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Amicus With Dahlia Lithwick | Law, Ju...
A show about the law, and the nine Supreme Court justices who interpret it for the rest of America.
News Commentary
Politics
Government
1
Lawyers, Who Needs 'Em?
What the lack of legal representation in the civil courts can teach us about justice.
39 min
2
Let's Start with Race
Michele Goodwin on America’s defining issue, and on papering over the gaping holes in the constitution.
63 min
3
The End of an Era, and the Cult of the Constitu...
What we lost with the passing of Justice John Paul Stevens, and Mary Anne Franks on what we lose when we unquestioningly revere the nation’s founding document.
58 min
4
High Crimes and Misdemeanors
Frank Bowman on impeachment--its history and meaning, and whether it’s meant to be so hard.
57 min
5
Ready, Set, Gerrymander!
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.
39 min
6
Trumpcast: An Interview With E. Jean Carroll
38 min
7
Flowers, Crosses, Clauses and Oaths
Present-tense SCOTUS decision analysis that reaches all the way back to the Magna Carta for context.
63 min
8
Clarence Thomas Said What?
Adam Cohen on how the Supreme Court Justice picked up his thesis on eugenics, and ran with it, in the opposite direction.
42 min
9
“Slouching Toward Gilead”
Surveying legislative assaults on the right to choose, and what guides the chief justice’s thinking about abortion.
65 min
10
A Judge, on Judging
Federal Court Judge Robert Lasnik of the Western District of Washington on judicial self-governance, racial fairness in the courts and… Quoting Bob Dylan.
61 min
11
The Fight for LGBTQ Protections Under the Civil...
70 min
12
Extra: Redactionist History
A Mueller report rundown with former Department of Justice spokesperson Matt Miller and Fordham Law Professor Jed Shugerman
23 min
13
Death Penalty Dust-Ups at the High Court
The robes are on but the gloves are off when it comes to capital punishment.
46 min
14
Kavanaugh and Kagan Had a Moment
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.
67 min
15
Lawyers are Tackling our Democracy Problem Via ...
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.
60 min
16
The Case Regarding the So-Called Emergency
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.
61 min
17
Parsing the Shadow Docket
What recent seemingly procedural SCOTUS decisions can tell us about substance.
53 min
18
Amicus Presents: The Pre-Crime Unit
47 min
19
What Did We Learn From The Trans Ban Injunction...
Lambda Legal’s Sharon McGowan on their setback at SCOTUS.
56 min
20
We’re Back to Where Mueller Began: Counterintel...
Yale’s Asha Rangappa takes us inside “the spy stuff.”
48 min
21
The Threat of National Emergency
20 min
22
Chief Justice John Roberts, a Rock, and a Hard ...
How will the chief justice reconcile his conservatism with his institutionalism in a divided court?
58 min
23
The Incrementalist RBG
A conversation with screenwriter Daniel Stiepelman on the biopic On the Basis of Sex, about his aunt, Ruth Bader Ginsburg.
47 min
24
Mapping the Mueller Investigation
Mimi Rocah draws a legal map of the Special Counsel’s investigation, dotted with “buckets of criminality”, plus inside the arguments about whether half of Oklahoma is an Indian Reservation.
66 min
25
A Hard Line on Acosta’s Hard Pass
The White House settled CNN’s suit, but big questions remain.
28 min
26
“Taking a Wrecking Ball to Our Constitution”
Is Trump’s appointment of Matthew Whitaker even legal? And why the census citizenship question is so problematic.
58 min
27
SPECIAL: The Deadly Shooting at the Tree of Lif...
19 min
28
Docket Deep Dive and Is It Time to Freak Out Ab...
Reading tea leaves on the cases before the court this term and spilling the tea on where voting rights stand for the midterms.
55 min
29
Amicus Presents: Legal Wars
10 min
30
Due Processing
As Justice Kavanaugh takes his seat, Dahlia Lithwick takes stock with Senator Jeff Merkley and Matthew Yglesias.
