marks the one year anniversary of Donald Trump’s election to office, Becca Heller, co-founder of the International Refugee Assistance Project, joins to talk about how her job changed after the election. Learn more about your ad choices. Visit megaphone.fm/adchoices
October 28, 2017
Dahlia Lithwick speaks with Representative Jamie Raskin about the Republican remedy for Trump's unfitness for office: The 25th Amendment. Plus, she speaks with ProPublica's Ryan Gabrielson about his recent reporting which revealed that the high court tends to make staggering errors of fact in opinions. Learn more about your ad choices. Visit megaphone.fm/adchoices
October 14, 2017
Dahlia is joined by Kristen Clarke, President & Executive Director of the National Lawyers’ Committee for Civil Rights Under Law to talk about the federal judiciary and how Donald Trump is speedily filling the vacancies on the federal bench. Learn more about your ad choices. Visit megaphone.fm/adchoices
September 30, 2017
As next week marks the opening of the 2017 term at the high court, Dahlia Lithwick speaks with David Cole, legal director of the American Civil Liberties Union, about some of the cases in this upcoming term, including Trump's travel ban, a civil rights case of gay couples versus those of religious dissenters and more. Cole also discusses how citizen activism is more alive than he's seen is his lifetime, something he illustrates in his new book, now out in paperback, Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law.Learn more about your ad choices. Visit megaphone.fm/adchoices
September 16, 2017
When the Supreme Court term opens next month, perhaps no issue will be more urgent – and more complicated – than voting rights. One of the first cases the justices will hear is Gill v. Whitford, a challenge to the 2011 redrawing of district lines in Wisconsin. While the Court has struck down racially-motivated gerrymanders in the past, no election map has ever been rejected as a purely partisan gerrymander. And recent developments have some court watchers concerned that Justice Anthony Kennedy may still not be ready to do that. Our guest this episode is Richard Hasen, Chancellor’s Professor of Law and Political Science at the University of California, Irvine, and curator of the must-read Election Law Blog. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
June 28, 2017
The Supreme Court’s 2016 term may not have contained the usual number of blockbuster cases, but it did have its fair share of drama. Between the stonewalling of Merrick Garland, the filibustered confirmation of Neil Gorsuch, rumors about Anthony Kennedy’s possible retirement, and in the background, the White House offensive against the federal judiciary, court-watchers had no shortage of things to keep them up at night. And so this week on Amicus, we pour a couple of our favorite court-watchers a big cup of coffee and plop some microphones down at Slate’s annual “Breakfast Table.” Mark Joseph Stern and Pamela Karlan join us to discuss what we learned about the justices this term and what we can expect from them in the fall.  Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
June 10, 2017
In his much-anticipated testimony on Capitol Hill this week, former FBI Director James Comey described several uncomfortable interactions with President Trump that preceded his firing. The big question for all watching was: could any of those interactions be considered “obstruction of justice?” On this week’s episode, we put the question to Stanford Law School Professor Robert Weisberg. We also discuss the ongoing litigation around President Trump’s executive order on immigration with Kate Shaw, an associate professor at the Cardozo School of Law and a Supreme Court analyst for ABC News. Shaw is the author of a new article in the Texas Law Review that considers what sorts of presidential speech is and isn’t admissible in a court of law. [Read Shaw’s recent New York Times op-ed on the subject here.] Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com.Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 28, 2017
This week, the Supreme Court handed down a decision that caught some Court-watchers off-guard. It ruled that North Carolina lawmakers had violated the Constitution by using race as a proxy for divvying up voters along partisan lines. And it was surprising because the swing vote invalidating the gerrymander came from none other than Justice Clarence Thomas. On this week’s episode, we parse the outcome of Cooper v. Harris -- and what it portends for future redistricting litigation -- with Slate legal writer Mark Joseph Stern. We also sit down with Jorge Barón, executive director of the Northwest Immigrant Rights Project. Each year, that group provides assistance to thousands of immigrants threatened with deportation. But last month, the NWIRP received a strange cease-and-desist letter from the U.S. Department of Justice, threatening its ongoing legal work and raising some concerns that the group is being singled out for its defense of immigrants caught up in the first iteration of President Trump’s travel ban. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
