This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. ROTATING RED LIGHT!!! The Supreme Court ruled early Monday that alleged insurrectionist D...
Mar 04, 2024•8 min
It was a wild week at the High Court (another seven days crammed with a year’s worth of news). SCOTUS heard cases about bump stocks, and how Clarence Thomas and Samuel Alito would do as Facebook content moderators. The Supreme Court also finally found the time to put a thumb on the scale for serially indicted alleged insurrector-in-chief former President Donald J Trump. We’ll talk about all those things with Slate’s very own Mark Joseph Stern. But what we’re really focused on this week is the Al...
Mar 02, 2024•1 hr 2 min
Dahlia Lithwick is drinking from the firehose of legal news again and this week is joined by election law professor Rick Hasen to figure out why we’re all still hanging on for the Supreme Court to make a call in former President Donald J Trump’s sweeping claim to immunity from prosecution over the events of January 6th, how Americans could actually achieve a real right to vote, and why no-one’s paying attention to a pair of incredibly consequential social media cases being argued at SCOTUS next ...
Feb 24, 2024•55 min
The future of the Fulton County, Georgia election subversion case against Donald J. Trump and many many accused co-conspirators was cast into doubt this week as the court saw evidentiary hearings in the defence’s motion to disqualify Fulton County AG Fani Willis. Dahlia Lithwick is joined by Slate’s chief Law of Trump correspondent Jeremy Stahl to discuss why, even with a very high bar for removing Willis from the case, the court was dragged through some tawdry details that are bound to come bac...
Feb 17, 2024•54 min
Oral arguments at the Supreme Court Thursday in Trump v. Anderson revealed a lot about some of the justices’ commitment to the primacy of originalism. Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, joins Dahlia Lithwick to discuss why his organization took up and pursued the long shot case to try to keep former President Donald J Trump off the ballot in Colorado. While the Supreme Court appeared to have little appetite for taking the big swing to find that Tr...
Feb 10, 2024•54 min
Subscribe to Slate Plus to unlock the full version of this emergency episode. After weeks of waiting, the DC Circuit Court of Appeals has handed down a decision in Donald J Trump’s appeal for sweeping immunity from prosecution for any of his actions while in office on grounds of a kind of post-presidential enduring presidenty-ness. The panel of three judges wrote: “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the ...
Feb 06, 2024•7 min
There haven’t been that many insurrections in the United States, which means the case law ahead of next week’s arguments in Trump v. Anderson (the 14th Amendment, Section 3 disqualification case) is pretty thin. And so we, and presumably the justices, must rely on text and history to understand the intent of the drafters of the Reconstruction Amendments. Civil war and reconstruction historian Professor Manisha Sinha, signatory of one amicus brief and cited in another, explains that the history i...
Feb 03, 2024•54 min
Despite Donald Trump’s efforts, there will be a significant cost for his continued defamation of E. Jean Carroll (And it’s $83.3 million!!). For much of the proceedings he sat behind Carroll muttering under his breath and posting three-dozen times on Truth Social in one night about the unfairness of the judge and the court. But zoom out, and Trump’s actions at the trial and toward women generally have far bigger implications than the size of the check he’ll have to write. This week, Vanity Fair’...
Jan 27, 2024•36 min
The immigration fight on the U.S. - Mexico border keeps getting uglier - not between the U.S. and its southern neighbor, Mexico, but between the federal government and a Texas administration apparently unconcerned by constitutional supremacy. Earlier this month, members of the Texas Military Forces took over a public park in Eagle Pass, TX at the behest of Gov. Greg Abbott. The park, on the banks of the Rio Grande, is near a frequently used border crossing. Last weekend, Texas forces blocked Fed...
Jan 20, 2024•51 min
There’s an ever-growing queue of cases concerning Donald Trump headed for the Supreme Court that threaten to further dent the legitimacy of an institution that has tumbled in the public’s estimation in the last few years. This week’s show examines some of the interlocking issues raising the already sky-high stakes at One, First Street. First, Dahlia Lithwick kicks off the show with an update from Slate’s Law of Trump chief correspondent Jeremy Stahl about arguments in Trump’s immunity appeal at ...
Jan 13, 2024•1 hr 4 min
On January 6, 2021, supporters of Donald J Trump stormed the U.S. Capitol building hoping to stop Joe Biden from becoming president. Three years later, a quarter of Americans believe the FBI instigated the events of that day. This week on Amicus, we’re trying to understand the myth-making that helped foment the riot, and the religious fervor that binds and buoys Trump’s supporters today. Dahlia Lithwick is joined by Jeff Sharlet, author of “The Undertow: Scenes From a Slow Civil War” to explore ...
