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

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A Judge, on Judging

1:04:28 | May 11th

Judges are at the center of every conversation on Amicus, but never as guests on the show. Until today. Dahlia Lithwick has a wide-ranging and illuminating conversation with Robert Lasnik, Senior United States District Judge of the United States Dist...Show More
The Fight for LGBTQ Protections Under the Civil Rights Act

1:13:06 | Apr 27th

Mark Joseph Stern guest hosts and digs into two cases in the Supreme Court this week. First, the court’s questioning if Title VII of the Civil Rights Act extends to LGBTQ protections. Then, the addition of the citizenship question on the 2020 census....Show More
Extra: Redactionist History

25:55 | Apr 18th

Dahlia Lithwick is joined by former department of Justice spokesperson Matt Miller and Fordham Law Professor Jed Shugerman for a read of the (redacted)  Mueller report. Learn more about your ad choices. Visit megaphone.fm/adchoices
Death Penalty Dust-Ups at the High Court

49:17 | Apr 13th

Dahlia Lithwick is joined by Harvard Law School Professor Carol Steiker, co-author of Courting Death: The Supreme Court and Capital Punishment to explore recent death penalty cases before the Supreme Court and why the 8th amendment has raised tension...Show More
Kavanaugh and Kagan Had a Moment

1:09:42 | Mar 30th

Dahlia Lithwick and Mark Joseph Stern unpack the arguments in the North Carolina and Maryland gerrymander cases heard by the Supreme Court this week, and Aaron Belkin of advocacy group Pack the Courts tells us why packing the courts is becoming a ser...Show More
Lawyers are Tackling our Democracy Problem Via the Take Care Clause

1:03:12 | Mar 16th

Dahlia Lithwick pans back this week to assess what’s holding and what’s buckling in terms of norms and institutions, two years and change into the Trump presidency. She’s joined by Ian Bassin of Protect Democracy, a new kind of litigation shop lookin...Show More
The Case Regarding the So-Called Emergency

1:04:02 | Mar 2nd

Dahlia Lithwick is joined by conservative lawyer Stuart Gerson and finds common ground over the President’s declaration of a national emergency so he can build the wall.  And Leah Litman helps us take a lawyerly look at Michael Cohen’s testimony befo...Show More
Parsing the Shadow Docket

55:52 | Feb 16th

This episode is brought to you by Simplisafe. Start protecting your home today at simplisafe.com/amicus.Dahlia Lithwick is joined by Dean Risa Goluboff and Vice-Dean Leslie Kenrick of the University of Virginia School of Law. Together, they tackle is...Show More
Amicus Presents: The Pre-Crime Unit

47:48 | Feb 9th

Predictive policing technology is spreading across the country, and Los Angeles is the epicenter. A small group of LA activists are in a lopsided campaign against billions of dollars in city, federal, and Silicon Valley money using algorithms to pred...Show More
What Did We Learn From The Trans Ban Injunction Decision?

59:03 | Feb 2nd

Dahlia Lithwick is joined by Sharon McGowan, legal director of Lambda Legal, to discuss how they’re fighting the trans ban following SCOTUS decision to lift the injunctions on the policy going into action.  Also, Dahlia gets the latest on the Mueller...Show More
We’re Back to Where Mueller Began: Counterintelligence

50:47 | Jan 19th

UPDATE: On the evening Friday January 18th, after production of this episode of Amicus had wrapped, special counsel spokesman Peter Carr issued the following statement: "BuzzFeed’s description of specific statements to the Special Counsel’s Office, a...Show More
The Threat of National Emergency

20:41 | Jan 11th

What would a national emergency look like, and why hasn't Trump declared one yet? Dahlia Lithwick has answers and joins What Next, Slate's new daily news podcast, Plus: Was it weird that Ruth Bader Ginsburg wasn't at work this week?Tell us what you t...Show More
Chief Justice John Roberts, a Rock, and a Hard Place

1:00:46 | Jan 5th

Dahlia Lithwick is joined by Joan Biskupic, CNN legal analyst and author of the upcoming book The Chief: The Life and Turbulent Times of Chief Justice John Roberts, to unpack John Roberts’ State of the Judiciary address, and to examine the state of t...Show More
The Incrementalist RBG