54 min
31
Live from Austin
A legal all-star panel on Kavanaugh, the coming SCOTUS term, and the future of the court.
66 min
32
The Press, The President, and Enemy Construction
Law Professors Lisa Sun and RonNell Andersen Jones on morphing the media into enemies of the people.
53 min
33
Introducing Slate Day
0 min
34
SPECIAL: Surviving a School Shooting, From a Te...
SPECIAL: Surviving a School Shooting, From a Teacher's Point of View
29 min
35
Roe v Kavanaugh
Trump’s nominee is not super into precedent, it seems.
56 min
36
Back to School Protest Special
From armbands to Parkland, free speech rights inside the school gates.
57 min
37
Barbie, Bratz, and Who Owns Your Dreams?
The intellectual property battle about much more than plastic dolls.
39 min
38
A Taftian Antidote to Trumpian Excesses
37 min
39
The Scalia Factor
Rick Hasen on his book “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption”
49 min
40
The Argument That Could Reclaim the Supreme Cou...
Sen. Sheldon Whitehouse on the frustrating process of vetting a new Supreme Court justice.
31 min
41
With Kennedy Gone, What’s on the Chopping Block?
Our annual look at the end of the Supreme Court term.
47 min
42
Voting: Purging, Packing, Cracking, Standing
Analysis of SCOTUS gerrymandering and voter purge decisions with Paul M Smith, who argued two of the cases.
41 min
43
Bonus: Live From the ACLU
A legal all-star panel with David Cole, Vanita Gupta, Joyce White Vance and Richard Painter.
71 min
44
Religious Belief, Sincerely Held
Examining the narrow slicing of the Masterpiece cake shop holding, and contemplating the role of faith in our laws.
65 min
45
The Impeachment Question
It’s a possibility, but should it be a goal?
42 min
46
The State of the State Attorneys General
Massachusetts Attorney General Maura Healey on gun safety wins, the resistance, and Eric Schneiderman
38 min
47
Travel Ban 3.0 and Rinsing off Religious Animus...
55 min
48
The Rule of Law and the Ethics of Poking the Bear
A slow motion constitutional crisis may be upon us. 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.
43 min
49
Don’t Call It an Abortion Case
NIFLA v Becerra may be all about reproductive rights, but it’s a speech case, too.
57 min
50
All The President's Lawyers
This week we follow the money in the Mueller investigation and we talk with a former White House counsel under President Barack Obama about the relationship between presidents and their lawyers, and between this president and his lawyers.
51 min
51
When Did Corporations Become People?
57 min
52
A Preview of a Union-Busting Case, and RBG’s Gr...
59 min
53
Immigration: Whose Call Is It Anyway?
As the courts grapple with radical shifts in immigration policy, a look at the cases underlying the conversation about the rights of refugees, immigrants, Dreamers, and visitors.
34 min
54
“The Gross Spectacle of a Divided Defense”
The case of the capital defendant who insisted “I’m innocent” while his lawyer told everyone “he did it” reaches the Supreme Court.
60 min
55
The Right Not to Vote
SCOTUS will weigh whether Ohio had the right to purge more than a million voters who sat out elections.
58 min
56
#MeToo in the Courts
What’s next, and what’s needed, in the wake of sexual harassment claims concerning the judiciary?
63 min
57
Probing the Mueller Probe, and Inside the Chamb...
58 min
58
Slow Burn: A Podcast About Watergate | Martha
A preview of Slate's eight-episode miniseries about Watergate.
24 min
59
Why the Cakeshop Case is So Delicious
33 min
60
Guns in America and the Travel Ban that Went Un...
55 min
61
The 25th Amendment, What's That?
43 min
62
The Single Most Unremarked Win of the Trump Era
31 min
63
The Supreme Court Term RBG Is Calling "Momentous"
45 min
64
Gerrymandering Goes Back to Court
As is so often the case, all eyes are on Justice Anthony Kennedy.