Jan 06, 2024•58 min
From the Chief Justice seeing the funny side of stalking and harassment, to Justice Samuel Alito’s tiny violin, to fighting in the footnotes and a bench dissent snapback, to THAT painting, it’s been quite a year at One, First Street. Dahlia Lithwick and Mark Stern are back with their bottom 10 picks for the Supreme Court’s worst moments of 2023. But don’t despair, there is a glimmer of hope, one part of the SCOTUS beat sucked less this past year… Stay tuned to hear Dahlia and Mark reveal what fa...
Dec 30, 2023•56 min
This week, the Colorado Supreme Court determined in a pivotal decision that Donald J Trump should not appear on the ballot in the state's Republican primary. Meanwhile the high court is already involved in the possible briefing of another Trump case (about presidential immunity) and has agreed to docket another involving the obstruction of the vote certification on Jan 6 2021. And we haven’t even mentioned the Georgia case. Basically, Trump is going to have a very lawyer-y 2024. So where do all ...
Dec 23, 2023•45 min
Earlier this week, the Texas Supreme Court said Kate Cox couldn’t have an abortion.Cox’s doctors had diagnosed the fetus with Trisomy 18, an almost certainly fatal genetic condition. On top of that, there were concerns about whether or not Cox would be able to have children again in the future if she continued with this pregnancy. None of this was enough for nine judges in Texas to allow Cox to have an abortion. Cox’s story isn’t unique. Amanda Zurawski almost died after a Texas court said she c...
Dec 16, 2023•1 hr 1 min
When Moore v United States landed on the Supreme Court docket, it threatened to take a big swing at any future wealth tax and maybe cut the legs out from under the government’s ability to collect a lot of other tax. But as arguments unfolded Tuesday at One, First Street, it became clear that some of the Justices had studied up on the tax code and were cooling on blowing a big hole in it. To understand why Moore made it all the way up to SCOTUS in the first place, and why the facts don’t match cl...
Dec 09, 2023•49 min
Former Supreme Court Justice Sandra Day O’Connor died Friday at the age of 93. Amicus host Dahlia Lithwick is joined by former O’Connor clerk and renowned First Amendment scholar RonNell Andersen Jones to talk about the Justice’s trailblazing career, her judicial philosophy, and the combination of humility and strength that marked her time on the court, and away from it. Later in the show, Dahlia celebrates the joyous return of Mark Joseph Stern to share some big announcements AND to discuss SEC...
Dec 02, 2023•1 hr 2 min
While Amicus takes a break to digest turkey and count our blessings, we're sharing this episode of The Political Scene from our friends at The New Yorker. In recent weeks, Americans have begun to get a clearer picture of what a second Donald Trump Administration could look like. Some clues have come from organizations like the Heritage Foundation, which has laid out policy proposals for the Trump campaign. Others have come from the former President himself. Trump has said he would appoint a pros...
Nov 25, 2023•36 min
Donald J Trump is signaling a split with the conservative legal movement’s kingmakers, The Federalist Society. Instead, the presumptive Republican Presidential nominee is planning a radical (and radically lawless) remaking of American government in his image. On this week’s show, Dahlia Lithwick is joined by Amanda Hollis Brusky, professor of politics at Pomona College and author of Ideas with Consequences: The Federalist Society & the Conservative Counterrevolution, and coauthor of Separate...
Nov 18, 2023•47 min
If we are to take Donald J. Trump seriously (and at this stage it’s surely a fool’s errand not to), then the rule of law and democracy are on the line if (when) he becomes the Republican nominee for 2024. What role will the former President’s many many legal woes play in the coming months? A clearer picture is emerging after testimony for the prosecution wrapped in the civil fraud trial against Trump and his adult sons in their roles at the helm of the Trump Organization in New York City this pa...
Nov 11, 2023•1 hr 4 min
Next week, the Supreme Court will hear arguments in one of the most significant—and potentially deadly—cases of the term - United States v Rahimi. The case, a follow on from New York State Rifle & Pistol Association Inc. v. Bruen, has the potential to weaponize the court’s Second Amendment extremism against victims of domestic abuse and protect adjudicated abusers. Dahlia Lithwick is joined by gun safety advocate Shannon Watts, founder of Moms Demand Action, to find out the potential real li...
