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

Dahlia Lithwick is joined by Marc Elias, chair of Perkins Coie’s Political Law Group, he represents the Democratic National Committee and the Democratic Party of Wisconsin. Together, they reconstruct how the Supreme Court stepped into Wisconsin’s April election, and what the path to that decision—and the fallout from it—can teach us ahead of November. In the Slate Plus segment, Mark Joseph Stern talks about Mitch McConnell’s continued campaign to stack the judiciary, the dissonance between conservative positions on election law and reproductive rights in the time of COVID, and the piece he wishes he and Dahlia had written together this week, but didn’t. Sign up for Slate Plus now to listen and support our show.Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Ian Bassin, former associated White House counsel from 2009-11 and co-founder of Protect Democracy for a look at the pain points, tensions, and glimmers of hope in how this constitutional democracy is handling the unprecedented challenges presented by COVID-19. In the Slate Plus segment, Mark Joseph Stern on why Justice Elena Kagan is voting with the conservatives, the unanimous decision in Comcast Corp. v. National Association of African American Media and what it means for future civil-rights cases, and the crisis unfolding in the immigration courts. Sign up for Slate Plus now to listen and support our show.Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Professor Michele Goodwin, Chancellor’s Professor of Law and Director of the Center for Biotechnology and Global Health Policy at the University of California Irvine School of Law. Professor Goodwin unpacks the oral arguments in this term’s big reproductive health case, June Medical Services, and delves into the history of racism and civil-rights trampling in the name of public health. For plus members, Mark Joseph Stern joins Dahlia with what to expect from a SCOTUS closed to the public, the Obamacare case, and which record was met at the Supreme Court this week. Podcast production by Sara Burningham.Sign up for Slate Plus now to listen and support our show. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick asks the new president of the American Constitution Society, Russ Feingold, if it’s too late for progressives to respond to the conservative steamroller that is the Federalist Society. Slate Plus members have access to a bonus segment in which Slate’s Mark JosephStern breaks down the headlines, cases, cert grants, and conundrums from the Supreme Court and federal appellate courts. To start your free two-week trial go to slate.com/amicusplusPodcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

Brendan Nyhan is a political science professor at Dartmouth College who focuses on misinformation and so-called fake news. His views on how fake news affects election outcomes might surprise you. Try Slate Plus free: slate.com/amicusplusPodcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

In the fifth and final part of this special series of Amicus, Dahlia Lithwick is joined live on stage in Washington by former Florida gubernatorial candidate Andrew Gillum, MacArthur fellow Professor Danielle Citron of Boston University law school, director of the ACLU’s voting-rights initiative Dale Ho, and election law professor Rick Hasen of the University of California, Irvine. Together, they pick themselves up from the rug of despair with a pile of can-do fixes for the stress points threatening the integrity of U.S. elections. Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus. Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

In the fourth part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen and Professor Carol Anderson, Charles Howard Candler Professor of African American Studies at Emory University and author of One Person, No Vote: How Voter Suppression is Destroying Our Democracy.Together, they try to sort through the rhetoric and the reality of “stolen” elections. Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus. Join Slate for the Election Meltdown live show on Feb. 19 in Washington. Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

In the third part of this special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to unpack the bag of dirty tricks that may be deployed in 2020’s election, and to examine the debris of the Iowa caucus debacle to find clues to what’s coming. Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus. Join Slate for the Election Meltdown live show on Feb. 19 in Washington. Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

In the second part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to take a close look at what happened with Michigan’s failed recounts in 2016, exploring how small mistakes can cause big problems in elections, and why democratic areas seem much more prone to incompetence in election administration. Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus. Join Slate for the Election Meltdown live show on Feb. 19 in Washington. Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Barbara McQuade, professor of law at the University of Michigan and former U.S attorney for the Eastern District of Michigan, to explore the ramifications of the last two weeks in the Senate. Join us for a live show on Feb. 19 in Washington. Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

Despite winning the Electoral College vote in 2016, President Donald Trump still claimed widespread voter fraud had robbed him of millions of votes. In the first part of a special five-part series of Amicus, Dahlia Lithwick is joined by election law professor Rick Hasen to explore how those claims bolstered voter suppression and now threaten the integrity of the 2020 election.Rick Hasen’s new book Election Meltdown forms the basis for this special series of Amicus. Join Slate for the Election Meltdown live show on Feb. 19 in Washington. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Neil Eggleston, White House Counsel during the last three years of the Obama Administration. He also represented the Office of the President in privilege litigation against the Starr Independent Counsel’s Office during the President Clinton Whitewater/Lewinsky investigation. Together, they take a close look at the lawyers surrounding the president, and at the legal strategies in play as the impeachment process moves into its trial phase.Join us for a live show on February 19th in Washington DC: https://slate.com/live/amicus-live-w-dahlia-lithwick-andrew-gillum-and-more.htmlPodcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