49:47 | Dec 22nd, 2018

Before news of Justice Ruth Bader Ginsburg’s lung surgery broke, Dahlia Lithwick sat down for a revealing conversation with the screenwriter Daniel Stiepelman about the RBG biopic he penned, On The Basis of Sex. Stiepelman also happens to be Justice ...Show More
Mapping the Mueller Investigation

1:09:08 | Dec 8th, 2018

*This week's show was recorded before Friday's filings concerning Paul Manafort and Michael Cohen, but the merits of the discussion stand. Mimi Rocah, a former federal prosecutor in the Southern District of New York, now a Criminal Justice Fellow at ...Show More
A Hard Line on Acosta’s Hard Pass

32:01 | Nov 24th, 2018

Dahlia Lithwick is joined by Ted Boutrous, who represented CNN and Jim Acosta in their case against the White House. Jim Acosta’s “hard pass” or permanent press pass, was revoked by the Trump administration after Acosta clashed with the President at ...Show More
“Taking a Wrecking Ball to Our Constitution”

1:00:43 | Nov 10th, 2018

Dahlia Lithwick is joined by Neal Katyal, former acting Solicitor General under President Barack Obama and co-author of this op-ed in The New York Times. Also on Amicus this week, Dale Ho, director of the ACLU’s voting rights project on why their cur...Show More
SPECIAL: The Deadly Shooting at the Tree of Life Synagogue

22:14 | Nov 3rd, 2018

Dahlia Lithwick and her son Coby talk to Rabbi Chuck Diamond about the deadly shooting at the Tree of Life synagogue in Pittsburgh. Diamond was the rabbi at Tree of Life for seven years and originally met Dahlia when she was 10 years old. The three o...Show More
Docket Deep Dive and Is It Time to Freak Out About Voting?

57:31 | Oct 27th, 2018

Dahlia Lithwick talks with Slate’s own Mark Joseph Stern about what to look out for this term. Professor of law and political science at UC Irvine, Rick Hasen discusses how free and fair the midterm elections will be in light of recent Supreme Court ...Show More
Amicus Presents: Legal Wars

10:06 | Oct 22nd, 2018

The courtroom can be a battlefield over money, people’s rights, and even their lives. For some cases, the consequences can affect us long after the verdict is read. Based on extensive interviews and court transcripts, Wondery’s new podcast LEGAL WARS...Show More
Due Processing

57:19 | Oct 13th, 2018

Dahlia Lithwick talks with Senator Jeff Merkley of Oregon about the “deep wounds” in the senate following Justice Kavanaugh’s confirmation. And she’s joined by Vox’s Matthew Yglesias who brings his nihilism about the institution of the Supreme Court ...Show More
Live from Austin

1:08:44 | Oct 1st, 2018

In a special episode recorded live at Slate Day during Tribfest in Austin,  Dahlia Lithwick is joined by Angela Onwuachi-Willig, Dean of Boston University Law School, Cristina Rodriguez, Leighton Homer Surbeck professor of law at Yale Law School, Ste...Show More
The Press, The President, and Enemy Construction

56:07 | Sep 29th, 2018

This week Dahlia Lithwick looks at freedom of the press through the lens of legal scholarship. Lithwick is joined by Professor Lisa Sun of Brigham Young University’s J. Reuben Clark Law School and RonNell Andersen Jones, the Lee E. Teitelbaum Chair &...Show More
Introducing Slate Day

00:55 | Sep 24th, 2018

Join Dahlia Lithwick for a conversation on the Supreme Court with Angela Onwuachi-Willig, dean and professor of law at Boston University; Cristina Rodríguez, a professor of law at Yale University; Stephen Vladeck, professor of law at the University o...Show More
SPECIAL: Surviving a School Shooting, From a Teacher's Point of View

29:45 | Sep 20th, 2018

In an intimate conversation, three educators who survived school shootings talk to Slate’s Dahlia Lithwick about the trauma of going back to the classroom. For a transcript, visit Slate.com/TeacherPodcastLearn more about your ad choices. Visit megaph...Show More
Roe v Kavanaugh

