The DOJ's Prosecutorial Malpractice Keeps Spilling Out in Court

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, former federal judge Nancy Gertner argues that prosecutors interpreted an anti-corruption law too broadly. (Gertner co-authored an amicus brief in support of McDonnell – you can read it here.) You can listen to past episodes of Amicus 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 today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream The Modern Political Tradition: Hobbes to Habermas—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

30 Huhti 201632min

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! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with thousands of lectures on dozens of topics. For a limited time, Amicus listeners can stream The Modern Political Tradition: Hobbes to Habermas—and hundreds of other courses—for free. Just visit TheGreatCoursesPlus.com/amicus. And by “Confirmation,” the new HBO film that details the explosive 1991 Supreme Court nomination hearings of Clarence Thomas. Confirmation premieres at 8 p.m. tonight, April 16th, on HBO.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

16 Huhti 201635min

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 explain why the GOP’s intransigence is so threatening to the core institutions of federal government. You can listen to past episodes of Amicus 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 today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Amicus is sponsored by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access to the entire Great Courses Plus library—for one whole month for free—by visiting TheGreatCoursesPlus.com/amicus.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

2 Huhti 201637min

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 Dellinger, who supports the government's position. You can listen to past episodes of Amicus 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 today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology. Amicus is sponsored by Amazon. Detective Harry Bosch is back on the new season of Amazon’s Original Series Bosch, based on the best selling novels by Michael Connelly. Stream the new season now on Amazon Prime Video. And by The Great Courses Plus, a new video service with more than 5,000 lectures on subjects from science to cooking to history. Right now, you can have unlimited access to the entire Great Courses Plus library—for one whole month for free—by visiting TheGreatCoursesPlus.com/amicus.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

26 Maalis 201646min

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 returns within a 100-day period. And get 50 dollars toward any mattress purchase by visiting Casper.com/amicus and using the promo code AMICUS. And by Amazon. Detective Harry Bosch is back on the new season of Amazon’s Original Series Bosch, based on the best selling novels by Michael Connelly. Stream the new season on March 11th on Amazon Prime Video. 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.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

6 Maalis 201648min

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 signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here.  Please let us know what you think of Amicus. Our email is amicus@slate.com.  Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

20 Helmi 201651min

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 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. Please let us know what you think of Amicus. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

15 Helmi 201629min

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 podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Podcast production by Tony Field. Learn more about your ad choices. Visit megaphone.fm/adchoices

6 Helmi 201628min