Amicus With Dahlia Lithwick | Law, Justice, and the Courts

This episode is a part of Opinionpalooza. Slate's coverage of Supreme Court decisions. We consider this coverage so essential that we're taking down the paywall for all of it. If you would like to help us continue to cover the courts aggressively, please consider joining Slate Plus. And sign up for the pop-up newsletter to see the latest every week in your inbox. On this week's Amicus, a sobering interview between Dahlia Lithwick and the ACLU's Chase Strangio. Chase is deputy director for Transgender Justice with the ACLU's LGBT and HIV Project and a nationally recognized expert on trans rights. . The sheer number and breadth of proposed new laws targeting trans people is breathtaking, and they are coming from some familiar quarters if you follow the Supreme Court and abortion law. This conversation helps to set the stage for the end of the Supreme Court's term by looking beyond the cases being decided this month at One, First Street, and toward the legal landscape, and the systems and groups that are shaping that landscape for the rest of us. In the second half of the show, Dahlia is joined by her jurisprudential co-pilot Mark Stern. They talk about why everyone on Twitter hates Mark (hint: people have strong feelings about Justice Alito's recusal ethics), the labor case that was not as bad for unions as maybe could have been (but is still NOT GREAT), and Mark floats his theory that Supreme Court Justices just don't want to go back to the office full time and that's why we're getting a dribble of decisions now… And might get a firehose of them later this month.   In this week's Amicus Plus segment, we return to Washington DC and our Full Court Press live show at Sixth and I, where Mark and Dahlia were joined by Congressman Hank Johnson of Georgia's 4th District. Rep. Johnson is the ranking member of the House Judiciary subcommittee that oversees the federal courts, including the Supreme Court. They talk court reform and modernizing the judiciary, and why term limits and court expansion are vital to both.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Take your seats for a live show from Washington DC this week. This live show is part of Slate's Full Court Press coverage, a provocation for the fourth estate to hold the third branch of government to account. Dahlia Lithwick is joined by Slate's Mark Joseph Stern, Elie Mystal of The Nation, and Jay Willis of Balls and Strikes. As we perch on the precipice of another slew of catastrophic decisions this June, they unpack how Supreme Court reporting has failed to meet the moment - and crucially, what to do about it.  In this week's Amicus Plus segment, listeners will hear the question and answer segment of the live show - with piercing audience questions such as: "Why do so many Democrats fail to take the court seriously?, and some vital advice for law students from Elie Mystal and Jay Willis. (Spoiler: Don't be Tom Cotton) Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this bonus episode for Amicus Plus listeners, Dahlia Lithwick and Slate's Mark Joseph Stern discuss the latest biggest Supreme Court decision: Sackett v EPA. It's good news for developers and polluters, bad news for the rest of us. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Get your tickets for Amicus Live in Washington DC on May 24th here: https://slate.com/live/amicus-live-may-24-in-washington-d-c-full-court-press.html Dahlia Lithwick is joined by a pair of legal history-makers, E Jean Carroll and Roberta Kaplan. They discuss the landmark defamation and sexual abuse case they won against former President Donald J Trump; how the case came together, what tipped the balance in court, if vindication lasts, and what happens when the defendant won't stop doing the same defamation over and over again. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to talk about the Mifepristone arguments at the 5th Circuit, North Carolina's abortion ban, and why Justice Kagan and Sotomayor are duking it out in the footnotes over Andy Warhol.  Sign up for Slate Plus now to listen and support our show.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

Get your tickets for Amicus Live on May 24th.  On this week's Amicus, we head to Seattle for a live taping of the show at the Cross Cut Festival with guest Michael Waldman, President of NYU Law School's Brennan Center. Dahlia Lithwick asks him about his new book, THE SUPERMAJORITY: How the Supreme Court Divided America, and what the ongoing ethics scandals and plummeting public approval for the court mean for our democracy. They also look ahead to next month when the court's legitimacy may be stretched even further by major decisions that fly in the face of the majority of public opinion. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to talk about the decisions that came out this week concerning pork producers and public corruption, which delivered some surprising and depressingly unsurprising opinions. They also try to figure out how many more times E Jean Carroll might have to sue Donald Trump to halt his defamation demolition derby. Sign up for Slate Plus now to listen and support our show.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices

After weeks of controversy, piled upon intrigue, heaped with scandal and topped with crisis at the Supreme Court, it can be hard to get your bearings. What's illegal, what's unethical, what's just a bit hinky? And what does it really mean for an institution that is about to hand down decisions that reach into every part of our lives, from justice to climate, from youtube to universities? On this week's Amicus, Dahlia Lithwick is joined by Lisa Graves from True North Research. Lisa ia a veteran investigator of the dark money spigot that has been flooding the Supreme Court and rewarding some of the justices, and the causes and people close to their hearts. If you can't see the woods for the trees, Lisa will paint you a picture. And that painting will, of course, include; Clarence Thomas, Leonard Leo, Harlan Crow and Mark Paoletta.  In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to talk about the possible end of Chevron deference the impacts for the administrative state, the Texas abortion case that is a case study in SB8 working exactly as it was intended, and why it is so puzzling that the Justices won't rescue themselves from the ethics quagmire that's sinking trust in SCOTUS. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

As laughter ricocheted around the Supreme Court chamber Wednesday, Professor Mary Anne Franks wondered if she could quite believe her ears. The matter of some hilarity, it seems, were messages sent by a convicted stalker to his victim. Individual messages that were among what one detective estimated to number in the hundreds of thousands - possibly as many as one million messages - sent by Billy Raymond Counterman to singer Coles Whalen. Counterman's campaign of harassment drove Whalen away from performing, indeed drove her away from her home state. She moved across the country to get away. On this week's Amicus, Dahlia Lithwick is joined by Professor Mary Anne Franks to discuss Counterman v Colorado and how the details of a cyber-stalking case were lost to free speech concerns about trigger warnings and "sensitivity". You can read Prof. Franks' powerful piece on this here.  In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to discuss the big fat settlement Dominion got in its defamation case against Fox News, and why it feels so unsatisfying, the religious liberty case you probably missed at the court this week, Groff v DeJoy. They also talk about how Sen. Dianne Feinstein's continued absence from the Senate Judiciary Committee, and Senate Democrats' workarounds for it, are like bringing a bubble blower to a knife fight.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

There's a terrible legal Easter egg in Judge Matthew J. Kacsmaryk's ruling on the abortion medication, Mifepristone. And that same Easter egg makes an appearance in the Fifth Circuit's partial stay. It's the Comstock Act - a mostly forgotten 19th century vice statute that is suddenly the anti-abortion movement's favorite zombie legislation. On a special extra episode of Amicus, Dahlia Lithwick is joined by Mary Ziegler, an expert on the law, history, and politics of reproduction, health care, and conservatism in the United States from 1945 to the present. Together, they tackle the chaos upon chaos of the past week's medication abortion cases, and take a long hard look at the next steps in the anti-abortion movement's fight for a nationwide ban.  In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to discuss the “quid pro Crow” of Justice Clarence Thomas' real estate deals with GOP mega donor, and avid court-watcher, and amicus-brief-funder Harlan Crow.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

On this week's Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention. Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck's book, The Shadow Docket -  How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn't cram into an already jam-packed main show. They start with what's really not happening, and that is Supreme Court decisions. It's April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas' law breaking. And… Hey! Remember Wisconsin? It's a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia's extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

