An Elegy for the Voting Rights Act

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 today’s episode, we hear from Rachel Meeropol of the Center for Constitutional Rights, who represented the former detainees.  We also consider Lee v. Tam, another big case argued at the high court on Wednesday. It centers on a trademark claim by the Asian-American dance-rock band The Slants. That claim was denied on the grounds that the name was disparaging towards “persons of Asian descent.” Simon Tam joins us to tell the story of his band’s name, and to make the case that the government isn’t equipped to be deciding who is and isn’t using language disparagingly.    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 here. Amicus is brought to you by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. And by Blue Apron. Blue Apron’s meal kits are delivered right to your door, and make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

21 Tammi 201752min

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 reportedly been narrowed to eight. On this episode, we sit down with William Jay, a former clerk to Justice Antonin Scalia, to discuss Scalia’s possible successors. We also speak with Jack Robinson, a lawyer for the special-needs student at the center of Endrew F. v Douglas City School District. The case is scheduled for argument at the Supreme Court next week, and Robinson explains why special-education advocates are watching the case so closely. 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 here. Amicus is brought to you by Casper, an online retailer of premium mattresses for a fraction of the price. Get $50 toward any mattress purchase by going to Casper.com/amicus and using the promo code Amicus. And by the Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

7 Tammi 201748min

“[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 of the U.S. Constitution, make it unambiguously clear to many legal scholars that Donald Trump will be committing an impeachable offense by not relinquishing an ownership stake in his multiple companies before Jan 20.  Zephyr Teachout is among those scholars, and joins us to explain why corruption in the presidency was such anathema to the nation’s founders. In the remainder of today’s episode, we share a few highlights from a recent symposium about the current state of free speech on campus. The event was organized by the Thomas Jefferson Center for the Protection of Free Expression. You can watch videos of the entire two-day event 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 here. Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by Casper, an online retailer of premium mattresses for a fraction of the price. Get 50 dollars toward any mattress purchase by going to Casper.com/amicus and using the promo code Amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

24 Joulu 20161h

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 also consider the revolt that’s underway in the Electoral College. A small group of electors calling themselves the Hamilton Electors are seeking to be unbound from state requirements that they vote as their state voted. Legal scholar Carolyn Shapiro explains why she believes the Hamilton Electors should be taken seriously. 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 here. Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, the staff takes the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

10 Joulu 201639min

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 with Neal Katyal, former Acting Solicitor General of the United States, about the 1944 Supreme Court decision that upheld the internment of Japanese-Americans. In 2011, Katyal issued an official apology for the role of one of his predecessors in that case. Korematsu v United Stateshas been in the news again recently, after one Trump surrogate cited it as a “precedent” for a possible Trump Administration program that would require the registration of immigrants from a handful of predominantly Muslim countries. 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 here. Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

30 Marras 201636min

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 observes that Trump has expressed contempt for nearly every article in the Bill of Rights, and deserves to be taken at his word. 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 here. Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

12 Marras 201625min

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 Donald Trump’s recent warnings about vote-rigging. She explains why long-term neglect of our voting infrastructure is a much bigger threat than either vote tampering or self-styled poll watchers. 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 here. Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by Blue Apron. For less than $10 per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

29 Loka 201643min

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 closer look at Peña Rodriguez v. Colorado, an important case about jury bias that was argued at the Supreme Court this week. Jeffrey Fisher, who represented the petitioner, joins us to explain why blatantly racist comments uttered by a juror in a criminal trial should invalidate that trial’s verdict.  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 here.  Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus.  And by Blue Apron. For less than 10 dollars per meal, Blue Apron delivers meal kits right to your door to make cooking at home easy. Get your first THREE meals FREE by going to BlueApron.com/amicus. Subscribe to our podcast here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us at Facebook here.  Podcast production by Tony Field. Panoply Survey We want you to tell us about the podcasts you enjoy, and how often you listen to them. So we created a survey that takes just a couple of minutes to complete. If you fill it out, you'll help Panoply to make great podcasts about the things you love. And things you didn’t even know you loved.  To fill out the survey, just go to www.megaphone.fm/survey. Learn more about your ad choices. Visit megaphone.fm/adchoices

14 Loka 201646min