Amicus With Dahlia Lithwick | Law, justice, and the courts - podcast cover

Amicus With Dahlia Lithwick | Law, justice, and the courts

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A show about the law and the nine Supreme Court justices who interpret it for the rest of America. Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

Episodes

The Supreme Court’s Role in Police Violence

Dahlia Lithwick is joined by Dean Erwin Chemerinsky of Berkeley Law School at the University of California to discuss a pair of brief opinions from the Supreme Court on qualified immunity for the police that came down this week. They hint that the high court may be ready to expand police immunity from lawsuits. Dean Chemerinsky’s new book, Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, offers in-depth analysis of a legal regime in which, as he puts it “Th...

Oct 23, 20211 hr 7 min

The Trump Court and the Roberts Court

Dahlia Lithwick is joined by Professor Lee Epstein, who studies judicial behavior using empirical legal research, to try to figure out what’s unprecedented partisanship and what’s clumsy PR from the justices as we embark upon a hugely consequential new Supreme Court term. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to talk about Justice Alito’s press-baiting speech last week, what’s happening with SB8, and to discuss whether we’re seeing some signs of accountability for some of the...

Oct 09, 202151 min

The Supreme Court’s Charm Offensive

Dahlia Lithwick is joined by Melissa Murray, Leah Litman, and Kate Shaw of the Strict Scrutiny podcast for a special Supreme Court term kick-off panel recorded at the Texas Tribune Festival. They tackle the big-ticket items facing the high court: abortion, guns, and maybe affirmative action. They also discuss the court’s struggle to shore up its legitimacy in the middle of a hard-right turn. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to thrash out what on earth is going on in all ...

Sep 25, 202142 min

The Legal Repercussions of the War on Terror

This weekend marks the 20th anniversary of 9/11, and as the withdrawal from Afghanistan dominates the headlines, so does the conversation about the forever war and its implications. Dahlia Lithwick is joined by Baher Azmy, the legal director of the Center for Constitutional Rights. Azmy has been challenging the U.S. government repeatedly over the past two decades, litigating matters from the rights of Guantanamo detainees, to discriminatory policing practices, to government surveillance, to the ...

Sep 11, 202157 min

Abortion, Surveillance, and Vigilantism : An American Story

Urgent times call for urgent conversations as Professor Michele Goodwin and Rebecca Traister join Dahlia Lithwick for an emergency Amicus to discuss what’s new and what’s very old about SB 8, the law that allowed Texas to functionally overturn Roe v Wade. They also unpack what it really means when five justices on the Supreme Court hold up their hands as if to say “nothing we can do.” Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 03, 20211 hr 5 min

Pauli Murray: Lawyer, Poet, Priest, Trailblazer

Dahlia Lithwick is joined by My Name Is Pauli Murray directors, Betsy West and Julie Cohen, and by Professor Patricia Bell-Scott, a consulting producer on the film and professor emerita of women’s studies and human development and family science at the University of Georgia. Professor Bell-Scott’s biography, The Firebrand and the First Lady: Portrait of a Friendship: Pauli Murray, Eleanor Roosevelt, and the Struggle for Social Justice,won the Lillian Smith Book Award. In our Slate Plus segment, ...

Aug 28, 20211 hr 4 min

The Lawlessness of Property and Ownership

Dahlia Lithwick is joined by Professor Michael Heller, one of the authors of Mine! How the Hidden Rules of Ownership Control Our Lives, for the latest installment of Amicus’ summer season of episodes exploring books and films about the law. Podcast production by Sara Burningham. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Aug 14, 20211 hr 4 min

“Braided In”: The Second Amendment and Anti-Blackness.

Continuing Amicus’ summer season of deep dives into books, films, and ideas beyond the confines of the Supreme Court chamber, Dahlia Lithwick is joined by historian and chair of African American studies at Emory University professor Carol Anderson to talk about her book The Second. They discuss the long anti-Black history of gun laws in the United States and how race defines gun rights today. Podcast production by Sara Burningham. Sign up for Slate Plus now to listen and support our show. Learn ...

Jul 31, 202157 min

A To-Do List for Senate Democrats

In the first of Amicus’ summer season of conversations, Dahlia Lithwick tackles one of the major challenges of this moment: how to fix American democracy. Dahlia is joined by the Nation’s Elie Mystal and former chief of staff for Sen. Harry Reid and author of Kill Switch, Adam Jentleson. In a discussion that was taped as part of the Crosscut Festival, they discuss the filibuster, voting rights and court reform––and whether the Biden administration has left it too late to tackle all three. Podcas...

Jul 17, 202154 min

An Elegy for the Voting Rights Act

A Supreme Court brain trust gathers for this year’s Amicus Breakfast Table. Dahlia Lithwick is joined by Melissa Murray, professor at NYU School of Law and co-host of the podcast Strict Scrutiny; Jeffrey Fisher, Stanford Law School professor and co-director of Stanford’s Supreme Court Litigation clinic; Perry Grossman*, senior staff attorney at the New York Civil Liberties Union’s Voting Rights Project; and of course, Slate’s own Mark Joseph Stern. Together, they analyze the shape of the court a...