May 13, 2017
In the wake of the unceremonious termination of FBI director James Comey this week, one previously unfamiliar name has dominated the news cycle: Rod J. Rosenstein. The former federal prosecutor became the U.S. Deputy Attorney General just over two weeks ago, and since then, has found himself at the center of storm around President Trump’s most high-profile firing to date. Leon Neyfakh has been covering Rosenstein for the past few weeks, and joins us to talk about whether anyone at the Department of Justice can remain neutral in these polarized times. We also speak with University of Virginia School of Law professor Micah Schwartzman about this week’s oral arguments in one of the lawsuits challenging President Trump’s revised travel ban. Schwartzman is among a group of constitutional law scholars who filed an amicus brief arguing that the executive order violates the Constitution’s Establishment Clause. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott.Learn more about your ad choices. Visit megaphone.fm/adchoices
April 29, 2017
The Supreme Court has slowed Arkansas’ unprecedented rush to execute eight men in 11 days, pending a decision in McWilliams v. Dunn. At issue in the case is whether James McWilliams, an indigent defendant whose mental health was a significant factor at his capital trial, was entitled to an independent psychological expert to testify on his behalf. We discuss the case with Stephen Bright, longtime president of the Southern Center for Human Rights, who represented McWilliams at this week’s oral arguments. We also sit down with Norm Eisen, co-founder of Citizens for Responsibility and Ethics in Washington (CREW), to discuss the ongoing anti-corruption litigation against President Trump. Last week, CREW added two new plaintiffs to its lawsuit, which alleges that Trump’s business interests put him in violation of the Constitution’s Foreign and Domestic Emoluments Clauses. Eisen reflects on the ethical issues of the Trump Administration’s first 100 days, why the president’s tax returns still matter, and what he believes is the single most concerning ethics violation of the new commander-in-chief. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott.Learn more about your ad choices. Visit megaphone.fm/adchoices
April 14, 2017
Newly sworn-in Justice Neil Gorsuch gets his first chance to make his mark on the Court at this week’s oral arguments for Trinity Lutheran v. Comer. The important case asks whether the First Amendment’s Free Exercise Clause compels the state of Missouri to provide public grant money directly to a church. Holly Hollman, general counsel for the Baptist Joint Committee for Religious Liberty, joins us to discuss BJC’s amicus brief in the case, which argues that religious institutions are actually freer if they are barred from accepting government funds.We also sit down with Jeffrey Toobin, whose piece in this week’s The New Yorker examines the enormous influence that the Federalist Society – and especially its executive vice president Leonard Leo – have on the American judiciary. Toobin argues that with the ascension of Neil Gorsuch to the Supreme Court, Leo can now be credited with the selection of one-third of the nation’s most powerful judges. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott.Learn more about your ad choices. Visit megaphone.fm/adchoices
April 1, 2017
In 1985, eight men were convicted of the grisly murder of a Washington D.C. woman. After spending decades in prison, they learned from an article in the Washington Post that prosecutors had withheld evidence from trial that could have exculpated them. This week, the Supreme Court delved back into the details of the 30-plus year old murder case and considered whether the case should be reopened. Former defense lawyer Thomas Dybdahl is writing a book about the murder and its aftermath, and joins us to discuss Turner v. USand Overton v. US. We also speak with legal scholar Lori Ringhand, who literally wrote the book on Supreme Court confirmation hearings. She reflects on some of the ways the process has evolved over the years, whether the so-called “Ginsburg rule” is appropriately named, and what purpose these hearings actually serve. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Tony Field. Our intern is Camille Mott. Learn more about your ad choices. Visit megaphone.fm/adchoices
March 25, 2017
