Amicus With Dahlia Lithwick | Law, justice, and the courts
330 episodes - English - Latest episode: 4 days ago - ★★★★★ - 2.9K ratingsA show about the law and the nine Supreme Court justices who interpret it for the rest of America.
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Episodes
#MeToo in the Courts
December 23, 2017 07:00 - 1 hourThe 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 stateme...
Probing the Mueller Probe, and Inside the Chamber for Masterpiece Cakeshop
December 09, 2017 07:00 - 1 hourThe 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 post...
Slow Burn: A Podcast About Watergate | Martha
November 28, 2017 09:00 - 25 minutesAmicus 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
Why the Cakeshop Case is So Delicious
November 25, 2017 10:00 - 37 minutesAs 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...
Guns in America and the Travel Ban that Went Unnoticed
November 11, 2017 07:00 - 59 minutesIn 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
The 25th Amendment, What's That?
October 28, 2017 06:00 - 47 minutesDahlia 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
The Single Most Unremarked Win of the Trump Era
October 14, 2017 06:00 - 35 minutesDahlia 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
The Supreme Court Term RBG Is Calling "Momentous"
September 30, 2017 06:00 - 49 minutesAs 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 P...
Gerrymandering Goes Back to Court
September 16, 2017 06:00 - 38 minutesWhen 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 Kenned...
Breakfast Table Redux
June 28, 2017 12:00 - 59 minutesThe 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-watch...
Nice Little FBI You’ve Got Here. Pity if Something Happened to it.
June 10, 2017 06:00 - 52 minutesIn 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 S...
Clarence Thomas is Color Blind
May 28, 2017 19:58 - 43 minutesThis 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...
Animus Amicus
May 13, 2017 13:22 - 52 minutesIn 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 Departm...
The Myth of the Neutral Expert
April 29, 2017 06:00 - 46 minutesThe 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...
Playground of Liberty
April 14, 2017 21:00 - 53 minutesNewly 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...
When Prosecutors Keep Mum
April 01, 2017 06:00 - 54 minutesIn 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 join...
Gorsuch Grins, Says Nothing
March 25, 2017 06:00 - 44 minutesThis 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 Amic...
Why It’s Worth Opposing Gorsuch
March 18, 2017 06:00 - 49 minutesAfter 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 ...
Never Mind
March 04, 2017 07:00 - 53 minutesOn 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...
General Strike
February 18, 2017 07:00 - 51 minutesIn 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...
"SEE YOU IN COURT"
February 11, 2017 17:04 - 39 minutesA 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. Conside...
Will You Accept This Robe?
February 03, 2017 07:00 - 1 hourIn an elaborately choreographed prime-time ceremony this week, President Trump tapped Judge Neil Gorsuch for the Supreme Court seat that has been vacant for almost a year. We sit down with the Constitutional Accountability Center’s Elizabeth Wydra to examine Judge Gorsuch’s judicial record, whether he really is “Scalia 2.0,” and the difficult choices confronting Senate Democrats in the wake of this nomination. We also consider the ramifications of reports that some U.S. Customs and Border P...
Immunity in High Places
January 21, 2017 13:24 - 52 minutesCan a group of wrongfully-detained noncitizens sue high-ranking Bush Administration officials for violating their rights in the days following 9/11? That’s the central question in Ziglar v Abbasi, which was argued this week at the Supreme Court. On today’s episode, we hear from Rachel Meeropol of the Center for Constitutional Rights, who represented the former detainees. We also consider Lee v. Tam, another big case argued at the high court on Wednesday. It centers on a trademark claim by t...
And Then There Were Eight
January 07, 2017 15:23 - 48 minutesIn the lead-up to November’s presidential election, Donald Trump released a list of 21 potential Supreme Court nominees in what many saw as an effort to mollify conservatives who tend to worry about these sorts of things. Now, that list has reportedly been narrowed to eight. On this episode, we sit down with William Jay, a former clerk to Justice Antonin Scalia, to discuss Scalia’s possible successors. We also speak with Jack Robinson, a lawyer for the special-needs student at the center of ...
Corruption in the White House
December 24, 2016 07:00 - 1 hour“[N]o person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” These words, from Article I of the U.S. Constitution, make it unambiguously clear to many legal scholars that Donald Trump will be committing an impeachable offense by not relinquishing an ownership stake in his multiple companies before Jan 20. Zephyr Teachout is among th...
Where We Draw the Line
December 10, 2016 07:00 - 39 minutesOn Monday, the Supreme Court heard arguments in McCrory v. Harris and Bethune-Hill v. Virginia Board of Elections, two challenges to Republican gerrymandering efforts that resulted in the creation of majority-minority voting districts. At issue is whether lawmakers in Virginia and North Carolina were motivated primarily by racial considerations or only secondarily so. Marc Elias, the lawyer who represented the challengers in both cases, joins us to explain why the distinction is so critical. ...