Jul 03, 20211 hr 8 min

Fulton: Bigger Than We Thought?

As the big decisions for the term start to cascade down from the high court, Dahlia Lithwick is joined by one of the nation’s foremost thinkers and writers about the Supreme Court: Dean Erwin Chemerinsky of Berkeley Law School. Together, they unravel the ruling on the Affordable Care Act, try to discern the significance of the unanimous decision in Fulton, and Dean Chemerinsky outlines why he’s calling on Justice Stephen Breyer to step down. In our Slate Plus segment, Mark Joseph Stern explains ...

Jun 18, 202147 min

From the Snapchat Cheerleader to Katie Porter’s Whiteboard

Dahlia Lithwick and Slate’s Mark Joseph Stern offer analysis of the big decisions due from SCOTUS any minute, and Dahlia hosts a conversation with Rep Katie Porter about the need for laws to shore up toppled norms. In our Slate Plus segment, Mark returns to discuss the Stanford law student targeted by the Federalist Society. Nicholas Wallace nearly missed out on getting his diploma after fellow law students and the university mistook satire for defamation. Also Mark and Dahlia are getting “free ...

Jun 05, 20211 hr 21 min

The Return of The Waves!

Hi Amicus listeners. Some of you might be familiar with The Waves, Slate’s podcast about feminism and gender, which has been around for years in various forms. The Waves went on hiatus at the beginning of the COVID pandemic, but I’m glad to say that it is back. Every Thursday, you’ll find a new episode in your feed, looking at the news and culture through the lens of gender. We thought Amicus listeners would enjoy this week’s episode, featuring a conversation between Slate's Christina Cauterucci...

May 29, 202134 min

The Conservative Legal Project Comes Home to Roost

Dahlia Lithwick is joined by two independent abortion providers, Amy Hagstrom Miller of Whole Women's Health and Tammi Kromenaker of Red River Women's Clinic, to share their reactions to two huge pieces of news in reproductive rights and health this week: the Supreme Court’s Dobbs grant, and SB8 in Texas. Then, Ian Milhiser of Vox and Sen. Sheldon Whitehouse of Rhode Island join Dahlia to discuss the courts and democracy, and why Clarence Thomas may be the most consequential justice for a genera...

May 22, 20211 hr 20 min

Rudy and the Death of Truth

Dahlia Lithwick is joined by Preet Bharara, former U.S. Attorney for the Southern District of New York, host of Stay Tuned with Preet, and author of Doing Justice. Bharara gives an insider’s view of Rudy Giuliani’s current plight, they also discuss this week’s ruling from a federal judge rebuking former attorney general Bill Barr. If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slo...

May 08, 20211 hr

The Verdict, the Video, and the Unreasonable Burden of Proof.

In the wake of the conviction of former police officer Derek Chauvin in the murder of George Floyd, journalism professor Allissa Richardson joins Dahlia Lithwick to discuss what it is to bear witness while Black in America, and why the media needs to stop airing the videos. (This is the interview with Vanita Gupta that Dahlia mentions. In our Slate Plus segment, Mark Joseph Stern and Dahlia probe the duplicity at the high court in this week's shocking juvenile life without parole decision, why j...

Apr 24, 20211 hr 3 min

Why Are Republicans Upset About Corporate Free Speech All of a Sudden?

Dahlia Lithwick is joined by Professor Ciara Torres-Spelliscy, a Brennan Center fellow and professor at Stetson University, to discuss how, when it comes to corporate influence over politics, money talks - but should it actually speak? From Georgia boycotts to campaign finance, and Mitch McConnell’s apparent new take on Citizens United. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss Justice Clarence Thomas’ anti-big-tech energy, why progressives need to stop pressuring Just...

Apr 10, 202159 min

Woulda, Coulda SCOTUS

Dahlia Lithwick is joined by Adam Cohen to talk about Supreme Inequality: The Supreme Court’s Fifty-Year Battle for a More Unjust America, and whether Merrick Garland should heed calls to reinvestigate Justice Brett Kavanaugh. In our Slate Plus segment, Mark Joseph Stern on Cedar Point Nursery v Hassid, the big union case before the court this week, guns at the 9th Circuit, and Georgia’s vote-suppression legislation push. Sign up for Slate Plus now to listen and support our show. Podcast product...

Mar 27, 202155 min

Live From SXSW, With Sen. Jeff Merkley

Dahlia Lithwick is joined by Sen. Jeff Merkley of Oregon to discuss voting rights, democratic reform, and what it will take to get the For the People Act through Congress. This conversation was recorded as part of this year’s SXSW. Slate Plus members have access to the whole interview. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mar 20, 202111 min

“An Injury To Their Electoral Prospects”

Dahlia Lithwick is joined by Jessica Ring Amunson, who argued Brnovich v DNC at the Supreme Court this month, to take us inside the arguments and the key questions, and also to look at the wider landscape for voting rights. Then Dahlia’s joined by Jamal Greene who says Americans’ thinking about rights is all wrong, as they discuss his new book How Rights Went Wrong: Why Our Obsession With Rights Is Tearing America Apart. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to thrash out the...

