On Monday, the Supreme Court heard arguments in McCrory v. Harris and Bethune-Hill v. Virginia Board of Elections, two challenges to Republican gerrymandering efforts that resulted in the creation of majority-minority voting districts. At issue is whether lawmakers in Virginia and North Carolina were motivated primarily by racial considerations or only secondarily so. Marc Elias, the lawyer who represented the challengers in both cases, joins us to explain why the distinction is so critical. We ...
Dec 10, 2016•40 min•Transcript available on Metacast Just a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the Constitution. The past few weeks have brought talk of Muslim registries, jail time for flag burners, restrictions on voting and the sweet mystery of the Emoluments Clause. This week, we sit down with U.S. Senator Chris Coons to discuss how much of this talk we should take seriously, and where the true threats to Americans’ constitutional protections lie. We also speak wit...
Nov 30, 2016•37 min•Transcript available on Metacast In the days leading up to Election Day, conservative legal scholar Orin Kerr explained why he would be crossing the aisle to vote for a Democrat. On this episode, he tells us why the prospect of a President Trump frightened him so much, and what we can expect in the way of checks and balances on executive power for the next four years. We also speak with Garrett Epps, who wrote in The Atlantic this week that Trump is “a figure out of authoritarian politics, not the American tradition.” Epps obse...
Nov 12, 2016•27 min•Transcript available on Metacast In the wake of the Supreme Court’s 2013 decision in Shelby County v Holder, many states made changes to their voting laws that may disproportionately harm minorities. This week, lawyers in Ohio filed an emergency motion with the Supreme Court requesting a suspension of voting restrictions in their state. One of those lawyers, Subodh Chandra, joins us to explain why. We also speak with Wendy Weiser, director of the Democracy Program at the Brennan Center for Justice, about the potential impact of...
Oct 29, 2016•44 min•Transcript available on Metacast After President Obama nominated Merrick Garland to the Supreme Court in March, there was widespread speculation that opposing his confirmation hearings could have political costs for Republican senators. But seven months later, it’s not clear how much the GOP’s continued obstructionism will matter to voters next month. On this episode, we discuss Obama’s handling of the Supreme Court vacancy with White House Counsel Neil Eggleston and Brian Deese, Senior Adviser to the President. We also take a ...
Oct 14, 2016•46 min•Transcript available on Metacast The 2016 Supreme Court term gets underway next week, but don’t get too excited. Eager to avoid any more 4-4 split decisions, the eight remaining justices have cobbled together a caseload that steers clear of the big social questions that defined the court’s past two terms. SCOTUSblog founder and publisher Tom Goldstein joins us for our annual survey of what’s ahead. We also speak with former federal judge Shira Scheindlin. In 2013, she ruled that stop-and-frisk tactics were being used unconstitu...
Oct 01, 2016•46 min•Transcript available on Metacast We kick off a brand new season of our podcast with an episode devoted to the member of the Supreme Court bench who has garnered by far the most headlines since our last episode. That’s right, it’s the slavish fangirl edition of Amicus, in which we cave to the pressure of our listeners and fête the woman who had the temerity to call Donald Trump a “faker” this past July. Joining us to discuss the cultural phenomenon that is Justice Ruth Bader Ginsburg is MSNBC national reporter Irin Carmon, co-au...
Sep 17, 2016•41 min•Transcript available on Metacast On Monday, the Supreme Court invalidated two provisions of Texas’ omnibus abortion law known as HB2. The 5-3 decision in Whole Woman’s Health v. Hellerstedt was a big win for abortion rights advocates, many of whom expected things to turn out the other way. On today’s show, we speak with Amy Hagstrom Miller, founder and CEO of the abortion provider that challenged the Texas law. We also sit down with Slate’s own Mark Joseph Stern to recap the highlights – and lowlights – of one a Supreme Court t...
Jul 02, 2016•1 hr 2 min•Transcript available on Metacast Marriage equality. Voting Rights. Obamacare. These are among the many enormously consequential causes that have fallen to Donald Verrilli to defend at the Supreme Court over the past five years. On this week’s episode, he looks back on some of the highlights – and lowlights – of his term as U.S. Solicitor General. We’re also joined by Sherrilyn Ifill, President of the NAACP Legal Defense Fund, to discuss this week’s big affirmative action win at the Supreme Court. Many court-watchers were surpri...
