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, w...
May 27, 2023•53 min
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
May 26, 2023•4 min
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...
May 20, 2023•53 min
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 str...
May 13, 2023•49 min
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 i...
May 06, 2023•48 min
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...
Apr 22, 2023•1 hr 2 min
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, an...
Apr 15, 2023•35 min
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 Step...
Apr 08, 2023•1 hr 13 min
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. A...
Mar 25, 2023•49 min
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 ...
Mar 11, 2023•51 min
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. S...
Feb 25, 2023•55 min
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 up...
Feb 11, 2023•52 min
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 b...
Jan 28, 2023•40 min
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 the State and Local Enforcement Project at Harvard Law School’s Center for Labor and a Just Economy, to discuss what...
Jan 14, 2023•1 hr 14 min
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, ...
Dec 31, 2022•53 min
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...
Dec 17, 2022•57 min
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 ...
Dec 03, 2022•58 min
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 Ch...
Nov 23, 2022•33 min
“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, Professo...
Nov 19, 2022•1 hr 4 min
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 ...
Nov 05, 2022•1 hr 11 min
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 O...
Oct 22, 2022•57 min
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 Batt...
Oct 18, 2022•11 min
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...
Oct 08, 2022•1 hr 6 min
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’...
Oct 01, 2022•1 hr 3 min
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.supportingca...
Sep 26, 2022•11 min
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 Jus...
Sep 24, 2022•1 hr 1 min
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 ...
Sep 17, 2022•46 min
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...
Sep 10, 2022•48 min
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
Aug 27, 2022•53 min
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 Jud...
Aug 13, 2022•1 hr 1 min