33 min
65
Breakfast Table Redux
Dahlia Lithwick, Mark Joseph Stern, and Pam Karlan chew over the Supreme Court term just completed.
56 min
66
Nice Little FBI You’ve Got Here. Pity if Someth...
What counts as “obstruction of justice?” And, should judges pay any attention to Trump’s Twitter feed?
49 min
67
Clarence Thomas is Color Blind
The most conservative justice casts a decisive vote to invalidate race-based voting lines.
40 min
68
Animus Amicus
A group of law professors tells a federal court that religious bias lies at the heart of Trump’s travel ban.
50 min
69
The Myth of the Neutral Expert
In the context of a capital trial, is there any such thing?
42 min
70
Playground of Liberty
An important church-state case at the Supreme Court centers on tire scraps repurposed for kids’ play areas.
49 min
71
When Prosecutors Keep Mum
Did eight men spend decades in prison for somebody else’s crime? And – a history of confirmation hearings.
50 min
72
Gorsuch Grins, Says Nothing
Were his hearings as pointless as they seemed?
44 min
73
Why It’s Worth Opposing Gorsuch
It’s not that he’s a bad judge, or that he was nominated by a president so compromised by scandal. Plus – a veteran D.C. journalist tries his hand at fiction.
45 min
74
Never Mind
After spending years challenging a draconian voter ID law in Texas, the DOJ abruptly changes course. Plus – a thorny deportation case is argued at SCOTUS.
50 min
75
General Strike
How state attorneys general are going on the offensive against the most egregious parts of the Trump agenda. And – the Constitution’s limits on the U.S.-Mexico border.
47 min
76
"SEE YOU IN COURT"
A deep dive into the Ninth Circuit’s ruling on President Trump’s immigration ban.
38 min
77
Will You Accept This Robe?
Is Supreme Court nominee Neil Gorsuch really “Scalia 2.0”? And, the constitutional and human costs of Trump’s Muslim ban.
59 min
78
Immunity in High Places
Can government officials be held individually responsible for constitutional violations on their watch? And, why one NFL team is so interested in a trademark challenge brought by a group of Asian-American rockers.
49 min
79
And Then There Were Eight
Trump winnows his shortlist for the Supreme Court’s empty seat. And we preview a big special education case that will be argued next week.
45 min
80
Corruption in the White House
Why the Founders were so adamant about preventing the kind of presidency we’re about to witness. Plus, historians, philosophers, and legal scholars reflect on the climate for free speech on campus.
56 min
81
Where We Draw the Line
The Supreme Court takes up the thorny issue of racial gerrymandering. And, a revolt is underway in the Electoral College.
36 min
82
The Specter of Korematsu
A timely look back at the infamous Supreme Court case that upheld the internment of Japanese-Americans.
32 min
83
Trump’s Constitution
If we take the president-elect at his word, how afraid should we be?
23 min
84
Intimidation Nation
Lawyers challenging punitive voting restrictions in Ohio make an 11th hour appeal to the Supreme Court. And – Trump asks his supporters to go to other people’s polls.
40 min
85
And Now a Word from the White House
Merrick Garland has been waiting seven months for a Senate hearing, but the president’s advisers say Obama has no regrets about the nomination. Plus – the difficulty of keeping racism out of the jury room.
41 min
86
2016 Term Preview
Reflections on the thin gruel of a docket crafted in large part to avoid 4-4 ties. Plus – a conversation with the latest judge to be personally insulted by Donald Trump.
41 min
87
Notorious RBG
Ruth Bader Ginsburg biographer Irin Carmon joins Dahlia to reflect on how the diminutive Supreme Court justice came to loom so large in the consciousness of young feminists. Dahlia also speaks with the proud owner of an RBG tattoo.
36 min
88
That's a Wrap
The Supreme Court caps off one of its twistiest-turniest terms ever with a strong defense of abortion rights. Dahlia speaks with the woman behind Whole Woman’s Health v Hellerstedt. And she recaps the term’s highlights with Slate’s Mark Joseph Stern.
57 min
89
Goodbye, General!