Jun 25, 2016•55 min•Transcript available on Metacast Much of the legal world’s attention was focused this week on Donald Trump’s attacks on Gonzalo Curiel, the federal judge presiding over the Trump University fraud cases in California. The outrage centered on Trump’s insistence that the fact of Curiel’s Mexican ancestry should disqualify him from the case, considering Trump’s declared intent to build a border wall. We discuss Trump’s stance – and its historical antecedents – with Deborah Rhode, founding director of Stanford University’s Center on...
Jun 11, 2016•54 min•Transcript available on Metacast Despite many appearances to the contrary, Supreme Court Justice Stephen Breyer this week told an interviewer that the Court has not been diminished by the Senate’s inability to fill its empty seat. On this episode, Dahlia considers that claim with The Atlantic’s Garrett Epps. She is also joined by legal scholar Jonathan Adler, who weighs in on Donald Trump’s recently released shortlist of potential Supreme Court nominees. Adler counts himself among the conservatives who are deeply troubled by th...
May 28, 2016•44 min•Transcript available on Metacast Dahlia sits down with Tony Mauro of the National Law Journal to listen to highlights from the Supreme Court’s 2015 term. And she speaks with Politico’s Josh Gerstein about recent non-developments in the non-confirmation of SCOTUS nominee Merrick Garland. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Plea...
May 14, 2016•44 min•Transcript available on Metacast This week, the Supreme Court heard arguments in McDonnell v. United States, an appeal of the 2014 corruption conviction of Virginia’s former governor. The facts of the case read a bit like a reality show, with Gov. Bob McDonnell and his wife affording access to a wealthy businessman in exchange for Rolex watches, fancy ball gowns and expensive golf clubs. But on this episode of the podcast, former federal judge Nancy Gertner argues that prosecutors interpreted an anti-corruption law too broadly....
Apr 30, 2016•32 min•Transcript available on Metacast Dahlia previews United States v. Texas – this week’s big immigration case – with Brianne Gorod of the Constitutional Accountability Center. She also hears from Sen. Al Franken about the latest in the standoff over Obama’s SCOTUS nominee, Merrick Garland. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Plea...
Apr 16, 2016•36 min•Transcript available on Metacast More than two weeks have passed since President Obama tapped Merrick Garland to fill Antonin Scalia’s vacant seat on the Supreme Court. But while their rationale has shifted somewhat, Senate Republican leaders remain as firm as ever in their refusal to hold confirmation hearings for the nominee. On this week’s episode, University of Chicago Law School professor Geoffrey R. Stone joins us to explain why the GOP’s intransigence is so threatening to the core institutions of federal government. You ...
Apr 02, 2016•37 min•Transcript available on Metacast This week, the Supreme Court heard arguments in Zubik v Burwell, the latest challenge to the Affordable Care Act. This time, a group of religious non-profits are challenging the government’s accommodation for employers who don’t want to have anything to do with providing birth control to their workers. Dahlia speaks with Paul Clement, who argued the case for the plaintiffs, and Walter Dellinger, who supports the government's position. You can listen to past episodes of Amicus here. Transcripts o...
Mar 26, 2016•47 min•Transcript available on Metacast It was a big week at SCOTUS, as a newly-balanced Court turned to Whole Woman’s Health v. Hellerstedt, its first abortion case in nine years. We discuss the case with legal scholar Pamela Karlan and listen to some highlights from oral arguments. Amicus is sponsored by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a 100-day period. And get 50 dollars toward any mattress purchase by visiting Casper.com/amic...
Mar 06, 2016•48 min•Transcript available on Metacast A week after the death of Justice Antonin Scalia, his former clerk Rachel Barkow shares fond memories of a mentor with whom she didn’t always agree politically. And legal scholar Akhil Reed Amar explains why Scalia didn’t always remain true to his originalist principles. You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial...
