A Lawyer’s Guide to Not Caving to the President

On the great legal history episode of Amicus, host Dahlia Lithwick is joined first by David Gans, director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center. While GOP Senators used the Ketanji Brown Jackson hearings to take potshots at important ideas like unenumerated rights and substantive due process to score points with their base, the talking points became entrenched in political discourse. Does it matter? Of course it does. Later in the show, Dahlia is joined by Rund Abdelfatah co-host and producer of NPR’s podcast Throughline. The podcast explores the history behind current events. Dahlia and Rund talk about Throughline’s episode Pirates of the Senate to take a closer look at the history behind the filibuster, and explore why so many of our ideas about the filibuster are just plain wrong.  In our Slate Plus segment, Dahlia is joined by Mark Joseph Stern on the Judge Ketanji Brown Jackson confirmation, a case creating a new constitutional bar against malicious prosecution, and more shadow docket shenanigans.  Podcast production by Sara Burningham and Cheyna Roth. Learn more about your ad choices. Visit megaphone.fm/adchoices

9 Huhti 20221h 18min

It was a week: Judge Ketanji Brown Jackson’s confirmation hearings, Justice Clarence Thomas in the hospital, Ginni Thomas’ tweets in the hands of the Jan. 6 committee, and an out-of-the-blue redistricting decision on the shadow docket.  First, Dahlia Lithwick is joined by Angela Onwuachi-Willig, dean of Boston University Law School, to discuss why the Senate Judiciary Committee is a terrible venue for a job interview and the ways in which Judge Jackson rose above it.   Next, Dahlia talks to Nate Persily of Stanford Law School about how the hearing interacts with the bigger picture of disinformation ecosystems, Ginni Thomas’ texts, and fills us in on the Wisconsin redistricting case. Finally, they discuss Prof. Persily’s almost 40-year friendship with Ketanji Brown Jackson.  In our Slate Plus segment, Dahlia and Mark Joseph Stern dig into judicial ethics and what shocked them this week.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

26 Maalis 20221h 5min

In a Slate Plus-exclusive episode, Dahlia Lithwick and Mark Joseph Stern look ahead to next week’s hearings and lend their expert opinions on what’s likely to come up, what really matters, and who’s got the whole thing upside down.   Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

19 Maalis 20225min

Dahlia Lithwick is joined by Professor Anita Hill to discuss confirmation hearings past and future, the unfinished work of equality, and whether the current Supreme Court can be part of that work.  In our Slate Plus segment, Slate’s senior jurisprudence editor Nicole Lewis and senior writer Mark Joseph Stern discuss the worrying news buried in a shadow docket “win” for redistricting, a unanimous decision Monday, and the judges who seem intent on threatening national security by meddling with the military.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

12 Maalis 202259min

Election denialism and disinformation threaten the integrity of U.S. elections, but what can we do about this growing crisis? In this week’s Amicus, Dahlia Lithwick talks to election-law professor Rick Hasen about his new book Cheap Speech: How Disinformation Poisons Our Politics–and How to Cure It. Slate Plus members have access to an extended version of this interview.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

5 Maalis 202230min

As President Joe Biden announces his pick to replace Justice Stephen Breyer on the Supreme Court, Dahlia Lithwick is joined by Olivia Warren, a former clerk of nominee Judge Ketanji Brown Jackson, and Slate’s own Mark Joseph Stern to discuss Judge Jackson’s character, her qualifications, and the qualities she’ll bring to the highest court in the land if confirmed.  In our Slate Plus segment, members will hear more from Mark and Dahlia on the other big news of the week: the Supreme Court’s decision to take up a First Amendment case next term that could have sweeping implications for LGBTQ people—and for a lot of other folks besides. They also dig into Florida’s deeply disturbing “don’t say gay” legislation and Texas’ new vigilante directive targeting trans youth and their loved ones.  Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

26 Helmi 202255min

Dahlia Lithwick interviews Rep. Adam Schiff about his work on the Jan. 6 select committee and his fears for our democracy. Next, Dahlia is joined by pre-eminent election-law scholar Professor Franita Tolson, who clears up any confusion about what happened in the shadow-docket order concerning Merrill v Milligan, which appears to have kicked away the remaining protections of the Voting Rights Act’s Section II.  Slate Plus members will have access to Dahlia’s conversation with Mark Joseph Stern about shadow-docket shenanigans and Mark’s new beat: Madison Cawthorne, “everybody’s favorite insurrectionist-adjacent representative.” Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

12 Helmi 20221h 8min

As Justice Stephen Breyer announces his intention to step down from the Supreme Court, Dahlia Lithwick is joined by Judge Nancy Gertner to discuss why now, what now, and who now. Judge Gertner is a former federal judge, member of the White House’s Supreme Court Reform Commission, Harvard Law professor … and she’s known Justice Breyer for decades. They discuss what’s changed on the court and wax nostalgic about Justice Breyer and Justice Scalia’s Muppet stadium tour.  In our Slate Plus segment, Dahlia Lithwick is joined by Slate’s own Mark Joseph Stern to dig into some of the nastier commentary around possible nominees for Justice Breyer’s seat, and to figure out what the rest of the term might look like in light of this week’s news.  Sign up for Slate Plus now to listen and support our show. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

29 Tammi 202258min