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

Dahlia is joined by Mary Trump and Norm Ornstein to discuss how a single Trump-appointed judge’s attempt to stick a fork in the Justice Department’s criminal investigation into potential mishandling of classified materials is part of a systemic story about American justice. And they discuss the kinds of reform needed to protect democracy and repair the judiciary. And how to handle our collective trauma so we can get it all done. In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about lawlessness at Mar a Lago, whether lawlessness at Mar-a-Lago, the Texas judge whose order this week nominally aims to cut access to HIV preventative medications, but is also setting his sights (again) on cratering the Affordable Care Act, and they probe if the current outbreak of reckless judging can be inoculated or will continue to spread unchecked. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get an ad-free experience across the network and exclusive cont

Law Professor and former journalist Amy Gajda joins Dahlia Lithwick to discuss her latest book, Seek and Hide: The Tangled History of the Right to Privacy. They chart a course through early conceptions of privacy to today’s fraught battles over privacy and dignity in the age of surveillance capitalism. Learn more about your ad choices. Visit megaphone.fm/adchoices

The quality of dignity is not strained. Judge Victoria Pratt presided for years over Municipal Court in Newark, New Jersey. Her experiences form the foundation of her book, The Power of Dignity: How Transforming Justice Can Heal Our Communities. In the third of Amicus’ summer season of big-picture conversations, Dahlia Lithwick and Judge Pratt explore what everyone, up to and including Supreme Court Justices, can learn from procedural justice, also known as procedural fairness. You can watch Judge Pratt’s viral Ted Talk here. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

In the second of Amicus’ Summer Series of interviews that step out of the day to day of jurisprudence to look at justice and the Supreme Court through a wide-angle lens, Dahlia Lithwick is joined by actor and playwright Heidi Schreck. Schreck created and starred in the Pulitzer Prize and Tony Award - nominated “What the Constitution Means to Me” and is a fierce advocate for abortion rights. Together, they try to locate the spot at the intersection of politics, law, culture, media and art that might provide a space to adequately describe the impacts of the Dobbs decision. And that is where they find the galvanizing forces and creative feats of imagination that have served previous generations in the fight for equal rights, and that will fuel the fight to come.  Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by former Attorney General Eric Holder as Amicus begins its summer season while the Supreme Court is in recess. General Holder describes his feelings when, as President Barack Obama’s Attorney General, he realized he could not in good conscience take part in the long-held tradition of the AG arguing an “easy case” before the Supreme Court. The issue? That same court had just eviscerated the Voting Rights Act in a case that will forever bear his name: Shelby County v Holder. General Holder wants us to take the steps beyond anger at the assault on voting rights, and move forward with joy toward action. His book, Our Unfinished March, is both a history of how voting rights became broken, and an action plan for delivering the promise of democracy: that the people pick their leaders. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia L​​ithwick hosts Amicus’ annual term-ending breakfast table conversation, featuring Slate’s own Mark Joseph Stern, Professor Katherine Franke and Professor Nikolas Bowie. They dig into the biggest decisions of the term, and step back to survey where the court is headed, and where it’s already been.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

The term is over, and the ground upon which all Americans stood, has fundamentally shifted. Dahlia Lithwick is joined by Professor Dorothy Roberts to discuss the reality of forced birth and family separation upon marginalized peoples in America. Dorothy is the author of Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World, and of Killing the Black Body: Race, Reproduction, and the Meaning of Liberty. Then, Dahlia talks to Amy Westervelt of Drilled podcast to find out what West Virginia v EPA means for climate action, and the places the Biden Administration could still make progress.  For a behind the scenes look into some of the articles we read when we create the show, check out our Pocket collection at http://getpocket.com/slate.  Slate plus listeners will also have access to Dahlia’s conversation with Mark Joseph Stern, where they dig into some of the cases we couldn’t reach in the main show, including the Remain in Mexico decision and the alarming

Dahlia Lithwick and Mark Joseph Stern on Kennedy v Bremerton School District: a referendum on the status of truth at the high court, and another nail in the coffin of the establishment clause.  Slate Plus members have access to the whole interview.  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

Well it happened, Roe v Wade has been swept away and Dahlia Lithwick is joined by Mary Ziegler, a law professor at the University of California, Davis, and the author of “Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment.” And then we turn to the other blockbuster decision this week, in New York State Rifle and Pistol Association v Bruen. Dahlia talks to the Duke Center for Firearms Law, Joseph Blocher. In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern process more of the fallout from Dobbs and Bruen, and also examine the other blockbuster-in-normal-times case that almost escaped notice. Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick and Mark Joseph Stern react to the Supreme Court’s decision in Carson v Makin, a blockbuster religious liberty case that sees the court traveling a long way in a short time, and trampling the establishment clause along the way,  Slate Plus members have access to the whole interview.  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 CNN legal analyst Joan Biskupic and election law Professor Richard Hasen for what could be called “Amicus: Wheels Coming Off Edition”. We’re still waiting for a bevy of blockbuster decisions, and despite Chief Justice John Roberts’ solemn wish to steady the ship, events at the January 6th select committee seem destined to scupper it. Joan, Rick and Dahlia talk about what’s to come in the most unusual last two weeks of June at the court that any of them can remember.  In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern on why everybody needs to stop saying “today is the day we get Dobbs” (and why that day is likely to be the last possible day this term), on how this court overturns precedent without overturning precedent, plus Justices Barrett and Gorsuch go at it - some of the time.   Find the What Next episode Mark mentions with Leah Litman here. Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/a