In a conversation taped live at the Aspen Institute, Dahlia Lithwick speaks to former acting solicitor general of the United States Neal Katyal about impeachment, and how he approaches is it as an “extremist centrist.”Katyal’s book, co-written with Sam Koppelman, Impeach: The Case Against Donald Trump, is out now.This is a preview of a Slate Plus episode. To hear the episode in full, sign up for Slate Plus.Come see Dahlia Lithwick chatting with Andrew Gillum, Rick Hasen, and other guests live at the Hamilton in Washington, D.C., on Feb. 19.Podcast produced by Sara Burningham.Stay in touch: [email protected],or find us on Facebook https://www.facebook.com/amicuspodcast/ Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to discuss Chief Justice John Roberts’ New Year’s resolutions on the judiciary, impeachment, and this Supreme Court term. Stern’s book American Justice 2019: The Roberts Court Arrives is out now. Podcast produced by Sara Burningham.Stay in touch: [email protected] us on Facebook https://www.facebook.com/amicuspodcast/ Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by three women using their legal experience to advocate for people trying to navigate the ever-changing, labyrinthine process of claiming asylum in the United States. It’s tough work, and they are volunteering in the face of mounting obstacles. Liz Willis and Dennise Moreno are from ASAP , and Kristin Clarens is with Project Adelante. Next, Dahlia talks to Susan Hennessy of Lawfare to understand the intertwined significance of impeachment, the Mueller Report, and the Department of Justice inspector general’s report. Send in your questions for our Roberts Court special episode with Mark Joseph Stern on Jan. 4. Submit questions by Jan. 1 to [email protected] production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

If you have any school-aged children in your life, you know that lockdown and active shooter drills have become a routine part of their school experience. These drills now take place in 95 percent of American schools. What you’re about to hear is a collaboration between Slate and The Trace, a nonprofit newsroom covering gun violence in the United States. It’s an audio project featuring firsthand accounts from kids of all ages about what it’s like to go through these drills. We hear a lot about school shootings, but we’re only starting to have a larger conversation about how they affect even those kids who may never go through one. You can hear more from the students at slate.com/lockdown. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Kate Shaw, a professor of law at Cardozo Law School and the co-director of the Floersheimer Center for Constitutional Democracy. They talk about presidential speech, impeachment, and why figuring out what happens next involves taking a close look at what happened in 1868.Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

A special bonus live episode from the National Constitution Center. Dahlia Lithwick in conversation with Jeffrey Rosen about his new book Conversations With RBG: Ruth Bader Ginsberg on Life, Love, Liberty, and Law. Podcast production by Sara Burningham, with thanks to the National Constitution Center.Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick wants to know what’s next in the impeachment process, so she asks Professor Michael Gerhardt, an expert on constitutional law and the relationship between congress and the president. Then, former Secretary of the Department of Homeland Security Janet Napolitano takes us through the details of the DACA arguments at the SCOTUS. Napolitano rolled out DACA under President Obama and is now suing the federal government for rescinding it on behalf of thousands of students at the University of California, where she is now president. Hosted on Acast. See acast.com/privacy for more information.