58:48 | Sep 15th, 2018

Dahlia Lithwick is joined by Professor Melissa Murray of NYU Law School, who gave blistering testimony at the Kavanaugh confirmation hearings last week. They talk Roe v Wade, when precedent counts and when it doesn’t, and what the likely confirmation...Show More
Back to School Protest Special

1:00:18 | Sep 1st, 2018

Student activism is back in America’s schools. Young people mobilizing around gun safety and social justice issues are heading back to school. We talk to Mary Beth Tinker, who took her fight for the right to protest at school all the way to the Supre...Show More
Barbie, Bratz, and Who Owns Your Dreams?

41:37 | Aug 18th, 2018

You Don’t Own Meis Orly Lobel’s fascinating examination of a landmark legal battle between plastic dolls. The Mattel v MGA, Barbie v Bratz case exposed questions about gender, culture and rights in the workplace. This episode of Amicus takes you insi...Show More
A Taftian Antidote to Trumpian Excesses

40:29 | Aug 4th, 2018

 Amicus’ summer of exploring great legal writing continues this week with Jeff Rosen, whose biography of William Howard Taft reveals a president who was scrupulous in observing constitutional boundaries, and much happier on the bench than in the Whit...Show More
The Scalia Factor

52:03 | Jul 21st, 2018

In the first of a series of deep dives into great legal reads this summer, Dahlia Lithwick talks with Rick Hasen, author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption” about civil discourse, rock star justices, and ...Show More
The Argument That Could Reclaim the Supreme Court for Democrats

33:38 | Jul 7th, 2018

This week Dahlia LIthwick talks with Sen. Sheldon Whitehouse, a Democratic senator from Rhode Island, about what we can expect over the next several months as Donald Trump nominates a new associate justice to the Supreme Court. He talks about why Dem...Show More
With Kennedy Gone, What’s on the Chopping Block?

50:19 | Jun 30th, 2018

The Supreme Court’s 2017 term ended with some blockbuster opinions and, most dramatically, Justice Anthony Kennedy’s retirement announcement. On a special edition of Amicus, Dahlia Lithwick is joined by Slate legal writer Mark Joseph Stern and Univer...Show More
Voting: Purging, Packing, Cracking, Standing

44:29 | Jun 23rd, 2018

Dahlia Lithwick takes a close look at the two big voting rights cases decided by the Supreme Court earlier this week with Paul Smith who argued for the plaintiffs in the Wisconsin political gerrymander case Gill v. Whitford. On Monday, the court sent...Show More
Bonus: Live From the ACLU

1:11:01 | Jun 13th, 2018

Dahlia Lithwick moderates a discussion of civil rights and legal norms in the Trump era with the ACLU’s David Cole, president and CEO of the Leadership Conference on Civil and Human Rights, Vanita Gupta, former White House chief ethics counsel under ...Show More
Religious Belief, Sincerely Held

1:08:39 | Jun 9th, 2018

An epic Amicus this week, with a  thorough analysis of Masterpiece Cakeshop v Colorado Civil Rights Commission with Slate’s Mark Joseph Stern. What does is tell us about Justice Anthony Kennedy’s plans, and can it tell us anything about the travel ba...Show More
The Impeachment Question

46:13 | May 26th, 2018

While President Trump demands an investigation into the investigators investigating the investigation, the clamour to impeach grows ever more fervent in some quarters. Dahlia Lithwick explores the legal and constitutional questions surrounding impeac...Show More
The State of the State Attorneys General

40:46 | May 12th, 2018

As the ripples from New York State Attorney General Eric Schneiderman’s resignation after allegations of violence against women continue, Massachusetts Attorney General Maura Healey joins Dahlia Lithwick to discuss the role of State Attorneys General...Show More
Travel Ban 3.0 and Rinsing off Religious Animus for SCOTUS

57:41 | Apr 27th, 2018

This week Amicus takes you inside the chamber for a forensic discussion of the last, and possibly the most significant, oral arguments of this Supreme Court term. Dahlia Lithwick is joined by Josh Geltzer, executive director of the Institute for Cons...Show More
The Rule of Law and the Ethics of Poking the Bear