On this week's Amicus, Dahlia Lithwick talks with Andrew Weissmann, former lead prosecutor in Robert S. Mueller's Special Counsel's Office and former Chief of the Fraud Section in the Department of Justice from 2015 - 2019. Together, they tackle the tangled web of investigations into the former President, and the trajectory of possible indictments. And Andrew helps us hone in on some crucial details we may have missed in the fog of building barricades outside the Manhattan Criminal Courthouse. Andrew Weissmann's book, Where Law Ends, was published by Random House in 2021 In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to understand how Trump judges could tank the economy, the latest on abortion in states trying grapple with the (entirely predictable) deadly consequences of the Dobbs decision, and why all this underlines why the Wisconsin Supreme Court election really matters.   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 political analyst Michael Podhorzer (ex AFL-CIO, now newly-minted substacker). Michael was one of the all-hands-on-deck responsible for shoring up the 2020 election against subversion, he's a political data geek,  and for Amicus's purposes - he's someone with a fascinating take on the Supreme Court, and all the ways we fail to truly understand it. Hear why Michael doesn't care about Leonard Leo, the lessons learned in the Trump years that we should be applying to the court, and the overarching agenda that both motivates and shapes the court's jurisprudence.   In this week's Amicus Plus segment, Mark Joseph Stern is away, so Dahlia is joined by the Award Winning™  Leah Litman to talk about loan forgiveness and major questions, the Texas suit being brought by women seriously harmed by the state's abortion ban, and the alarming implications of an amicus brief in an Indiana abortion case that questions the religious sincerity of, well, anyone who backs abortion rights. Sign up for Slate Plus now to listen and support our show.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices

For every person screaming about Section 230 (looking at you, Ted Cruz), there are approximately 0.0000001 Danielle Citrons, i.e. folks who actually understand it, what it does, and how it might be tweaked or interpreted to do better. Luckily, we have a whole Professor Danielle Citron on this week's show. Professor Citron not only manages to make sense of Section 230 for us, she also takes us through this week's internet cases involving Twitter and Google, and content moderation and liability. She explains how eight out of nine justices apparently failed to read the briefs, instead deciding on an "it's so hard" shruggy head-scratch strategy instead. Danielle Citron's latest book is The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to look ahead to next week's arguments about the Biden administration's student debt forgiveness program, and to romp through some of the decisions that came down from the Supreme Court this week. Finally, Mark and Dahlia reflect on the results of the primaries in the race to elect a new Wisconsin Supreme Court Justice. Could it be a Mark and Dahlia Amicus plus segment that is not all bad news?  Sign up for Slate Plus now to listen and support our show.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

Wisconsin's State Supreme Court heard one of the landmark cases of the 2020 presidential election. During oral arguments in Trump v Biden in December 2020, Justice Jill J Karofsky participated in proceedings via Zoom from her office inside the state capitol in Madison. Outside her office window, she could see armed protesters gathered in what she later viewed as a dry run for January 6th. In a 4-3 decision, with one Republican justice siding against Trump, the Wisconsin Supreme Court voted to uphold Biden's victory in the state. On this week's Amicus, Justice Karofsky speaks for the first time about the fallout from that case: Fallout in her personal life, for herself and loved ones. Fallout in her professional life, with an investigation and the threat of sanction for her line of questioning in oral argument. And beyond all that, the fallout for democracy—and for the role of jurists within that democracy.  In this week's Amicus Plus segment, Dahlia Lithwick is joined by Slate's Mark Joseph Stern to discuss the originalist Second Amendment ruling that puts women's lives at risk, the looming prospect of a potential nationwide ban on a widely used, FDA-approved, abortion pill, and how the future of jurisprudence appears to be competing time machines.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices

First, there was the Dobbs case. Then there was the leaked opinion in the Dobbs case. Then there was the investigation into the leaked opinion in the Dobbs case. Then there was the report on the investigation into the leak. Then there was the supplemental report from the Marshal on the report on the investigation into the leak. AND THEN there was the revealing reporting from the NY Times' Jodi Kantor on a court roiled by reports and investigating and leaks. This week, Dahlia Lithwick is joined by Jodi Kantor to dig through the reports, reporting and repercussions for the people who are inside One, First Street, and for the baffled majority who aren't. In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern to try to figure out why it's taking so long for SCOTUS to hand down opinions this term, and to examine the very first decision of the term, disappointing in its unanimity and its negative impact on veterans.  Sign up for Slate Plus now to listen and support our show.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

