Throwing Away the Key

On January 6, 2021, supporters of Donald J Trump stormed the U.S. Capitol building hoping to stop Joe Biden from becoming president. Three years later, a quarter of Americans believe the FBI instigated the events of that day.   This week on Amicus, we’re trying to understand the myth-making that helped foment the riot, and the religious fervor that binds and buoys Trump’s supporters today. Dahlia Lithwick is joined by Jeff Sharlet, author of “The Undertow: Scenes From a Slow Civil War” to explore the stories and symbols that are shaping Trump’s march toward fascism, and to figure out what place the rule of law has in this struggle.  In this week’s Amicus Plus segment, Slate’s dynamic legal duo of Mark Joseph Stern and Jeremy Stahl break down the latest in Trump’s cascading court cases, and the Texas abortion case that’s on a fast track to the Supreme Court.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

6 Tammi 202458min

From the Chief Justice seeing the funny side of stalking and harassment, to Justice Samuel Alito’s tiny violin, to fighting in the footnotes and a bench dissent snapback, to THAT painting, it’s been quite a year at One, First Street. Dahlia Lithwick and Mark Stern are back with their bottom 10 picks for the Supreme Court’s worst moments of 2023. But don’t despair, there is a glimmer of hope, one part of the SCOTUS beat sucked less this past year… Stay tuned to hear Dahlia and Mark reveal what facet of the Supreme Court multiverse actually improved in 2023.  Sign up for Slate Plus to support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

30 Joulu 202356min

This week, the Colorado Supreme Court determined in a pivotal decision that Donald J Trump should not appear on the ballot in the state's Republican primary. Meanwhile the high court is already involved in the possible briefing of another Trump case (about presidential immunity) and has agreed to docket another involving the obstruction of the vote certification on Jan 6 2021. And we haven’t even mentioned the Georgia case. Basically, Trump is going to have a very lawyer-y 2024. So where do all these cases sit right now? Slate’s Jeremy Stahl joins Amicus host Dahlia Lithwick to give us an update. In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern joins the show to talk about Rudy Giuliani’s defamation lawsuit and the $150 million he owes election workers. Mark and Dahlia also discuss the latest in ProPublica’s continued deep dive into the finances of Clarence Thomas.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

23 Joulu 202345min

Earlier this week, the Texas Supreme Court said Kate Cox couldn’t have an abortion.Cox’s doctors had diagnosed the fetus with Trisomy 18, an almost certainly fatal genetic condition. On top of that, there were concerns about whether or not Cox would be able to have children again in the future if she continued with this pregnancy. None of this was enough for nine judges in Texas to allow Cox to have an abortion. Cox’s story isn’t unique. Amanda Zurawski almost died after a Texas court said she couldn’t have an abortion. Today, she’s the lead plaintiff in Zurawski v. State of Texas. She joins Amicus this week to show the real, human effects of the U.S. Supreme Court’s decision to overturn Roe v. Wade. Zurawski is joined by one of the lawyers representing her in the case, Jamie Levitt. In this week’s Amicus Plus segment, Slate’s Mark Joseph Stern talks about another made-up case that this time, won’t make it to SCOTUS.  Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

16 Joulu 20231h

When Moore v United States landed on the Supreme Court docket, it threatened to take a big swing at any future wealth tax and maybe cut the legs out from under the government’s ability to collect a lot of other tax. But as arguments unfolded Tuesday at One, First Street, it became clear that some of the Justices had studied up on the tax code and were cooling on blowing a big hole in it.  To understand why Moore made it all the way up to SCOTUS in the first place, and why the facts don’t match claims from the plaintiffs, Dahlia Lithwick is joined by law professor and author of Big Dirty Money, Professor Jennifer Taub. Together they talk about the billions behind the case, the tax law, and the arguments inside the chamber.  Next, Dahlia is joined by Slate’s Mark Stern, who covered Moore for the magazine, to discuss Justice Alito's non-recusal from the case, his BFF David Rivkin Jr., and why the plaintiffs Mr and Mrs Moore bear a striking resemblance to some other, recent, fabled SCOTUS plaintiffs.  In this week’s Amicus Plus segment, Mark Stern hangs on to talk about the Title VII case this week that didn’t go *that badly*, and why that’s still not good, and to explain why Justice Elena Kagan has had it up to here with false first principles.  Sign up for Slate Plus now to listen and support our show.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