46:27 | Apr 14th, 2018

It seems as though a slow motion constitutional crisis may be upon us. In this episode of Amicus, Dahlia Lithwick is joined by Lawfare blog editor and senior fellow at the Brookings Institution, Ben Wittes, to assess the threats to the rule of law po...Show More
Don’t Call It an Abortion Case

1:00:29 | Mar 31st, 2018

On this week’s show, Dahlia Lithwick is joined by Priscilla Smith, director of the Program for the Study of Reproductive Justice at Yale Law School, to unpack the oral arguments in NIFLA v Becerra, the latest case on the calendar that seems to be abo...Show More
All The President's Lawyers

53:47 | Mar 17th, 2018

This week Dahlia Lithwick calls on white-collar-crime specialist Jennifer Taub to follow the money in the Mueller investigation. She also speaks with  Bob Bauer, a former White House counsel under President Barack Obama, about the relationship betwee...Show More
When Did Corporations Become People?

1:00:39 | Mar 3rd, 2018

On this week’s show, Dahlia Lithwick is joined by UCLA Law Professor Adam Winkler to talk about his new book We the Corporations: How American Businesses Won Their Civil Rights. Together, they also examine what the constitutionalizing of corporate ri...Show More
A Preview of a Union-Busting Case, and RBG’s Greatest Hits Tour

1:02:56 | Feb 17th, 2018

In this week’s episode, Professor Leah Litman joins Dahlia Lithwick to tune into Justice Ruth Bader Ginsburg’s comments on #MeToo and due process. And for a full background check on the sexy-sounding Janus v. AFSCME case, which potentially poses an e...Show More
Immigration: Whose Call Is It Anyway?

37:57 | Feb 3rd, 2018

This week the high court is on its winter break, but the team here at Amicus wanted to talk about DACA, the travel ban, and issues around immigrants, refugees, and the law. We talk Americanism. Who is American and how? What do the courts have to say ...Show More
“The Gross Spectacle of a Divided Defense”

1:03:04 | Jan 20th, 2018

We’re inside the chamber for the high-profile case involving a death row inmate from Louisiana who’s asking for a new trial after his lawyer told the jury his client was guilty, despite the client’s insistence that he was innocent. Jay Schweikert, a ...Show More
The Right Not to Vote

1:00:55 | Jan 6th, 2018

Sometimes the technical stuff is how you get to the crucial stuff. Next week, the Supreme Court will hear a case about Ohio’s voter purge, and the case rests on some sticky statutory interpretation questions. Up to 1.2 million voters may have been pu...Show More
#MeToo in the Courts

1:06:57 | Dec 23rd, 2017

The cultural whirlwind of #MeToo has reached the judiciary, reluctantly bringing Dahlia Lithwick into the fray along with it. In a piece for Slate, she detailed her firsthand experiences with Judge Alex Kozinski. Dahlia’s was one of many accounts tha...Show More
Probing the Mueller Probe, and Inside the Chamber for Masterpiece Cakeshop

1:02:29 | Dec 9th, 2017

The Mueller investigation keeps keeping on as subtweets, speculation, and objections mount. Dahlia Lithwick speaks with Andrew Wright, a former associate counsel to President Barack Obama about the latest developments. Plus a deep dive into the oral ...Show More
Slow Burn: A Podcast About Watergate | Martha

24:36 | Nov 28th, 2017

Amicus presents a preview of Slow Burn, an eight-episode miniseries about Watergate. People called her crazy, and to be fair she must have seemed crazy. But she was onto something. How Martha Mitchell, the celebrity wife of one of Nixon’s closest hen...Show More
Why the Cakeshop Case is So Delicious

37:27 | Nov 25th, 2017

As the high court continues through its unprecedented session, Dahlia speaks with Adam Liptak who covers the Supreme Court for the New York Times and knows the ins and outs of the Masterpiece Cakeshop case. And he gives his insight on what a jaw-drop...Show More
Guns in America and the Travel Ban that Went Unnoticed

59:37 | Nov 11th, 2017

In the wake of another American mass shooting, Dahlia speaks with Adam Skaggs, Chief counsel at the Giffords Law Center to Prevent Gun Violence about the Second Amendment. And as this week marks the one year anniversary of Donald Trump’s election to ...Show More
The 25th Amendment, What's That?

