The Call Is Coming From Inside The Court

In the first in a new series, The Law According to Trump,  Amicus begins an extensive exploration of Donald Trump's tumultuous relationship with the courts and legal system, focusing on Trump's use of lawyers and lawsuits to enhance his brand, wealth, and power. In the past few months, attention has rightly been on several blockbuster federal cases involving former President Trump, all the way up to and including his immunity case at the Supreme Court, but Trump’s history with the law goes back much further and is much broader than the election subversion cases.  While Dahlia Lithwick takes a well-deserved break, Amicus is very lucky to have award-winning investigative journalist Andrea Bernstein in the host chair. Andrea has covered five trials against Trump or his company for NPR, is the author of American Oligarchs: the Kushners, the Trumps, and the Marriage of Money and Power, and she has also hosted three podcasts that touch on Trump and the law, including, most recently “We Don’t Talk About Leonard.” This episode delves into Trump's history of litigation with a close eye on how he has used nuisance lawsuits. Slate’s jurisprudence editor Jeremy Stahl joins Andrea to outline the many people and organizations the former President has sued since leaving office. Then, former US Attorney Jim Zirin, author of Plaintiff in Chief: A Portrait of Donald Trump in 3500 Lawsuits, fills us in on the history of Trump’s love of litigation. Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

3 Elo 202438min

It’s not just us feeling exhausted right? It’s been a totally wild past few weeks. That’s why we are taking off the next few weeks to bring you a special series we’re calling “The Law According to Trump.” Andrea Bernstein, the host of WNYC’s Trump Inc., will be stepping into the host chair for Dahlia Lithwick in the month of August to explain how the former president uses the law to his advantage, and how he has gamed the judicial system to his advantage for decades before he entered political life. Andrea joins Dahlia to preview the series. Later in the show, Dahlia talks with Judge David S. Tatel. Tatel served on the United States Court of Appeals for the District of Columbia Circuit, and became prominent for both his jurisprudence and his blindness. His new memoir, Vision, was published last month and every young lawyer should read it. On this week’s show Judge Tatel discusses the book, which details his experience on the federal appeals court and his blindness. They also talk about his concerns for the current Supreme Court and its recent approach to the law.  Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

27 Heinä 20241h 7min

So President Biden finally signaled an openness to maybe possibly thinking about Supreme Court reform. Too little, too late, perhaps - but also, desperately needed, certainly. The US Supreme Court views itself as separate and apart from all other courts - including international counterparts. What could Americans learn from other courts? One of the world’s most respected jurists, retired Canadian Supreme Court Justice Rosalie Silberman Abella, joins Dahlia Lithwick on this week’s Amicus for a very special conversation about the role of constitutional courts in democracy, and where SCOTUS may be veering off track.  Without Precedent: The Supreme Life of Rosie Abella Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

20 Heinä 20241h 6min

The judge overseeing the stolen classified documents case at former President Trump’s Mar-A-Lago Club has dismissed the case, ruling that Jack Smith’s appointment as special counsel was unconstitutional. This decision will likely be appealed. It’s a big swing, on a Trump trial question that’s very possibly heading on a fast track up to the United States Supreme Court. That sinking feeling is becoming pretty familiar, huh? In a special episode of Amicus for our Slate Plus subscribers, Dahlia Lithwick speaks to Matthew Seligman who had argued for the constitutionality of the special counsel last month in Judge Cannon’s courtroom in Florida.  This episode is member-exclusive. Listen to the full version now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

15 Heinä 202412min

Administrative law may not sound sexy. And maybe that’s because it truly isn’t sexy. But it is at the very center of the biggest decisions this past Supreme Court term, and also widely misunderstood. In this week’s show, we asked Georgetown Law School’s Professor Lisa Heinzerling to come back to help hack through the thorny thicket of administrative law so we can more fully understand the ramifications of a clutch of cases handed down this term that – taken together – rearrange the whole project of modern government. The Supreme Court’s biggest power grab for a generation isn’t just about bestowing new and huge powers upon itself, it’s also about shifting power from agencies established in the public interest to corporations, industry and billionaires.  This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

13 Heinä 202451min

What just happened??? Despite going into June clear-eyed and well informed about the Supreme Court’s conservative supermajority, the number of huge cases before it, and the alarming stakes in so many of those cases…we are, nonetheless, shocked. The October 2023 term came to a shuddering end on Monday July 1st and Dahlia Lithwick, Mark Joseph Stern, Steve Vladeck and Mary Anne Franks are here to help parse some monumental decisions, some smaller cases with big ramifications, and what we can understand about the Justices who made those decisions for the rest of us, and the Justices who dissented.  This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) Learn more about your ad choices. Visit megaphone.fm/adchoices

6 Heinä 20241h 1min

The Supreme Court’s conservative majority rounded out the term by gifting massive unprecedented power to commit criminal wrongdoing to presidents. A court that already put a thumb on the scale for former President Donald J Trump by slow talking and slow walking the immunity case in exactly the way he hoped, has now thrown out the scale in favor of a brand new sweeping, monarchic immunity ruling in favor of the former president and any future insurrection-prone presidents. Trump v United States provides that US Presidents may enjoy wide-ranging immunity from criminal prosecution because coups are constitutional as long as you make them official. This episode delves into the decision’s implications for democracy, and for presidential power, while also providing historical context. We also look ahead to the legal battles looming in the various Trump trials at all their various stages. What does this do to the Georgia indictments? The classified documents case? And the felony counts for which Trump will be sentenced next week? Host Dahlia Lithwick is joined by Slate’s Mark Joseph Stern, senior writer on the courts and the law, and Professor Corey Brettshnieder, who teaches constitutional law and political theory at Brown University and is the author of the new book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It.  This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) This episode is member-exclusive. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock exclusive SCOTUS analysis and weekly extended episodes of Amicus, but you’ll also access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Heinä 202410min

While most everyone was reacting to Thursday’s Presidential debate, we had our eyes trained on the Supreme Court. It was again (surprise!) bad. SCOTUS determined that sleeping outside was illegal in Grants Pass v Johnson. They limited the scope by which insurrectionists could be charged for their actions on January 6, 2021 in Fischer v United States. The unelected robed leaders then laid a finishing blow in Loper Bright Enterprises v Raimondo, overturning the decades-long guidance of the longstanding Chevron doctrine and upending the ways in which government agencies can regulate the things they regulate like; clean air, water, firearms your retirement account and oh, medical care.   This term has signaled something especially troubling. While you can certainly be concerned about Trump or Biden being president once again, you should be more worried about how the justices at the Supreme Court have basically made themselves the end-all-be-all of every legislative matter, regardless who wins presidential contests. It should also come as no surprise who will benefit from these decisions (rich people with yachts).  Host Dahlia Lithwick speaks with Slate’s Mark Joseph Stern and Professor Pam Karlan, co-director of Stanford law school’s Supreme Court Litigation Clinic to go over Friday’s rulings and to break down what it means that federal agencies will no longer be able to, you know, do anything reasonable. Listen to an interview with a doctor helping unhoused people in Grants Pass, OR. This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. We kicked things off this year by explaining How Originalism Ate the Law. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!) Want more Amicus? Subscribe to Slate Plus to immediately unlock exclusive SCOTUS analysis and weekly extended episodes. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. Subscribe today on Apple Podcasts by clicking “Try Free” at the top of our show page. Or, visit slate.com/amicusplus to get access wherever you listen. Learn more about your ad choices. Visit megaphone.fm/adchoices

29 Kesä 202453min