Amicus is sponsored by Betterhelp. The Supreme Court of the United States got back into the swing of things its first week back after New Years, with a case about cement workers and the rights of organized labor. The “swing” the court was getting “back into” with this case was potential precedent-busting. Dahlia Lithwick is joined on this week's show by Terri Gerstein, director of Harvard Law School's Center for Labor and a Just Economy, to discuss what this case could mean for worker's rights, and for democracy more broadly.  Next, Dahlia is joined by Brad Meltzer, a serial best selling author of so many kinds of books. This week Brad has two books coming out, I Am John Lewis for the kids, and The Nazi Conspiracy - The Secret Plot to Kill Roosevelt, Stalin, and Churchill. Brad and Dahlia discuss legal writing, book bans, and what these two seemingly very different books have in common.  In this week's Amicus Plus segment, Dahlia is joined by Slate's Mark Joseph Stern for an update on abortion legislation at the state and national level. They discuss the smoke and mirrors of the new republican house majority's “Born Alive” Bill, and the devastating fallout if Virginia's 15 week ban gets passed.  Sign up for Slate Plus now to listen and support our show.  Learn more about your ad choices. Visit megaphone.fm/adchoices

For some, 2022 was the year Roe v Wade was overturned. For millions more, abortions rights had been functionally inaccessible for decades. Beyond shaky precedent, Roe was a vessel into which America threw all sorts of hopes, beliefs and fears. But how did this legal decision become a symbol of so much? On this week's show, host Dahlia Lithwick is joined by abortion law expert Mary Ziegler, who's new book, Roe: The History of a National Obsession, tries to find the roots of Roe's incessant pull, and to unpack the meaning from the meta.  In this week's Amicus Plus segment - the worst of jurisprudence 2022. In a year marked by quite a few legal gut punches, Dahlia is joined by Mark Joseph Stern to run through the most bonkers rulings from the most out-of-control federal judges. They also find a path to hope for justice in 2023.   Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

The highest court in the land has ignored the need for standing, the trial record, and of course precedent this past year––and it matters.  Host Dahlia Lithwick is joined by Sherrilyn Ifill, former president and director-counsel of the NAACP Legal Defense and Educational Fund, and a senior fellow at the Ford Foundation. They discuss Sherrilyn's thought-provoking piece this month in the New York Review of Books, which opens out into a big-picture discussion of what this Supreme Court's tendency to reach out and grab cases, and erase trial records, or fill in the blanks on standing, even on claims, means for whose voices are heard at the highest court in the land, and who merits consideration in its decisions.   In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about oral arguments in the big elections case concerning the Independent State Legislature Theory (Moore v. Harper), and in the Oregon wedding website case that threatens civil rights public-accommodations law (303 Creative), plus the Washington right-wing party circuit's special guest du jour, Justice Brett Kavanaugh.  Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

When Christian conservatives lost in Masterpiece Cake Shop back in 2018, they regrouped and picked up the trail of breadcrumbs from Justice Clarence Thomas' dissent that suggested a freedom of speech approach. Next week, the Supreme Court will hear arguments in 303 Creative v Elenis - another case that takes aim at Colorado's anti discrimination laws. This time, arguments about whether a website designer has the right to advertise that she will not design websites for same-sex weddings, will be focused on freedom of speech. But as this week's guest, Hila Keren, argues, excluding people from the marketplace and humiliating them in the process is not a matter of free speech, and it is a matter progressives have been largely silent about. Together, Dahlia Lithwick and Professor Keren dig deep into a case that hasn't been given the attention its potential wide-ranging consequences demand.  In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about another big case - this past week's arguments in US v Texas, including brazen judge-shopping, nationwide injunction-slapping, and President Biden's immigration policy. Then Mark explains exactly what is - and isn't - in the same sex marriage bill that's making its way to President Biden's desk.  Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