47:16 | Oct 28th, 2017

Dahlia Lithwick speaks with Representative Jamie Raskin about the Republican remedy for Trump's unfitness for office: The 25th Amendment. Plus, she speaks with ProPublica's Ryan Gabrielson about his recent reporting which revealed that the high court...Show More
The Single Most Unremarked Win of the Trump Era

34:57 | Oct 14th, 2017

Dahlia is joined by Kristen Clarke, President & Executive Director of the National Lawyers’ Committee for Civil Rights Under Law to talk about the federal judiciary and how Donald Trump is speedily filling the vacancies on the federal bench. Learn mo...Show More
The Supreme Court Term RBG Is Calling "Momentous"

49:04 | Sep 30th, 2017

As next week marks the opening of the 2017 term at the high court, Dahlia Lithwick speaks with David Cole, legal director of the American Civil Liberties Union, about some of the cases in this upcoming term, including Trump's travel ban, a civil righ...Show More
Gerrymandering Goes Back to Court

37:48 | Sep 16th, 2017

When the Supreme Court term opens next month, perhaps no issue will be more urgent – and more complicated – than voting rights. One of the first cases the justices will hear is Gill v. Whitford, a challenge to the 2011 redrawing of district lines in ...Show More
Breakfast Table Redux

59:28 | Jun 28th, 2017

The Supreme Court’s 2016 term may not have contained the usual number of blockbuster cases, but it did have its fair share of drama. Between the stonewalling of Merrick Garland, the filibustered confirmation of Neil Gorsuch, rumors about Anthony Kenn...Show More
Nice Little FBI You’ve Got Here. Pity if Something Happened to it.

52:28 | Jun 10th, 2017

In his much-anticipated testimony on Capitol Hill this week, former FBI Director James Comey described several uncomfortable interactions with President Trump that preceded his firing. The big question for all watching was: could any of those interac...Show More
Clarence Thomas is Color Blind

43:31 | May 28th, 2017

This week, the Supreme Court handed down a decision that caught some Court-watchers off-guard. It ruled that North Carolina lawmakers had violated the Constitution by using race as a proxy for divvying up voters along partisan lines. And it was surpr...Show More
Animus Amicus

52:34 | May 13th, 2017

In the wake of the unceremonious termination of FBI director James Comey this week, one previously unfamiliar name has dominated the news cycle: Rod J. Rosenstein. The former federal prosecutor became the U.S. Deputy Attorney General just over two we...Show More
The Myth of the Neutral Expert

46:05 | Apr 29th, 2017

The Supreme Court has slowed Arkansas’ unprecedented rush to execute eight men in 11 days, pending a decision in McWilliams v. Dunn. At issue in the case is whether James McWilliams, an indigent defendant whose mental health was a significant factor ...Show More
Playground of Liberty

52:46 | Apr 14th, 2017

Newly sworn-in Justice Neil Gorsuch gets his first chance to make his mark on the Court at this week’s oral arguments for Trinity Lutheran v. Comer. The important case asks whether the First Amendment’s Free Exercise Clause compels the state of Misso...Show More
When Prosecutors Keep Mum

53:52 | Apr 1st, 2017

In 1985, eight men were convicted of the grisly murder of a Washington D.C. woman. After spending decades in prison, they learned from an article in the Washington Post that prosecutors had withheld evidence from trial that could have exculpated them...Show More
Gorsuch Grins, Says Nothing

44:16 | Mar 25th, 2017

This week, the Senate held four days of hearings on the nomination of Judge Neil Gorsuch to the vacant seat on the Supreme Court. What did we learn about Gorsuch from his 20-odd hours in the hot seat? Did the Democrats gain anything of value from the...Show More
Why It’s Worth Opposing Gorsuch

48:51 | Mar 18th, 2017

After a successful blockade of President Obama’s Supreme Court nominee, the GOP-led Senate will convene hearings this week on President Trump’s pick for the Court’s year-old vacancy. Considering all that has happened in the past year, how should Demo...Show More
Never Mind

