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

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 fe...

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 th...

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 do...

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,...

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 i...

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 po...

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!...

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, for...

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!...

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 expl...

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 Delling...

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 retu...

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 signi...

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 o...

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 podca...

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 .

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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 o...

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 Fiel...

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...

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....

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...

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 amic...

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...

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 memb...

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....