Amicus With Dahlia Lithwick | Law, Justice, And The Courts

Dahlia Lithwick is joined by Dean Erwin Chemerinsky of Berkeley Law, associate law professor Zephyr Teachout of Fordham University, and Slate’s own Mark Joseph Stern to rake over the end of the Supreme Court term, taking a close look at the Trump financial records cases, the ministerial exception cases, and a landmark decision about tribal lands in Oklahoma.   Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Professor Melissa Murray of NYU School of Law and Jeffrey Toobin of the New Yorker for a round table discussion of the big abortion case of the term, why Chief Justice John Roberts chose to strike down the Louisiana abortion law in June Medical Services LLC v Russo, and why opinion about Roberts’ opinion seems to be divided along very gendered lines. In the Slate Plus segment, Dahlia and Mark Joseph Stern break down the other big opinions of the week and their implications for executive power and the separation of church and state. Finally, they look ahead to what remains of the term. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Luis Cortes Romero, the attorney and DACA recipient who was part of the team that prevailed in this week’s DACA ruling. He will restore some of your faith in the American courts. And then Dahlia talks to Professor Pam Karlan about this week’s landmark LGBTQ employment rights case, in which she argued successfully for Title VII protections to apply to gay, lesbian, bisexual, and transgender employees. In the Slate Plus segment, Mark Joseph Stern tries to help Dahlia figure out who this new Chief Justice John Roberts is and what that can tell us about the remaining (huge) opinions still to be issued this term. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Dean Angela Onwuachi-Willig of Boston University School of Law to share the feelings and thinking behind her letter to her students reflecting on recent protests and killings. (Also mentioned, the letter from the Washington State Supreme Court and the Massachusetts Supreme Judicial Court.) Next, Vanita Gupta of the Leadership Conference on Civil and Human Rights and former head of the Civil Rights Division of the Justice Department in the Obama administration discusses America’s overpolicing problem and what’s needed for real change. In the Slate Plus segment, Mark Joseph Stern on the midnight decision in a case brought by churches who objected to state lockdown orders, and why the GOP strategy to block voting by mail has a big swing state problem.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

A big show for the long weekend. First, Dahlia Lithwick is joined by Leah Litman of the University of Michigan Law School to discuss oral arguments in the Trump financial records cases, and to get granular with the question of who gets interrupted most in oral arguments over the phone. (Guess what? It’s gendered.) Next, a big picture conversation about the rule of law and global justice before, during, and after COVID-19, with David Miliband of the International Rescue Committee.  In the Slate Plus segment, Mark Joseph Stern takes us through arguments in the faithless electors case, the big religious freedom case that most people missed, and why you shouldn’t read too much into the Supreme Court’s latest order regarding the Mueller Report.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Susan Hennessey, national security analyst and executive editor of Lawfare to discuss the ramifications of the Justice Department’s decision to drop the case against Michael Flynn. Later in the show, Lithwick is joined by veteran Supreme Court watcher Linda Greenhouse to unpack the new format for Supreme Court arguments: a teleconference carried live on C-SPAN, with a close look at the birth control case you might have missed.  In the Slate Plus segment, Mark Joseph Stern on how Flushgate could affect post-pandemic openness at the Supreme Court and which justice is crushing the conference calls. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Colorado State Attorney General Phil Weiser to talk about how states’ rights fit into the picture of America that’s emerging in this pandemic.  In the Slate Plus segment, Mark Joseph Stern joins Dahlia to talk about the big decisions that came down from the high court this week and what they mean for other, even bigger, decisions yet to come this term. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Marc Elias, chair of Perkins Coie’s Political Law Group, he represents the Democratic National Committee and the Democratic Party of Wisconsin. Together, they reconstruct how the Supreme Court stepped into Wisconsin’s April election, and what the path to that decision—and the fallout from it—can teach us ahead of November.  In the Slate Plus segment, Mark Joseph Stern talks about Mitch McConnell’s continued campaign to stack the judiciary, the dissonance between conservative positions on election law and reproductive rights in the time of COVID, and the piece he wishes he and Dahlia had written together this week, but didn’t. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Ian Bassin, former associated White House counsel from 2009-11 and co-founder of Protect Democracy for a look at the pain points, tensions, and glimmers of hope in how this constitutional democracy is handling the unprecedented challenges presented by COVID-19.  In the Slate Plus segment, Mark Joseph Stern on why Justice Elena Kagan is voting with the conservatives, the unanimous decision in Comcast Corp. v. National Association of African American Media and what it means for future civil-rights cases, and the crisis unfolding in the immigration courts. Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Professor Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy at the University of California Irvine School of Law. Professor Goodwin unpacks the oral arguments in this term’s big reproductive health case, June Medical Services, and delves into the history of racism and civil-rights trampling in the name of public health.  For plus members, Mark Joseph Stern joins Dahlia with what to expect from a SCOTUS closed to the public, the Obamacare case, and which record was met at the Supreme Court this week.  Podcast production by Sara Burningham. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick asks the new president of the American Constitution Society, Russ Feingold, if it’s too late for progressives to respond to the conservative steamroller that is the Federalist Society.  Slate Plus members have access to a bonus segment in which Slate’s Mark Joseph Stern breaks down the headlines, cases, cert grants, and conundrums from the Supreme Court and federal appellate courts. To start your free two-week trial go to slate.com/amicusplus Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

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

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

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

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

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

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

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

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

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