53:43 | Mar 4th, 2017

On Monday, the Department of Justice announced an abrupt about-face on voting rights, essentially walking away from a lawsuit against a harsh voter-ID law in Texas. We discuss the reversal and its implications with Janai Nelson of the NAACP Legal Def...Show More
General Strike

51:10 | Feb 18th, 2017

In 2010, a Mexican teenager in Juarez was shot to death by a Border Patrol agent on the U.S. side of the border. In Hernandez v. Mesa, set for argument next week, the Supreme Court will determine whether the boy’s parents can sue the agent in U.S. co...Show More
"SEE YOU IN COURT"

38:47 | Feb 11th, 2017

A little more than a week after President Trump announced his ban on travel from a handful of majority-Muslim nations, the U.S. Court of Appeals for the Ninth Circuit this week refused to lift a temporary restraining order blocking enforcement of the...Show More
Will You Accept This Robe?

1:02:51 | Feb 3rd, 2017

In an elaborately choreographed prime-time ceremony this week, President Trump tapped Judge Neil Gorsuch for the Supreme Court seat that has been vacant for almost a year. We sit down with the Constitutional Accountability Center’s Elizabeth Wydra to...Show More
Immunity in High Places

52:18 | Jan 21st, 2017

Can a group of wrongfully-detained noncitizens sue high-ranking Bush Administration officials for violating their rights in the days following 9/11? That’s the central question in Ziglar v Abbasi, which was argued this week at the Supreme Court. On t...Show More
And Then There Were Eight

48:32 | Jan 7th, 2017

In the lead-up to November’s presidential election, Donald Trump released a list of 21 potential Supreme Court nominees in what many saw as an effort to mollify conservatives who tend to worry about these sorts of things. Now, that list has reportedl...Show More
Corruption in the White House

59:57 | Dec 24th, 2016

“[N]o person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” These words, from Article I...Show More
Where We Draw the Line

39:36 | Dec 10th, 2016

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 wh...Show More
The Specter of Korematsu

36:48 | Nov 30th, 2016

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 ...Show More
Trump’s Constitution

26:35 | Nov 12th, 2016

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 c...Show More
Intimidation Nation

43:28 | Oct 29th, 2016

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 request...Show More
And Now a Word from the White House

45:46 | Oct 14th, 2016

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 muc...Show More
2016 Term Preview

46:00 | Oct 1st, 2016

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 ...Show More
Notorious RBG

41:19 | Sep 17th, 2016

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 ca...Show More
That's a Wrap

1:02:03 | Jul 2nd, 2016

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 oth...Show More
Goodbye, General!

55:17 | Jun 25th, 2016

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 hi...Show More
What Would Brandeis Do?

53:30 | Jun 11th, 2016

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...Show More
A Bird with a Broken Wing

43:33 | May 28th, 2016

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 Th...Show More
Memory Lane

44:22 | May 14th, 2016

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 Garl...Show More
This is Not Corruption

32:04 | Apr 30th, 2016

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 thecase read a bit like a reality show, with Gov. Bob McDonnell and his wife affording...Show More
Contra Obama

35:51 | Apr 16th, 2016

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 Garl...Show More
The Case Against the Case Against Confirmation

37:21 | Apr 2nd, 2016

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 ...Show More
The Contraceptive Mandate

46:51 | Mar 26th, 2016

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...Show More
Is the Burden Undue?

48:00 | Mar 6th, 2016

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...Show More
The Contradictions of Antonin Scalia

51:54 | Feb 20th, 2016

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 or...Show More
Amicus Extra: Antonin Scalia's Death

29:36 | Feb 15th, 2016

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 Dahl...Show More
The Candidates and the Court

28:50 | Feb 6th, 2016

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 Chemerins...Show More
The Case of the Missing Constitutional Violation

30:26 | Jan 26th, 2016

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-tu...Show More
Labor Pains

39:54 | Jan 9th, 2016

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 CatoInstitute’s Ilya Shapiro and U. of Michigan’s Sam Bagenstos, who submitted briefs on opposite sides of the c...Show More
Judging Tribal Courts

34:28 | Dec 24th, 2015

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...Show More
One Person, One Vote

46:43 | Dec 12th, 2015

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. Sh...Show More
Color Blind Constitution

44:14 | Nov 28th, 2015

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 ...Show More
Class Dismissed?