On his last day in office, U.S. Solicitor General Donald Verrilli tells Dahlia what it’s been like to argue the government’s most consequential cases at the high court. Also – why Justice Anthony Kennedy cast a clutch vote for affirmative action.
51 min
90
What Would Brandeis Do?
Dahlia sits down with Stanford Law School’s Deborah Rhode to discuss Donald Trump’s attack on the judge in the Trump University fraud lawsuits. And she talks with legal scholar Jeffrey Rosen about the astonishing legal mind of Justice Louis Brandeis.
49 min
91
A Bird with a Broken Wing
Is the eight-member Supreme Court a diminvished body? Dahlia mulls that question with fellow court watchers Garrett Epps and Jonathan Adler. And they consider what we should make of Donald Trump’s recently released Supreme Court nomination shortlist.
41 min
92
Memory Lane
Dahlia and the National Law Journal’s Tony Mauro listen to highlights from the Supreme Court’s 2015 term. And she speaks with Politico’s Josh Gerstein about the recent non-developments in the non-confirmation of SCOTUS nominee Merrick Garland.
41 min
93
This is Not Corruption
This week, the Supreme Court heard arguments in McDonnell v. U.S., the former Virginia governor’s appeal of his 2014 corruption conviction. On this episode, former federal judge Nancy Gertner tells Dahlia why she believes McDonnell should walk free.
29 min
94
Contra Obama
Dahlia previews United States v. Texas – this week’s big immigration case – with Brianne Gorod of the Constitutional Accountability Center. She also hears from Sen. Al Franken about the latest in the standoff over Obama’s SCOTUS nominee, Merrick Garland.
33 min
95
The Case Against the Case Against Confirmation
More than two weeks into the standoff over Merrick Garland’s nomination to SCOTUS, GOP leaders show no sign of backing down. Legal scholar Geoffrey Stone tells Dahlia that this stonewalling is not only unprecedented, but unjustifiable as well.
34 min
96
The Contraceptive Mandate
This week, SCOTUS heard arguments in Zubik v Burwell, the latest challenge to Obamacare. In it, a group of religious nonprofits are challenging the govt.’s workaround for employers who don’t want anything to do with getting birth control to their workers.
44 min
97
Is the Burden Undue?
It was a big week at SCOTUS, as a newly-balanced Court turned to Whole Woman’s Health v. Hellerstedt, its first abortion case in nine years. We discuss the case with legal scholar Pamela Karlan and listen to some highlights from oral arguments.
45 min
98
The Contradictions of Antonin Scalia
A week after the death of Justice Antonin Scalia, one of his former clerks shares fond memories of a mentor with whom she didn’t always agree politically. And a legal scholar explains why Scalia didn’t always remain true to his originalist principles.
49 min
99
Amicus Extra: Antonin Scalia's Death
The sudden death on Supreme Court Justice Antonin Scalia on Saturday has unleashed huge shockwaves in both the presidential race and the legal community.
27 min
100
The Candidates and the Court
On this episode, Dahlia asks why the Supreme Court has been almost absent as a campaign issue, despite the fact that the next president could have the opportunity to reshape the Court’s bench. She is joined by UC-Irvine law professor Erwin Chemerinsky.
26 min
101
The Case of the Missing Constitutional Violation
In Heffernan v City of Paterson, the Supreme Court must decide whether a government worker can be punished for a political belief his employers attribute to him. This week, Dahlia speaks with lawyers on both sides of the topsy-turvy case.
27 min
102
Labor Pains
This week, the Supreme Court will hear a case that could undercut the ability of public sector unions to raise money. Dahlia is joined by Cato Institute’s Ilya Shapiro and U. of Michigan’s Sam Bagenstos, who submitted briefs on opposite sides of the case.
37 min
103
Judging Tribal Courts
Dahlia speaks with attorney Mary Kathryn Nagle about Dollar General Corporation v. Mississippi Band of Choctaw Indians, a major Native American rights case argued at the Supreme Court earlier this month.