When the New York Times built on previous reporting in Politico and Rolling Stone  about an evangelical christian ministry that sought to sell access to and influence Supreme Court Justices with fancy dinners and donations, the Hobby Lobby leak dominated the headlines. But there is so much more to this story. To discuss how the headlines fit into a larger narrative of dark money and a captured court, Dahlia Lithwick is joined by Senator Sheldon Whitehouse of Rhode Island. Senator Whitehouse is Chairman of the Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action, and Federal Rights and co-author of The Scheme: How the Right Wing Used Dark Money to Capture the Supreme Court. See also: The Supreme Court Ethics and Recusal Transparency Act.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

“A Kitchen Sink Approach to Constitutional Claims” On this week's Amicus, - the case that threatens the Indian Child Welfare Act, but also threatens domino effects on tribal sovereignty and land rights. Dahlia Lithwick is joined by Rebecca Nagle, a Cherokee writer, advocate & language learner. Nagle is host of This Land podcast. Season 2 of the podcast was a deep and broad investigation into the background of the case at hand. Maggie Blackhawk also lends her expertise to the discussion, Professor Blackhawk (Find du Lac Band of Lake Superior Ojibwe) is professor of law at NYU and an award-winning interdisciplinary scholar and teacher of constitutional law, federal Indian law, and legislation, Together, they delve through a veritable grab bag of constitutional challenges from the plaintiffs in Brackeen v Haaland. Listen up, you're about to learn a lot, we did.  In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about how a Georgia judge overturned that state's abortion ban, President Biden's record and prospects for confirming judges, and death penalty cruelty on the shadow docket again.    Sign up for Slate Plus now to listen and support our show.  Want a behind-the-scenes look at how we create the show? Check out Slate's Pocket Collections for research and reading lists, as well as additional insights into how we think about the stories behind the episodes.  Dahlia's book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Professor Cara McClellan, former counsel at NAACP LDF, and founding Director of the Advocacy for Racial and Civil Justice Clinic, at University of Pennsylvania Carey Law School. Professor McClellan takes us through an extensive trial record largely ignored in oral arguments at SCOTUS this past week.  Then, Dahlia is joined by David Rothkopf whose book, American Resistance: The inside story of how the deep state saved the nation, details the folks who stuck around and tried to hold the line during the Trump years, and what we can learn from them.  In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the judges pushing back in gun cases post Bruen, and the lower courts defying Supreme Court precedent as they seek to curtail LGBTQ rights.  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 Judge Michael Luttig for the definitive conversation on a giant elections case now on the calendar at the Supreme Court. Moore v Harper is a North Carolina redistricting case that is also a vehicle for the Independent State Legislature Theory - a so-called doctrine that could radically re-order democracy in America. Judge Luttig - a stalwart of conservative legal circles for decades - will argue the case as co-counsel alongside former Acting Solicitor General under Obama, Neal Katyal.  In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the blossoming of bonkers gun cases in the wake of last term's SCOTUS decision in Bruen, a big case concerning consumer protections and much more…  Dahlia's new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is on the road with Amicus and Lady Justice. In this bonus episode, she's joined by Loyola Law Professor, legal commentator and columnist Jessica Levinson for a conversation about what we can learn from the women lawyers who held the line during the Trump years, and how to respond to the steady drum beat of “Lock Her Up” threatening women around America today.  The conversation is available in full for Slate Plus members.  Dahlia's new book Lady Justice: Women, the Law and the Battle to Save America,  Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. :https://books.supportingcast.fm/lady-justice 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 content on many shows—you'll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by two key players from this week's consequential voting rights cases at the US Supreme Court. The NAACP Legal Defense and Educational Fund's senior counsel Deuel Ross argued part of Merrill v Milligan at the High Court on Tuesday, and Evan Milligan of Alabama Forward is the named plaintiff in one of a pair of cases that argued that Alabama's congressional maps are racially gerrymandered in violation of Section II of the Voting Rights Act. They take listeners inside the arguments, and provide vital context for the challenges faced by residents of Alabama's Black Belt in accessing healthcare, infrastructure and not coincidentally, political representation.  