The Specter of Korematsu
November 30, 2016 22:00 - 37 minutesJust a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the Constitution. The past few weeks have brought talk of Muslim registries, jail time for flag burners, restrictions on voting and the sweet mystery of the Emoluments Clause. This week, we sit down with U.S. Senator Chris Coons to discuss how much of this talk we should take seriously, and where the true threats to Americans’ constitutional protections lie. We also speak...
Trump’s Constitution
November 12, 2016 07:00 - 26 minutesIn the days leading up to Election Day, conservative legal scholar Orin Kerr explained why he would be crossing the aisle to vote for a Democrat. On this episode, he tells us why the prospect of a President Trump frightened him so much, and what we can expect in the way of checks and balances on executive power for the next four years. We also speak with Garrett Epps, who wrote in The Atlantic this week that Trump is “a figure out of authoritarian politics, not the American tradition.” Epps ...
Intimidation Nation
October 29, 2016 06:00 - 43 minutesIn the wake of the Supreme Court’s 2013 decision in Shelby County v Holder, many states made changes to their voting laws that may disproportionately harm minorities. This week, lawyers in Ohio filed an emergency motion with the Supreme Court requesting a suspension of voting restrictions in their state. One of those lawyers, Subodh Chandra, joins us to explain why. We also speak with Wendy Weiser, director of the Democracy Program at the Brennan Center for Justice, about the potential impac...
And Now a Word from the White House
October 14, 2016 20:00 - 46 minutesAfter President Obama nominated Merrick Garland to the Supreme Court in March, there was widespread speculation that opposing his confirmation hearings could have political costs for Republican senators. But seven months later, it’s not clear how much the GOP’s continued obstructionism will matter to voters next month. On this episode, we discuss Obama’s handling of the Supreme Court vacancy with White House Counsel Neil Eggleston and Brian Deese, Senior Adviser to the President. We also tak...
2016 Term Preview
October 01, 2016 06:00 - 46 minutesThe 2016 Supreme Court term gets underway next week, but don’t get too excited. Eager to avoid any more 4-4 split decisions, the eight remaining justices have cobbled together a caseload that steers clear of the big social questions that defined the court’s past two terms. SCOTUSblog founder and publisher Tom Goldstein joins us for our annual survey of what’s ahead. We also speak with former federal judge Shira Scheindlin. In 2013, she ruled that stop-and-frisk tactics were being used uncons...
Notorious RBG
September 17, 2016 10:59 - 41 minutesWe kick off a brand new season of our podcast with an episode devoted to the member of the Supreme Court bench who has garnered by far the most headlines since our last episode. That’s right, it’s the slavish fangirl edition of Amicus, in which we cave to the pressure of our listeners and fête the woman who had the temerity to call Donald Trump a “faker” this past July. Joining us to discuss the cultural phenomenon that is Justice Ruth Bader Ginsburg is MSNBC national reporter Irin Carmon, c...
That's a Wrap
July 02, 2016 07:00 - 1 hourOn Monday, the Supreme Court invalidated two provisions of Texas’ omnibus abortion law known as HB2. The 5-3 decision in Whole Woman’s Health v. Hellerstedt was a big win for abortion rights advocates, many of whom expected things to turn out the other way. On today’s show, we speak with Amy Hagstrom Miller, founder and CEO of the abortion provider that challenged the Texas law. We also sit down with Slate’s own Mark Joseph Stern to recap the highlights – and lowlights – of one a Supreme Cour...
Goodbye, General!
June 25, 2016 06:00 - 55 minutesMarriage equality. Voting Rights. Obamacare. These are among the many enormously consequential causes that have fallen to Donald Verrilli to defend at the Supreme Court over the past five years. On this week’s episode, he looks back on some of the highlights – and lowlights – of his term as U.S. Solicitor General. We’re also joined by Sherrilyn Ifill, President of the NAACP Legal Defense Fund, to discuss this week’s big affirmative action win at the Supreme Court. Many court-watchers were sur...
What Would Brandeis Do?
June 11, 2016 10:58 - 53 minutesMuch of the legal world’s attention was focused this week on Donald Trump’s attacks on Gonzalo Curiel, the federal judge presiding over the Trump University fraud cases in California. The outrage centered on Trump’s insistence that the fact of Curiel’s Mexican ancestry should disqualify him from the case, considering Trump’s declared intent to build a border wall. We discuss Trump’s stance – and its historical antecedents – with Deborah Rhode, founding director of Stanford University’s Center...
A Bird with a Broken Wing
May 28, 2016 06:00 - 43 minutesDespite many appearances to the contrary, Supreme Court Justice Stephen Breyer this week told an interviewer that the Court has not been diminished by the Senate’s inability to fill its empty seat. On this episode, Dahlia considers that claim with The Atlantic’s Garrett Epps. She is also joined by legal scholar Jonathan Adler, who weighs in on Donald Trump’s recently released shortlist of potential Supreme Court nominees. Adler counts himself among the conservatives who are deeply troubled by...