31 min
104
One Person, One Vote
What is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at SCOTUS. Dahlia speaks with experts on both sides of the case. And she plays a few highlights from the week’s big affirmative action case.
44 min
105
Color Blind Constitution
A half-century after Brown v. Board, should courts still be in the business of integrating public schools? Dahlia sits down with legal historian Risa Golubuff to discuss the backdrop to the term’s big affirmative action case, Fisher v Univ. of Texas.
41 min
106
Class Dismissed?
Dahlia speaks with Carter Phillips, the lawyer who represented Tyson Foods at SCOTUS this week in its attempt to dismiss a class action suit by workers. She also considers the love-hate relationship between presidential hopefuls and the high court.
32 min
107
Strike Zone
Dahlia previews Foster v. Chatman, a Supreme Court case that centers on the problem of racial bias in the process of jury selection.
42 min
108
No Second Chances
In Montgomery v. Louisiana, the Supreme Court takes up the case of a man who has served 53 years in prison for a murder he committed as a juvenile.
30 min
109
The Machinery of Death
As serious questions about lethal injection protocols continue to swirl, Dahlia speaks with The Marshall Project’s Andrew Cohen about where the Supreme Court currently stands on the constitutionality of the death penalty.
30 min
110
2015 Term Preview
Dahlia sits down with the LA Times’ David Savage to consider three of the big cases on the SCOTUS docket this fall -- and whether liberals are right to be worried about the outcomes of those cases.
33 min
111
Sandra and Ruth
Dahlia sits down with Linda Hirshman, author of “Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World.” Hirshman recounts the two women’s rise to the bench and reflects on the impact they’
31 min
112
Sock the Vote
To mark the 50th anniversary of the Voting Rights Act, Dahlia sits down with The Nation’s Ari Berman to discuss the decades-long campaign to roll back the achievements of the landmark 1965 legislation.
31 min
113
The Term in Review
ahlia sits down with three fellow SCOTUS-watchers — Kenji Yoshino, Mark Joseph Stern, and Christian Turner — to reflect on the just-completed term and how it will go down in history.
40 min
114
Amicus: The Storm Arrives
Over two consecutive days, the Supreme Court handed down historic decisions on same-sex marriage and Obamacare. Dahlia Lithwick and Walter Dellinger react.
28 min
115
The Storm Before the Storm
Dahlia is joined by The Atlantic’s Garrett Epps to parse the latest batch of 5-4 decisions from SCOTUS. They included rulings on immigration, free speech, and the death penalty, and involved some strange alliances among the Justices.
39 min
116
A Certain Justice
This week, Dahlia speaks with a former clerk to Justice Clarence Thomas about the strong stances that Thomas has been taking recently. And she asks what’s at stake in a big challenge to “One Person One Vote” that SCOTUS will take up next term.
40 min
117
The Calm Before the Storm
On today’s episode, Dahlia takes stock of the big whammy decisions just around the corner at the Supreme Court, and considers a few of the major abortion cases that could be following shortly on their heels.
28 min
118
Ready for Her Close-Up
This week we learned that Natalie Portman will play a young Ruth Bader Ginsburg in a new film about the Supreme Court Justice. On this episode, Dahlia and her guests consider the recent explosion of Court-related dramatizations on the stage and screen.
37 min
119
Making the Case
This week, we take you inside the courtroom for the recent gay marriage case at the Supreme Court. Dahlia listens to highlights of oral arguments with Douglas Hallward-Driemeier, one of the lawyers who represented same-sex couples in the historic case.
34 min
120
The Politics of Law
In anticipation of big decisions on marriage equality and Obamacare, many are talking about the balance of political power on the Supreme Court. Dahlia Lithwick speaks with two court watchers about the extent to which the Justices are political actors.
28 min
121
Marriage Arrives
On April 28, the Supreme Court will finally take up the constitutionality of same-sex marriage bans. Dahlia Lithwick previews the cases with Paul Smith, the lawyer involved in the 2003 gay rights case that helped set the stage for this historic event.