34:57 | Nov 14th, 2015

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 an...Show More
Strike Zone

45:23 | Oct 31st, 2015

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 p...Show More
No Second Chances

32:35 | Oct 17th, 2015

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 ema...Show More
The Machinery of Death

33:06 | Oct 10th, 2015

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 ...Show More
2015 Term Preview

35:53 | Sep 19th, 2015

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 S...Show More
Sandra and Ruth

34:22 | Sep 12th, 2015

Dahlia sits down with Linda Hirshman, author of Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World. Hirshman recounts the two women’s rise to the SCOTUS bench and reflects on the impact the...Show More
Sock the Vote

34:19 | Aug 22nd, 2015

To mark the 50th anniversary of the Voting Rights Act, Dahlia sits down with The Nation’s Ari Berman to discuss the decades-long campaign to roll back the achievements of the landmark 1965 legislation. ************************* Please let us know wha...Show More
The Term in Review

43:04 | Jul 4th, 2015

Dahlia sits down with three fellow SCOTUS-watchers — Kenji Yoshino, Mark Joseph Stern, and Christian Turner — to reflect on the just-completed term and how it will go down in history. Transcripts of Amicus are available to Slate Plus members. Conside...Show More
Amicus: The Storm Arrives

31:16 | Jun 27th, 2015

With the ink barely dry on two momentous Supreme Court decisions affecting marriage equality and health care, Dahlia discusses the history, high points, and likely impact of those decisions with Walter Dellinger, professor of law at Duke University, ...Show More
The Storm Before the Storm

41:54 | Jun 20th, 2015

Dahlia is joined by The Atlantic’s Garrett Epps to parse the latest batch of 5-4 decisions from SCOTUS. They included rulings on immigration, free speech, and the death penalty, and involved some strange alliances among the Justices. ****************...Show More
A Certain Justice

42:39 | Jun 13th, 2015

This week, Dahlia speaks with a former clerk to Justice Clarence Thomas about the strong stances that Thomas has been taking recently. And she asks what’s at stake in a big challenge to “One Person One Vote” that SCOTUS will take up next term. Please...Show More
The Calm Before the Storm

31:08 | May 30th, 2015

On today’s episode, Dahlia takes stock of the big whammy decisions just around the corner at the Supreme Court, and considers a few of the major abortion cases that could be following shortly on their heels.Please let us know what you think of Amicus...Show More
Ready for Her Close-Up

39:48 | May 16th, 2015

This week we learned that Natalie Portman will play a young Ruth Bader Ginsburg in a new film about the Supreme Court Justice. On this episode, Dahlia and her guests consider the recent explosion of Court-related dramatizations on the stage and scree...Show More
Making the Case

37:17 | May 2nd, 2015

This week, we take you inside the courtroom for the recent gay marriage case at the Supreme Court. Dahlia listens to highlights of oral arguments with Douglas Hallward-Driemeier, one of the lawyers who represented same-sex couples in the historic cas...Show More
The Politics of Law

30:49 | Apr 18th, 2015

In anticipation of big decisions on marriage equality and Obamacare, many are talking about the balance of political power on the Supreme Court. Dahlia Lithwick speaks with two court watchers about the extent to which the Justices are political actor...Show More
Marriage Arrives

30:00 | Apr 11th, 2015

On April 28, the Supreme Court will finally take up the constitutionality of same-sex marriage bans. Dahlia Lithwick previews the cases with Paul Smith, the lawyer involved in the 2003 gay rights case that helped set the stage for this historic event...Show More
Mercury Rising

31:27 | Mar 28th, 2015

How should the EPA weigh costs when regulating toxic emissions? Dahlia Lithwick speaks with lawyers on both sides of a Supreme Court case posing that question. And she reviews the highlights of a case testing the limits of free speech on license plat...Show More
Throwing Away the Key