9 Joulu 202348min

Former Supreme Court Justice Sandra Day O’Connor died Friday at the age of 93. Amicus host Dahlia Lithwick is joined by former O’Connor clerk and renowned First Amendment scholar RonNell Andersen Jones to talk about the Justice’s trailblazing career, her judicial philosophy, and the combination of humility and strength that marked her time on the court, and away from it.  Later in the show, Dahlia celebrates the joyous return of Mark Joseph Stern to share some big announcements AND to discuss SEC v Jarkesy. As Mark explains, the conservative justices seemed ready, willing, and able to take another swing at the administrative state (AKA functioning government). Mark Stern stays with us for this week’s Amicus Plus segment, taking us through some good ol’ vote suppressing stuff from MAGA-stacked lower courts choosing to ignore last term’s big voting rights decision in Allen v Milligan. Remember that time Chief Justice John Roberts and Brett Kavanagh saved voting rights? Turns out these lower courts are saying - not so much.   Sign up for Slate Plus now to listen and support our show.  Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. Learn more about your ad choices. Visit megaphone.fm/adchoices

2 Joulu 20231h 2min

While Amicus takes a break to digest turkey and count our blessings, we're sharing this episode of The Political Scene from our friends at The New Yorker. In recent weeks, Americans have begun to get a clearer picture of what a second Donald Trump Administration could look like. Some clues have come from organizations like the Heritage Foundation, which has laid out policy proposals for the Trump campaign. Others have come from the former President himself. Trump has said he would appoint a prosecutor to “go after” Joe Biden and his family; on Veterans Day, this past weekend, he pledged to root out opponents and critics who he said “live like vermin within the confines of our country.” “Trump wants to get rid of all of these guardrails that protect the government from becoming a spoil system,” the staff writer Jane Mayer says, including by firing members of the federal civil service. Ultimately, how different would a second Presidency be from the last time that Trump was in the White House? “There are two words that I would say really underscore the difference this time, and why Trump in 2024 is arguably a much bigger threat in many ways than he was even eight years ago,” the New Yorker staff writer Susan B. Glasser says. “The two words are ‘retribution’ and ‘termination.’ ” The staff writer Evan Osnos joins Mayer and Glasser to weigh in. Learn more about your ad choices. Visit megaphone.fm/adchoices

25 Marras 202335min

Donald J Trump is signaling a split with the conservative legal movement’s kingmakers, The Federalist Society. Instead, the presumptive Republican Presidential nominee is planning a radical (and radically lawless) remaking of American government in his image.  On this week’s show, Dahlia Lithwick is joined by Amanda Hollis Brusky, professor of politics at Pomona College and author of  Ideas with Consequences: The Federalist Society & the Conservative Counterrevolution, and coauthor of Separate But Faithful: The Christian Right’s Radical Struggle to Transform Law and Legal Culture. Together, they explore what the split between the right’s legal project of 40 years and the man who hopes to be the next Republican President means for the law, the rule of law, and the U.S. Supreme Court.  In this week’s Amicus Plus segment, Dahlia is joined by Jay Willis of Balls and Strikes to discuss the Supreme Court’s new ethics code. Spoiler: It’s not really new. As Jay says, think of it more like frat house rules published for the benefit of naive parents.  Sign up for Slate Plus now to listen and support our show.  Dahlia’s book  Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout. https://books.supportingcast.fm/lady-justice Learn more about your ad choices. Visit megaphone.fm/adchoices

18 Marras 202346min