Next, Dahlia is joined by Sam Sankar, Senior Vice President of Programs at Earth Justice to discuss what went down in Sackett v EPA, a case argued Monday that could have wide-ranging effects on the waters and wetlands of the United States.  In this week's Amicus Plus segment, Dahlia is joined by Mark Joseph Stern to talk about the new dynamics of arguments with Justice Ketanji Brown Jackson taking her seat at the High Court, the conservative reaction to their favorite text and history rubric being applied by the first African American woman on the court (huh, they don't love it?), and what to expect from a new filing in the Mar A Lago investigation that's on its way to 1, First Street. Sign up for Slate Plus now to listen and support our show.  Dahlia's new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Slate's Mark Joseph Stern and Jay Willis of Balls and Strikes for a preview of the big cases headed our way this Supreme Court term. They tackle cases concerning voting rights, indigenous rights, environmental protection and affirmative action, before turning their attention to the tricky business of covering a court that is radically changed and how the traditionally deferential Supreme Court press corps needs to update its methods and reporting in response. Dahlia's new book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25% discount by going to slate.com/justice and entering the code “AMICUS” at checkout. 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 content on many shows—you'll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick's new book Lady Justice: Women, the Law and the Battle to Save America, tells the story of the women lawyers who stood up to Trump and stood up for those unseen and unrepresented by a brutal presidency, and the stories of the women who will fight on in the wake of life-altering decisions from a radicalized Supreme Court. Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Mark Joseph Stern for a romp through the jurisprudential headlines. It's been a week. Highlights include: Donald Trump's legal woes in the Mar-a-Lago classified documents investigation, and at the hands of New York Attorney General Letitia James' civil suit.  Then, we're live at Politics and Prose in Washington DC, with a conversation between Dahlia Lithwick and Professor Michele Goodwin about women, the law and the rule of law. They discuss Dahlia's new book Lady Justice: Women, the Law and the Battle to Save America, the day Dahlia decided to stop covering the Supreme Court from the inside, what the law can do for justice, and what it can't. Lady Justice is also available as an audiobook, and Amicus listeners can get a 25% discount by entering the code “AMICUS” at checkout. :https://books.supportingcast.fm/lady-justice 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 content on many shows—you'll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. In this week's Amicus Plus segment, Dahlia and Slate's Mark Joseph Stern also delve into retired Supreme Court Justice Stephen Breyer's comments about Dobbs and the court's legitimacy, and the death penalty decision that came down Thursday and what it tells us about Justice Amy Coney Barrett's jurisprudence.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia Lithwick is joined by Roberta Kaplan, who along with co-counsel Karen Dunn brought a successful civil suit against twenty-four neo-Nazi and white supremacist leaders responsible for organizing the racial- and religious-based violence in Charlottesville in August 2017. They discuss how the KKK Act of 1871 applied to discord channels and now January 6th defendants. And they explore the complicated relationship women find themselves in with the law in this moment, as defenders of rights but also as constitutional afterthoughts. Dahlia Lithwick's new book is Lady Justice: Women, the Law and the Battle to Save America. 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 content on many shows—you'll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 content on many shows—you'll also be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work. Learn more about your ad choices. Visit megaphone.fm/adchoices

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 Shreck. Shreck 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 implications of the court taking up Moore v. Harper, which is all about the Independent State Legislature theory.  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 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/adchoices

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.fm/adchoices

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