Mar 13, 20211 hr 17 min

First Amendment Fallacies

Dahlia Lithwick is joined by Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, to try to unpack how the First Amendment has become the answer to everything and yet actually applies to so few of the speech issues we face. In our Slate Plus segment, Mark Joseph Stern takes a look at Justice Clarence Thomas’ dissent this week that sounded a lot like an endorsement of the Big Lie of 2020: Just because there’s no evidence of voter fraud, doesn’t mean it...

Feb 27, 202146 min

Impeachment’s Message and Meaning

Dahlia Lithwick is joined by renowned communications researcher and campaign adviser Anat Shenker-Osorio to talk about the messaging of impeachment outside the lens of the law. Then, Bob Bauer, former White House counsel under President Barack Obama and senior adviser to the 2020 Biden campaign, joins Dahlia to discuss the significance of this impeachment as a legal matter, and the next steps needed when the trial ends (in acquittal). In our Slate Plus segment, Mark Joseph Stern on the guessing-...

Feb 13, 20211 hr 26 min

Inside Impeachment

Dahlia Lithwick is joined by Daniel Goldman, who spearheaded the first round of impeachment hearings in the House in December 2019 as the senior adviser and director of investigations for the U.S. House of Representatives Permanent Select Committee on Intelligence. They examine what impeachment last time can teach us about impeachment this time, and why we’ve got to stop thinking like lawyers when it comes to the Senate trial. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss ...

Jan 30, 202156 min

The Domestic Terror Arm of MAGA

Dahlia Lithwick is joined by Juliette Kayyem, former assistant secretary at the Department of Homeland Security under President Barack Obama, currently serving as the faculty chair of the homeland security program at Harvard’s Kennedy School of Government, to look at the violent extremist elements of the MAGA movement and how counterterrorism tools can inform the response to the attack on the Capitol and President Trump’s “stochastic terrorism.” In our Slate Plus segment, Mark Joseph Stern joins...

Jan 16, 202145 min

The Predictability is Part of the Tragedy

Dahlia Lithwick is joined by Joshua Geltzer, a former senior director for counterterrorism at the National Security Council under President Barack Obama and the founding executive director of the Institute for Constitutional Advocacy and Protection at Georgetown Law. He also wrote this piece in February of 2019. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan 09, 202155 min

Truth, Reconciliation, and Korematsu v. United States

The incarceration of tens of thousands of Japanese Americans in the 1940s is one of the most shameful acts in American history. Dahlia Lithwick is joined by Judge Edward M Chen and Don Tamaki, members of the legal team that worked to clear Fred Korematsu’s name almost 40 years after his conviction, to discuss the overlooked context, corruption, and cover-up that enabled the policy, and to examine how the Supreme Court has yet to fully contend with the legacy of Korematsu v United States. They al...

Jan 02, 20211 hr 8 min

Justice Breyer, In His Own Words

Dahlia Lithwick talks to Justice Stephen Breyer of the US Supreme Court for a Slate Plus exclusive, as part of Slate’s 80 over 80 coverage. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dec 22, 20206 min

How Amy Coney Barrett is Already Making a Mark on the Court

Dahlia Lithwick is joined by Michigan Secretary of State Jocelyn Benson to talk about lessons learned from this election cycle, and what it’s like to be in the eye of the “unleash the kraken” storm. Next, Dahlia talks with Professor Steve Vladeck of the University of Texas School of Law about Bill Barr’s departure from the Justice Department, and they try to shed some light on the latest signals emerging from the Supreme Court’s shadow docket. In our Slate Plus segment, Mark Joseph Stern joins D...

Dec 19, 202057 min

Trump’s Pardonpalooza

Dahlia Lithwick is joined by Jack Goldsmith, Harvard Law professor, senior Hoover Institution fellow, co-founder of the Lawfare blog, and co-author (with Bob Bauer) of After Trump: Reconstructing the Presidency. They unpack the presidential pardon power and try to figure out what Attorney General Bill Barr is up to with John Durham’s investigation of the investigation into the 2016 election. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to analyse what’s been happening at the Supreme...

Dec 05, 202058 min

“How Does This End Well?”

Dahlia Lithwick is joined by Joshua Matz to talk election lawsuits, Trump’s lawyers, Big Law, and whether the Biden administration will put “healing” ahead of justice in the post-Trump era. In our Slate Plus segment, Mark Joseph Stern joins Dahlia to try to calibrate alarm about Michigan officials talking to the White House about certifying and uncertifying results. Plus, Amy Coney Barrett’s first SCOTUS vote on the death penalty and the State Supreme Court race in North Carolina that you might ...

Nov 21, 20201 hr 1 min