32:20 | Mar 14th, 2015

Seven years after ruling that detainees at Guantanamo Bay were entitled to the protections of the U.S. Constitution, the Supreme Court seems to have turned its back on the remaining detainees there. On this week’s episode, we ask why.This week’s epis...Show More
The Letter of the Law

41:47 | Feb 28th, 2015

As the Supreme Court prepares to hear arguments in the latest challenge to the Affordable Care Act -- King v. Burwell -- Dahlia Lithwick hears from experts on both sides of what could be the most important case in the Court’s entire term. First, she ...Show More
Botched Protocols

30:32 | Feb 7th, 2015

As the Supreme Court prepares to revisit the constitutionality of lethal injection, Dahlia Lithwick speaks with two experts about the controversial drugs being used for execution and whether the capital punishment system can be repaired. This week’s ...Show More
Cameras in the Courtroom

39:15 | Jan 31st, 2015

Dahlia Lithwick speaks with Sonja West and RonNell Andersen Jones, two Supreme Court experts who don’t buy the justices’ arguments against allowing cameras in the courtroom. Help us make our podcasts even better! Take Slate's listener survey at to sl...Show More
"Thank You," Not "Please"

35:57 | Jan 24th, 2015

Dahlia Lithwick talks to Andrew Pincus, the lawyer who brought a Supreme Court challenge this week to a law banning fundraising by judicial candidates. And she hears from the NAACP’s Sherrilyn Ifill on the latest challenge to the Fair Housing Act.Lea...Show More
The Super Lawyers

36:30 | Jan 10th, 2015

Dahlia Lithwick talks to Joan Biskupic, the author of a new Reuters study about the elite "one-percent" group of lawyers who bring most of the cases at the Supreme Court. She also hears from two of these super-lawyers -- Tom Goldstein and Paul Clemen...Show More
Rapper's Intent

33:02 | Dec 6th, 2014

Dahlia Lithwick talks to rap music scholar Charis Kubrin about Elonis v. U.S., and about how courts are using rap lyrics in criminal proceedings. She also hears from Sam Bagenstos, who argued this week’s pregnancy discrimination case Young v. United ...Show More
Mental Illness and the Death Penalty

39:00 | Nov 22nd, 2014

With an execution looming, Dahlia Lithwick revisits Panetti v. Quarterman, a case involving mental illness and the death penalty. Her guests are Scott Panetti’s lawyer Kathryn Kase and Brandon Garrett of the University of Virginia.Learn more about yo...Show More
Jerusalem Born

30:07 | Nov 8th, 2014

Fresh off oral arguments in the Supreme Court, Alyza Lewin discusses Zivotofsky v. Kerry, which asks if Congress or the President has ultimate authority over passports. Plus, Yates v. U.S. debates whether grouper should qualify as "tangible objects."...Show More
Amicus: Ballot-Box Special

23:31 | Nov 1st, 2014

On Ep. 4 of Amicus, a pre-election special. Dahlia sits down with UC Irvine law professor Rick Hasen, founder of Election Law Blog, to survey the landscape of state voter ID laws. They consider the effect of recent headlines on voters' confidence in ...Show More
Amicus: Revenge of the Octogenarians

35:07 | Oct 25th, 2014

On Ep. 3 of Amicus, Slate’s Dahlia Lithwick talks with the New Yorker’s Jeffrey Toobin about his recent interview with President Obama on Obama’s judicial legacy. Then Dahlia welcomes Roberta Kaplan, the lawyer who won last year’s DOMA case U.S. vs. ...Show More
Amicus: Let's Salsa with Sotomayor

33:04 | Oct 18th, 2014

On Ep. 2 of Amicus, Slate’s Dahlia Lithwick and former acting solicitor general Walter Dellinger discuss the Surpreme Court’s recent non-decisions about abortion and voter I.D. laws. Then Dahlia talks with Joan Biskupic, author of a new biography of ...Show More
Amicus with Dahlia Lithwick

37:33 | Oct 11th, 2014

On Ep. 1 of Amicus, Slate’s Dahlia Lithwick discusses the opening of the Surpreme Court’s new term with Tom Goldstein, publisher of SCOTUSblog. Dahlia also welcomes Douglas Laycock, who argued the case of a Muslim prisoner who wants to grow a beard.L...Show More