Recorded at the Miami Book Fair, in partnership with the Reporters Committee for the Freedom of the Press. Dahlia Lithwick is joined by Laura Moscoso from the Centro de Periodismo Investigativo in Puerto Rico; Norah Gamez-Torres, who covers Cuba for the Nuevo Herald and the MIami Herald; and Emily Michot from the Miami Herald, who worked with Julie K. Brown to break the Jeffrey Epstein story. This fascinating discussion serves as a timely reminder of the centrality of journalism to the health of our democracy. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick calls former prosecutor Mimi Rocah for an answer to a question Amicus listeners often ask. She then asks Sen.Sheldon Whitehouse, D-Rhode Island, if all hope is lost for the federal judiciary. Finally, she revisits emoluments with Deepak Gupta and pulls on threads that extend right into the impeachment investigation. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Rep. Jim Himes of Connecticut, who sits on the House Intelligence Committee, to talk about the role of intelligence and counterintelligence in the Mueller probe, the impeachment inquiry, and the damage deep state fever dreams could do to law enforcement and oversight. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Stuart Gerson of the conservative legal group Checks and Balances to talk about developments in the border-wall case he helped bring in El Paso, Texas; the view of impeachment from concerned conservatives; and the latest escalation in the Department of Justice’s investigation into the origins of the Russia investigation. Then Cyrus Habib, lieutenant governor of Washington state (and owner of the most impressive résumé of any guest ever on the show) shares a refreshingly optimistic take on the law and politics. Podcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by all-star SCOTUS experts to walk us through this week’s biggest legal and constitutional developments. First, Laurence Tribe answers the questions Amicus listeners have been asking about the next steps in the impeachment process. Next, Pamela Karlan takes us inside the chamber for Tuesday’s oral arguments in a trio of Title VII cases at the high court. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Dean Erwin Chemerinsky of the University of California, Berkeley School of Law, who explains the biggest cases facing the Supreme Court this term. Then Nancy Northup, president and CEO of the Center for Reproductive Rights, explains why the justices have decided to take up June Medical Services v Gee, the first big abortion case of the Kavanaugh era. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Walter Dellinger to discuss impeachment, and the role of White House lawyers in “Ukraine-gate”.And James Zirin, author of Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits , breaks down the President’shistory of weaponizing the law while trampling legal norms.donorschoose.org/AMICUSPodcast production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Professor Sonja West of the University of Georgia School of Law and Professor Jamal Greene of Columbia Law School, both former clerks to Supreme Court Justice John Paul Stevens. They discuss his life, legacy, and the lessons they learned from the late justice. donorschoose.org/AMICUSPodcast production by Sara Burningham.Follow Slate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Julian Mortenson, Professor of Law at the University of Michigan to discuss his work to re-frame the conversation around “the executive power”. His paper, “Article II Vests Executive Power, Not The Royal Prerogative” traces the constitutional history of the three words that have grown to encompass so much. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Rebecca Sandefur, who turns a sociologist’s eye to civil justice. Civil justice problems can lead to bankruptcy, homelessness, illness, family separation and poverty, but Sandefur says what makes it to the courts is just the “tip of the civil justice iceberg”. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Michele Goodwin, Chancellor’s Professor of Law at the University of California, Irvine, for a wide reaching conversation about race and gender and the stories America tells itself so it can sleep at night. Starting with Trump’s tweets about Baltimore, Professor Goodwin offers an expert survey of centuries of racist and sexist narratives in the legal system and the country at large. This week’s show also features excerpts from a live discussion Dahlia moderated at the 92 St Y with Heidi Shreck (What the Constitution Means to Me) and Professor Laurence Tribe (Harvard Law School). Podcast production by Sara BurninghamSlate’s Amicus on Facebook https://www.facebook.com/amicuspodcast/ Hosted on Acast. See acast.com/privacy for more information.

In a week marked by rising rancor, when racist rhetoric ricocheted out of the president’s twitter feed and into a chanting crowd at his reelection rally, the end of an era almost slid under the radar. Dahlia Lithwick reflects on the passing of Justice John Paul Stevens, and the more than symbolic shift from his jurisprudence, his character, to our current state of affairs at the high court and beyond. You can read more here. And Dahlia is joined by Professor Mary Anne Franks of the University of Miami Law School to talk about her book, “The Cult of the Constitution”, how growing up among christian fundamentalists helped her write a book about constitutional extremists, and why there’s still hope for America’s faulty founding document. Slate Plus members get bonus segments and ad-free podcast feeds. Sign up now. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick is joined by Frank Bowman, author of the upcoming book High Crimes and Misdemeanors, A History of Impeachment for the Age of Trump about the big question: Impeachment, its historical precedent, constitutional roots, and present day predicaments. Hosted on Acast. See acast.com/privacy for more information.

A round table round-up of the 2018 Supreme Court term with Dahlia Lithwick, Slate’s Mark Joseph Stern, Professor Pam Karlan of Stanford and Professor Leah Litman of the University of Michigan Law School. Analysis of the census case, the gerrymandering cases, and the down-docket items you might have missed, but whose repercussions you won’t. Hosted on Acast. See acast.com/privacy for more information.

Dahlia Lithwick joins Trumpcast as a special guest co-host for an intimate conversation with journalist E. Jean Carroll, author of "What Do We Need Men For." Hosted on Acast. See acast.com/privacy for more information.

A flurry of decisions this week, but few big-ticket items. Mark Joseph Stern takes us through the opinions and dissents in Flowers v Mississippi, Gundy v United States and American Legion v American Humanist Association. Dahlia Lithwick is also joined by Jed Shugerman and Andrew Kent of Fordham University Law School, two of the authors of the Harvard Law Review article, Faithful Execution and Article II, which examines whether the constitution holds the President to some higher standard than just not doing crimes. Hosted on Acast. See acast.com/privacy for more information.