27 min
122
Mercury Rising
How should the EPA weigh costs when regulating toxic emissions? Dahlia Lithwick speaks with lawyers on both sides of a Supreme Court case posing that question. And she reviews the highlights of a case testing the limits of free speech on license plates.
28 min
123
Throwing Away the Key
Seven years after ruling that detainees at Guantanamo Bay were entitled to the protections of the U.S. Constitution, the Supreme Court seems to have turned its back on the remaining detainees there. On this week’s episode, we ask why.
29 min
124
The Letter of the Law
As the Supreme Court prepares to hear arguments in the latest challenge to the Affordable Care Act -- King v. Burwell -- Dahlia Lithwick hears from experts on both sides of what could be the most important case in the Court’s entire term.
39 min
125
Botched Protocols
As the Supreme Court prepares to revisit the constitutionality of lethal injection, Dahlia Lithwick speaks with two experts about the controversial drugs being used for execution and whether the capital punishment system can be repaired.
28 min
126
Cameras in the Courtroom
Dahlia Lithwick speaks with Sonja West and RonNell Andersen Jones, two Supreme Court experts who don’t buy the justices’ arguments against allowing cameras in the courtroom.
36 min
127
"Thank You," Not "Please"
Dahlia Lithwick talks to Andrew Pincus, the lawyer who brought a Supreme Court challenge this week to a law banning fundraising by judicial candidates. And she hears from the NAACP’s Sherrilyn Ifill on the latest challenge to the Fair Housing Act.
33 min
128
The Super Lawyers
Dahlia Lithwick talks to Joan Biskupic, the author of a new Reuters study about the elite "one-percent" group of lawyers who bring most of the cases at the Supreme Court. She also hears from two of these super-lawyers -- Tom Goldstein and Paul Clement
34 min
129
Rapper's Intent
Dahlia Lithwick talks to rap music scholar Charis Kubrin about Elonis v. U.S., and about how courts are using rap lyrics in criminal proceedings. She also hears from Sam Bagenstos, who argued this week’s pregnancy discrimination case Young v. United Par
30 min
130
Mental Illness and the Death Penalty
With an execution looming, Dahlia Lithwick revisits Panetti v. Quarterman, a case involving mental illness and the death penalty. Her guests are Scott Panetti’s lawyer Kathryn Kase and Brandon Garrett of the University of Virginia.
36 min
131
Jerusalem Born
Fresh off oral arguments in the Supreme Court, Alyza Lewin discusses Zivotofsky v. Kerry, which asks if Congress or the President has ultimate authority over passports. Plus, Yates v. U.S. debates whether grouper should qualify as "tangible objects."
27 min
132
Amicus: Ballot-Box Special
On Ep. 4 of Amicus, a pre-election special. Dahlia sits down with UC Irvine law professor Rick Hasen, founder of Election Law Blog, to survey the landscape of state voter ID laws. They consider the effect of recent headlines on voters' confidence in...
21 min
133
Amicus: Revenge of the Octogenarians
On Ep. 3 of Amicus, Slate’s Dahlia Lithwick talks with the New Yorker’s Jeffrey Toobin about his recent interview with President Obama on Obama’s judicial legacy. Then Dahlia welcomes Roberta Kaplan, the lawyer who won last...
32 min
134
Amicus: Let's Salsa with Sotomayor
On Ep. 2 of Amicus, Slate’s Dahlia Lithwick and former acting solicitor general Walter Dellinger discuss the Surpreme Court’s recent non-decisions about abortion and voter I.D. laws. Then Dahlia talks with Joan Biskupic, author of a new...
30 min
135
Amicus with Dahlia Lithwick
On Ep. 1 of Amicus, Slate’s Dahlia Lithwick discusses the opening of the Surpreme Court’s new term with Tom Goldstein, publisher of SCOTUSblog. Dahlia also welcomes Douglas Laycock, who argued the case of a Muslim prisoner who wants to...
35 min