This week, the Senate held four days of hearings on the nomination of Judge Neil Gorsuch to the vacant seat on the Supreme Court. What did we learn about Gorsuch from his 20-odd hours in the hot seat? Did the Democrats gain anything of value from the testimony? Did Gorsuch say anything of substance? And, in the end, will the hearings even matter? In this bonus episode, we reflect on the hearings with veteran political operative Ron Klain and Slate’s own Mark Joseph Stern. Transcripts of Amicus are available to Slate Plus members, several days after each episode posts. For a limited time, get 90 days of free access to Slate Plus in the new Slate iOS app. Download it today at slate.com/app.Amicus is brought to you by The Great Courses Plus, a video lecture service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here.Podcast production by Tony Field.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 18, 2017
After a successful blockade of President Obama’s Supreme Court nominee, the GOP-led Senate will convene hearings this week on President Trump’s pick for the Court’s year-old vacancy. Considering all that has happened in the past year, how should Democrats handle the proceedings? On this week’s episode, we put that question to U.S. Senator Sheldon Whitehouse (D-RI), a member of the Senate Judiciary Committee. We also sit down with veteran journalist Tom Rosenstiel to discuss his debut novel Shining City, a timely thriller about the inner-workings of a controversial Supreme Court nomination. Tom describes how his decades of political reporting informed the book, and reflects on some of the parallels between reality and fiction. Amicus is brought to you by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus.And by Blue Apron. Create delicious, home-cooked meals with fresh ingredients delivered right to your door. Get your first three meals free when you go to BlueApron.com/Amicus.Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.Learn more about your ad choices. Visit megaphone.fm/adchoices
March 4, 2017
On Monday, the Department of Justice announced an abrupt about-face on voting rights, essentially walking away from a lawsuit against a harsh voter-ID law in Texas. We discuss the reversal and its implications with Janai Nelson of the NAACP Legal Defense and Educational Fund. She was one of the lawyers in the strange position of arguing the case in court this week, the day after the DOJ reversed course. We also sit down with Jeffrey Fisher, who argued an important immigration-related case at the Supreme Court his week. Esquivel-Quintana v. Sessions asks whether a legal immigrant can be deported for something that counts as a serious crime in some states, but not others. It also previews a question likely to play a big role in Neil Gorsuch’s confirmation hearings: how much deference courts should give federal agencies when interpreting the meaning of laws. Amicus is brought to you by Casper, an online retailer of premium mattresses. Get $50 toward any mattress purchase by going to Casper.com/amicusand using the promo code amicus.And by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.Learn more about your ad choices. Visit megaphone.fm/adchoices
February 18, 2017
In 2010, a Mexican teenager in Juarez was shot to death by a Border Patrol agent on the U.S. side of the border. In Hernandez v. Mesa, set for argument next week, the Supreme Court will determine whether the boy’s parents can sue the agent in U.S. courts. We are joined by Deepak Gupta, the family’s attorney, to discuss the case and its potential implications on American intelligence activities abroad. We also sit down with Virginia Attorney General Mark Herring to discuss this week’s ruling by a federal judge in one of the lawsuits challenging President Trump’s travel ban. Herring explains why Virginia joined the plaintiffs in that suit, and what the role of state attorneys general will be in the next four years of the Trump era.                                                                                           Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is brought to you by Blue Apron. Blue Apron’s meal kits are delivered right to your door, and make cooking at home easy. Get your first three meals free by going to BlueApron.com/Amicus.                    And by First Republic Bank. First Republic is dedicated to providing extraordinary service and changing the way clients feel about banking. Visit firstrepublic.com to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.Learn more about your ad choices. Visit megaphone.fm/adchoices
February 11, 2017
A little more than a week after President Trump announced his ban on travel from a handful of majority-Muslim nations, the U.S. Court of Appeals for the Ninth Circuit this week refused to lift a temporary restraining order blocking enforcement of the new rule. This week, Dahlia sits down with fellow Slate legal writers Mark Joseph Stern and Jeremy Stahl for a special off-week episode to discuss the ruling and its implications.Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.Learn more about your ad choices. Visit megaphone.fm/adchoices
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