When Justice Clarence Thomas wrote a 20 page concurrence to the Indiana abortion law case last week, Adam Cohen’s phone started blowing up. In making an argument linking abortion rights to eugenics, Justice Thomas repeatedly cited Cohen’s book, Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck Adam Cohen joins Dahlia Lithwick to explore the history of eugenics in the U.S. and to examine Justice Thomas’ motives and logic for bringing the argument into the abortion debate. Hosted on Acast. See acast.com/privacy for more information.

A swathe of draconian abortion laws have been passed by states around the country in the past few weeks, but Alabama outdid them all. Legislators there are clearly hoping Justice Kavanagh will nullify Roe v Wade with a stroke of a pen, but there are quite a few other factors at play here and this week Dahlia Lithwick is joined by just the right women to explore those factors. Professor of Law Melissa Murray of NYU discusses the history and significance of Roe, and CNN legal analyst Joan Biskupic, who also authored the new book “The Chief, the Life and Turbulent times of Chief Justice John Roberts”, joins Dahlia to dissect Roberts’ record and reservations when it comes to reproductive rights. Hosted on Acast. See acast.com/privacy for more information.

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 District Court for the Western District of Washington. Judge Lasnik answers questions about how cases are selected, where the judiciary has fallen short in response to #metoo, whether justices should hit back against criticism or maintain a lofty silence, and why Bob Dylan looms large in his courtroom (more details in this 2011 LA Times article). Hosted on Acast. See acast.com/privacy for more information.

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. Finally, Dahlia interviews Richard Rothestein, author of “The Color of Law”, about the history of residential segregation. Podcast Production by Danielle Hewitt Hosted on Acast. See acast.com/privacy for more information.

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. Hosted on Acast. See acast.com/privacy for more information.

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 tensions among the justices.This episode is brought to you by The Great Courses Plus. Get your free trial, plus 50% off your monthly plan at TheGreatCoursesPlus.com/Amicus. Hosted on Acast. See acast.com/privacy for more information.

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 serious topic in the Democratic presidential race. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected]. Hosted on Acast. See acast.com/privacy for more information.

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 looking at global trends toward authoritarianism and trying to resist those trends in the United States. Hosted on Acast. See acast.com/privacy for more information.

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 before congress this week. This episode is brought to you by The Great Courses Plus. For one month free, go to thegreatcoursesplus.com/AMICUS. Hosted on Acast. See acast.com/privacy for more information.

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 issues of race in government, gender in the law, plus religion and reproductive rights in the court.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected] production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

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 predict where and when the next crime is going to occur, and even who the perpetrators are going to be. Today, AMICUS is here to introduce you to Hi-Phi Nation, a new podcast from Slate. In this episode, host Barry Lam embeds with the Stop LAPD Spying coalition for a week in Skid Row and investigates how state-of-the-art predictive policing programs work. He then talks to sociologists and philosophers about how big data is changing the relationship between police and the communities they serve. We then turn to the justice of using statistical predictions for the purposes of profiling and police intervention. This is part 1 of 2 on the use of statistical algorithms in criminal justice. Guest voices include the LAPD police commissioners, Hamid Khan, Jamie Garcia, Sarah Brayne, Flora Salim, and Renee Bolinger.This episode is brought to you by Care/Of. For 50% off your first month of personalized Care/of vitamins, go to TakeCareOf.com and enter promo code HIPHI50 at check out. Hosted on Acast. See acast.com/privacy for more information.

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 investigation from Joyce White Vance, former US attorney in the Northern District of Alabama, including why Mueller didn’t charge Roger Stone with conspiracy. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected] production by Sara Burningham. Hosted on Acast. See acast.com/privacy for more information.

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, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s Congressional testimony are not accurate.” Ben Smith, editor-in-chief of Buzzfeed News says the publication stands by its reporting.Dahlia Lithwick is joined by Asha Rangappa, a former FBI special agent specializing in counterintelligence investigations and now a senior lecturer at Yale University’s Jackson Institute for Global Affairs. Together, they unpack the counterintelligence angle of the Mueller probe.Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is [email protected] production by Sara Burningham.This episode is brought to you by the following advertisers: Simplisafe, start protecting your home today at simplisafe.com/AMICUS.The Great Courses Plus, for 50% off your first three months, go to thegreatcoursesplus.com/AMICUS. Hosted on Acast. See acast.com/privacy for more information.

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 think by leaving a review on Apple Podcasts or sending an email to [email protected]. Follow us on Instagram for updates on the show.Podcast production by Mary Wilson and Jayson De Leon. Subscribe to What Next on Apple Podcasts, or wherever you listen. Hosted on Acast. See acast.com/privacy for more information.

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 the Chief Justice. Hosted on Acast. See acast.com/privacy for more information.