Nov 04, 2023•46 min
On this week’s show, Dahlia Lithwick is joined by Slate’s Jurisprudence Editor, Jeremy Stahl. Jeremy is also the lucky person tasked with helming Slate’s coverage of the many many criminal and civil trials of Donald J Trump and Amicus listeners can expect to hear a lot from Jeremy over the next year. After a week of big news across a number of the former President’s courtroom battles, Jeremy gives us a survey of the legal landscape and some vital pointers about what really matters, what’s nonsen...
Oct 28, 2023•53 min
As MAGA Republicans engage in extremist arm wrestling in the House Speaker race, and the sins of the 2020 election subversion scheme catch up with Donald Trump’s closest allies, Dahlia Lithwick is joined by brand new MacArthur “genius grant” recipient Ian Bassin of Protect Democracy to take a look at the stakes of this moment for American democracy. An attempt to walk and chew gum at the same time, Protect Democracy’s work focuses on the incremental ways the law can be applied to protect electio...
Oct 21, 2023•56 min
In this week’s big voting rights case, Alexander v. South Carolina State Conference of the NAACP, the Supreme Court heard arguments concerning whether to uphold a South Carolina congressional map that is avowedly partisan (everyone agrees it favors Republicans, but partisan gerrymanders are A-OK under SCOTUS precedent). What is disputed here is whether the mapmakers relied on race to reach their partisan aims. A three-judge panel in South Carolina found it to be a racial gerrymander, and threw o...
Oct 14, 2023•50 min
Following oral arguments in a case aimed at demolishing Senator Elizabeth Warren’s brainchild - the Consumer Financial Protection Bureau, Dahlia Lithwick is joined by Senator Warren to talk about how far this Supreme Court is prepared to go to fulfill right wing deregulatory fantasies. Next, Dahlia talks to investigative reporter Andrea Bernstein, part of the team behind We Don’t Talk About Leonard, a new podcast collaboration between ProPublica and On the Media. Andrea explains the mechanisms d...
Oct 07, 2023•1 hr 6 min
Refusing to play the traditional first Monday in October game, Dahlia Lithwick and Mark Joseph Stern squint through the cloud of ethics scandals enveloping the High Court to see a docket aimed squarely at unfettering commerce from outside supervision, with a side order of second amendment extremism. What could possibly go wrong? Sign up for Slate Plus now to 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 ...
Sep 30, 2023•58 min
Dahlia Lithwick is joined by Ryan Busse, a former gun-industry executive turned gun-safety advocate, who is now running for governor in his home state of Montana. As the right to bear arms for domestic abusers is set to be argued at SCOTUS this term, Dahlia and Ryan discuss how gun culture has been radicalized in order to… sell more guns. They also examine how that radicalization has reached the Supreme Court, and threatens our safety, and our democracy. Next, Dahlia is joined by Alison Block MD...
Sep 23, 2023•1 hr 14 min
Dahlia Lithwick is joined by award-winning documentarian and lawyer Dawn Porter for a conversation about two projects shining a light on the law and how we can shape it: Porter’s new Showtime documentary series Deadlocked: How America Shaped the Supreme Court, and the paperback release of Dahlia’s book Lady Justice: Women, the Law, and the Battle to Save America. Together they trace the political shifts and cultural earthquakes from the Warren Court to the Burger, Rehnquist and now Roberts Court...
Sep 16, 2023•55 min
Dahlia Lithwick is joined by Marc Elias, who has litigated more election and voting cases than almost anyone, to talk about Alabama’s disregard for SCOTUS’ decision in the big Voting Rights Act case of last term, and why the lawlessness is the point. They also delve into the dangers of tying the disqualification of former President Donald J Trump from office under Section 3 of the Fourteenth Amendment to the outcomes in his criminal trials. And why, when it comes to defending democracy, dependin...
Sep 09, 2023•52 min
In Amicus’ summer series of conversations about books that expanded our thinking about justice and the courts, beyond the churn of headlines, Dahlia Lithwick is joined by Judge Margaret M McKeown of the United States Court of Appeals for the Ninth CIrcuit, to discuss her book Citizen Justice: The Environmental Legacy of William O. Douglas―Public Advocate and Conservation Champion Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 26, 2023•57 min
In Amicus’ summer series of conversations about books that expanded our thinking about justice and the courts, beyond the churn of headlines, Dahlia Lithwick is joined by Joshua Prager to discuss his book The Family Roe: An American Story, about the unknown lives at the heart of Roe v Wade. Sign up for Slate Plus now to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices
Aug 12, 2023•55 min