Memory Lane
May 14, 2016 06:00 - 44 minutesDahlia sits down with Tony Mauro of the National Law Journal to listen to highlights from the Supreme Court’s 2015 term. And she speaks with Politico’s Josh Gerstein about recent non-developments in the non-confirmation of SCOTUS nominee Merrick Garland. You can listen to past episodes of Amicus here. 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 today here. ...
This is Not Corruption
April 30, 2016 13:00 - 32 minutesThis week, the Supreme Court heard arguments in McDonnell v. United States, an appeal of the 2014 corruption conviction of Virginia’s former governor. The facts of the case read a bit like a reality show, with Gov. Bob McDonnell and his wife affording access to a wealthy businessman in exchange for Rolex watches, fancy ball gowns and expensive golf clubs. But on this episode of the podcast, former federal judge Nancy Gertner argues that prosecutors interpreted an anti-corruption law too broad...
Contra Obama
April 16, 2016 06:00 - 35 minutesDahlia 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. You can listen to past episodes of Amicus here. 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 today here. ...
The Case Against the Case Against Confirmation
April 02, 2016 13:38 - 37 minutesMore than two weeks have passed since President Obama tapped Merrick Garland to fill Antonin Scalia’s vacant seat on the Supreme Court. But while their rationale has shifted somewhat, Senate Republican leaders remain as firm as ever in their refusal to hold confirmation hearings for the nominee. On this week’s episode, University of Chicago Law School professor Geoffrey R. Stone joins us to explain why the GOP’s intransigence is so threatening to the core institutions of federal government. Y...
The Contraceptive Mandate
March 26, 2016 14:38 - 46 minutesThis week, the Supreme Court heard arguments in Zubik v Burwell, the latest challenge to the Affordable Care Act. This time, a group of religious non-profits are challenging the government’s accommodation for employers who don’t want to have anything to do with providing birth control to their workers. Dahlia speaks with Paul Clement, who argued the case for the plaintiffs, and Walter Dellinger, who supports the government's position. You can listen to past episodes of Amicus here. Transcript...
Is the Burden Undue?
March 06, 2016 08:00 - 48 minutesIt 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. Amicus is sponsored by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a 100-day period. And get 50 dollars toward any mattress purchase by visiting Casper.com/a...
The Contradictions of Antonin Scalia
February 20, 2016 21:00 - 51 minutesA week after the death of Justice Antonin Scalia, his former clerk Rachel Barkow shares fond memories of a mentor with whom she didn’t always agree politically. And legal scholar Akhil Reed Amar explains why Scalia didn’t always remain true to his originalist principles. You can listen to past episodes of Amicus here. 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 tr...
Amicus Extra: Antonin Scalia's Death
February 15, 2016 00:00 - 29 minutesThe sudden death on Supreme Court Justice Antonin Scalia on Saturday has unleashed huge shockwaves in both the presidential race and the legal community. Luckily, Slate has podcasts covering both areas. In this special joint episode, Amicus host Dahlia Lithwick joins Political Gabfest panelists Emily Bazelon and David Plotz to look at all the possible repercussions of Scalia’s death. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segmen...
The Candidates and the Court
February 06, 2016 07:00 - 28 minutesOn 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. 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 today here. Please let us know what you think of Amicus. Our e...
The Case of the Missing Constitutional Violation
January 26, 2016 23:00 - 30 minutesIn 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 – rightly or wrongly. This week, Dahlia speaks with lawyers on both sides of the topsy-turvy case. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. You can find past episodes of our show here. Amicus is sponsored by Casper, an online retailer of premium mattresses for a fra...
Labor Pains
January 09, 2016 07:00 - 39 minutesThis 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. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/ad...
Judging Tribal Courts
December 24, 2015 17:00 - 34 minutesDahlia 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. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
One Person, One Vote
December 12, 2015 10:00 - 46 minutesWhat is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at the Supreme Court. On this episode, Dahlia speaks with Andrew Grossman and Nathaniel Persily -- experts on opposing sides of the case. She also plays a few highlights from the week’s big affirmative action case, Fisher v University of Texas at Austin. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. You can find past episode...
Color Blind Constitution
November 28, 2015 15:00 - 44 minutesA half-century after Brown v. Board of Education, should the Supreme Court still be in the business of integrating public schools and universities? Dahlia sits down with University of Virginia legal historian Risa Golubuff to discuss the backdrop to the term’s big affirmative action case, Fisher v University of Texas. Please let us know what you think of Amicus. Our email is [email protected]. Subscribe to our podcast here. You can find past episodes of our show here. This week’s excerpts from...