Feb 20, 2016•52 min•Transcript available on Metacast The sudden death on Supreme Court Justice Antonin Scalia on Saturday has unleashed huge shockwaves in both the presidential race and the legal community. Luckily, Slate has podcasts covering both areas. In this special joint episode, Amicus host Dahlia Lithwick joins Political Gabfest panelists Emily Bazelon and David Plotz to look at all the possible repercussions of Scalia’s death. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments,...
Feb 15, 2016•30 min•Transcript available on Metacast On this episode, Dahlia asks why the Supreme Court has been almost absent as a campaign issue, despite the fact that the next president could have the opportunity to reshape the Court’s bench. She is joined by UC-Irvine law professor Erwin Chemerinsky. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email...
Feb 06, 2016•29 min•Transcript available on Metacast In Heffernan v City of Paterson, the Supreme Court must decide whether a government worker can be punished for a political belief his employers attribute to him – rightly or wrongly. This week, Dahlia speaks with lawyers on both sides of the topsy-turvy case. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Amicus is sponsored by Casper, an online retailer of premium mattresses for a fraction o...
Jan 26, 2016•30 min•Transcript available on Metacast This week, the Supreme Court will hear a case that could undercut the ability of public sector unions to raise money. Dahlia is joined by Cato Institute’s Ilya Shapiro and U. of Michigan’s Sam Bagenstos, who submitted briefs on opposite sides of the case. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adcho...
Jan 09, 2016•40 min•Transcript available on Metacast Dahlia speaks with attorney Mary Kathryn Nagle about Dollar General Corporation v. Mississippi Band of Choctaw Indians, a major Native American rights case argued at the Supreme Court earlier this month. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices
Dec 24, 2015•34 min•Transcript available on Metacast What is the meaning of “one person, one vote? That’s the main question in Evenwel v. Abbott, argued this week at the Supreme Court. On this episode, Dahlia speaks with Andrew Grossman and Nathaniel Persily -- experts on opposing sides of the case. She also plays a few highlights from the week’s big affirmative action case, Fisher v University of Texas at Austin. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes o...
Dec 12, 2015•47 min•Transcript available on Metacast A half-century after Brown v. Board of Education, should the Supreme Court still be in the business of integrating public schools and universities? Dahlia sits down with University of Virginia legal historian Risa Golubuff to discuss the backdrop to the term’s big affirmative action case, Fisher v University of Texas. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. You can find past episodes of our show here. This week’s excerpts from th...
Nov 28, 2015•44 min•Transcript available on Metacast Dahlia speaks with Carter Phillips, the lawyer who represented Tyson Foods at the Supreme Court this week in Tyson's attempt to dismiss a class action suit by its workers. She also considers the love-hate relationship between presidential hopefuls and the high court. Please let us know what you think of Amicus. Our email is amicus@slate.com.Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Sla...
Nov 14, 2015•35 min•Transcript available on Metacast Dahlia previews Foster v. Chatman, a Supreme Court appeal that contends with the problem of racial bias in the process of jury selection. Her guests include Stephen Bright, president of the Southern Center for Human Rights; and Glenn Ivey, a former prosecutor who has joined an amicus brief in support of the man at the center of Foster. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here.Want a transcript of this week’s episode? They’re all av...
Oct 31, 2015•45 min•Transcript available on Metacast Dahlia speaks with law professor Robert J. Smith about Montgomery v. Louisiana, a Supreme Court case that focuses on a man who has served 53 years in prison for a murder he committed as a juvenile. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, ...
Oct 17, 2015•33 min•Transcript available on Metacast As serious questions about lethal injection protocols continue to swirl, Dahlia speaks with The Marshall Project’s Andrew Cohen about where the Supreme Court currently stands on the constitutionality of the death penalty. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- memb...
Oct 10, 2015•33 min•Transcript available on Metacast Dahlia sits down with the LA Times’ David Savage to consider three of the big cases on the SCOTUS docket this fall -- and whether liberals are right to be worried about the outcomes of those cases. *********** Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by to...
Sep 19, 2015•36 min•Transcript available on Metacast 