Dahlia Lithwick is joined by Ryan Goodman, professor of Law at NYU and co-editor-in-chief of Just Security. While we wait for the High Court to release opinions in a heaving pile of cases, the main constitutional action of the week was in Congress. Ryan Goodman has been piecing together the events of January 6th, and what led to it, for the past year and a half with colleagues at Just Security and Protect Democracy. Goodman leads Dahlia through what we heard from the January 6th select committee on Thursday night: what was new, what was big, and the emerging roadmap for Attorney General Merrick Garland.  In this week’s Amicus Plus segment, Dahlia and Slate’s Mark Joseph Stern run down the SCOTUS decisions we got this week - including a stunning decision this week allowing border agents almost limitless protection from lawsuits for bad behavior. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Mark Joseph Stern to tee up the final weeks of the Supreme Court term. Several blockbusters are still to come, from abortion to gun rights to religious liberty to climate action—and then there’s the shadow docket. Mark and Dahlia break it all down with insights into what to expect and what to watch for.  Dahlia also spoke with former Attorney General Eric Holder this week, and he made the clear and urgent case that if you want gun reform, you need to work on democracy reform. Attorney General Holder will be back on Amicus in July to talk about his book for our summer reading series.  In this week’s Amicus Plus segment, as the Supreme Court investigates clerks over the Dobbs leak, and in the wake of the revelations of Ginni Thomas’ involvement in efforts to overturn the 2020 election, Dahlia is in conversation with Noah Bookbinder of CREW about how to fix judicial ethics.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone

In light of the Uvalde school shooting, we’re rebroadcasting a special audio presentation from Amicus that originally aired in 2018. Dahlia Lithwick spoke to three educators who survived gun violence at their schools. Heather Martin was a student at Columbine during the 1999 mass shooting; Mary Ann Jacob was library clerk at Sandy Hook at the time of the 2012 shooting; and Ken Yuers was a teacher at Rancho Tehama Elementary School when it suffered a school shooting in 2017. They discussed what they experienced, what it was like going back to the classroom, and what they want changed.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Ambassador Norm Eisen to discuss The Big Picture: democracy, the Rule of Law and the new volume he has co-written and edited, Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy. Norm and Dahlia look back to January 6th 2021, and ahead to the coming hearings and the midterms.  In this week’s Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about Ted Cruz’s victory at the Supreme Court, and what it means for what’s left of campaign finance law, the stunning decision out of the 5th circuit that questions the constitutionality of, well, pretty much the whole of the civil service… And Oklahoma’s new abortion ban law that picks up Texas’ vigilante reproductive regulation and runs with it. Sign up for Slate Plus now to listen and support our show.  We'll be back with another episode of Amicus on June 4th, when we’ll start coming to you weekly as the Supreme Court’s term hurtles to its conclusion and we are deluged with consequential decisions. Ho

In a special live panel discussion in partnership with the Crosscut Festival, this week’s Amicus tackles the post-leak landscape and potential post-Roe fallout from Justice Samuel Alito’s draft opinion in Dobbs. An all-star panel, featuring law professor and podcast host Melissa Murray, journalist and bestselling author Jessica Bruder, and Slate’s news director Susan Matthews—host of the upcoming Season 7 of Slow Burn focusing on the road to Roe v Wade—get together to discuss the past, present, and future of reproductive liberty.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

In a special episode for Slate Plus members, Dahlia Lithwick is joined by Slate’s Mark Joseph Stern for in-depth analysis of the stunning leaked draft opinion from Justice Samuel Alito in Dobbs v Jackson Women's Health Organization, the abortion case that is poised to overturn 50 years of jurisprudence and Roe v Wade. 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

On this episode of Amicus – in studio edition! – host Dahlia Lithwick is joined by Professor  Lawrence O. Gostin, professor of global health law, at Georgetown University, among many other things. They talk about the federal district court in Florida’s decision to lift the mask mandate for public transportation. While it may seem like a small deal given that the mandate was set to expire in a few weeks anyway, the decision was built on a very labored and tortured interpretation of the word “sanitation.” Professor Gostin explains that this case could have a chilling effect on government agencies. They also discuss why the decision by the Biden administration to appeal involved a lot of political calculous. In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern to talk about a death penalty decision at the Supreme Court and an upcoming case about school prayer.   Podcast production by Cheyna Roth. Learn more about your ad choices. Visit megaphone.fm/adchoices

On the great legal history episode of Amicus, host Dahlia Lithwick is joined first by David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center. While GOP Senators used the Ketanji Brown Jackson hearings to take potshots at important ideas like unenumerated rights and substantive due process to score points with their base, the talking points became entrenched in political discourse. Does it matter? Of course it does. Later in the show, Dahlia is joined by Rund Abdelfatah co-host and producer of NPR’s podcast Throughline. The podcast explores the history behind current events. Dahlia and Rund talk about Throughline’s episode Pirates of the Senate to take a closer look at the history behind the filibuster, and explore why so many of our ideas about the filibuster are just plain wrong.  In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern on the Judge Ketanji Brown Jackson confirmation, a case creating a new constitutional bar again

It was a week: Judge Ketanji Brown Jackson’s confirmation hearings, Justice Clarence Thomas in the hospital, Ginni Thomas’ tweets in the hands of the Jan. 6 committee, and an out-of-the-blue redistricting decision on the shadow docket.  First, Dahlia Lithwick is joined by Angela Onwuachi-Willig, dean of Boston University Law School, to discuss why the Senate Judiciary Committee is a terrible venue for a job interview and the ways in which Judge Jackson rose above it.   Next, Dahlia talks to Nate Persily of Stanford Law School about how the hearing interacts with the bigger picture of disinformation ecosystems, Ginni Thomas’ texts, and fills us in on the Wisconsin redistricting case. Finally, they discuss Prof. Persily’s almost 40-year friendship with Ketanji Brown Jackson.  In our Slate Plus segment, Dahlia and Mark Joseph Stern dig into judicial ethics and what shocked them this week.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your