Long Live The King?

President Donald J Trump’s administration has been invoking a conservative legal theory as justification for his claim to possess king-like presidential powers. This new supercharged version of the “unitary executive theory” may just be extreme enough to stick in the craw of some conservative judges, but will it find a warm welcome when it inevitably lands at the Supreme Court, and should we brace for the overturning of 90 years of precedent in the form of Humphrey’s Executor? Dahlia Lithwick’s guest this week is Deepak Gupta, former senior counsel at the Consumer Financial Protection Bureau and founding principal of Gupta Wessler LLP, who is now fighting for his former colleagues' jobs in court. Gupta is also representing Gwynne A Wilcox, the Chair of the National Labor Relations Board who was fired via late night email in a case that is likely headed to SCOTUS.

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Episoder(484)

Capitulation Nation

Capitulation Nation

Capitulation under Trump 2.0 has been devastating to the rule of law. To review a couple of lowlights: One of the nation’s leading lawyers, Brad Karp, cut a deal with Donald Trump in the first days of...

12 Sep 54min

SCOTUS Rewrites the Rules for One Special Boy

SCOTUS Rewrites the Rules for One Special Boy

It’s past time to say it. This Supreme Court is helping President Donald J. Trump evade accountability. Erwin Chemerinsky, dean of the Berkeley School of Law, joins Dahlia Lithwick to break down the c...

5 Sep 1h 9min

Becoming Justice Gorsuch | 3. A Lunch Room for Life

Becoming Justice Gorsuch | 3. A Lunch Room for Life

With Amicus on a brief summer break, we’re bringing you the final installment of Slow Burn’s latest season, Becoming Justice Gorsuch. Host Susan Matthews enlists Slate’s jurisprudence team—Amicus co-h...

29 Aug 56min

Becoming Justice Gorsuch | 2. The Stolen Seat

Becoming Justice Gorsuch | 2. The Stolen Seat

With Amicus on a brief summer break, we’re bringing you the second installment of Slow Burn’s latest season, Becoming Justice Gorsuch.When Justice Antonin Scalia died in February of 2016, the Supreme ...

22 Aug 47min

Becoming Justice Gorsuch | 1. Man With a Plan

Becoming Justice Gorsuch | 1. Man With a Plan

Our friends over at the Slate podcast Slow Burn are good at taking events that we think are settled history, then unlocking a new understanding of those stories through interviews, archives, and fresh...

15 Aug 39min

By the People | Now It’s Your Turn

By the People | Now It’s Your Turn

In the final episode—for now—of our series on reclaiming constitutional power for every American, Dahlia Lithwick and Mark Joseph Stern urge you to consider the many ways you can make constitutional m...

8 Aug 54min

By The People | Two Steps Forward, One Step Back

By The People | Two Steps Forward, One Step Back

Long before the Supreme Court handed down the landmark Obergefell ruling on equal marriage in 2015, activists were canvassing door-to-door, courting any lawmaker who would listen, and losing at the lo...

1 Aug 45min

By the People | For the Children

By the People | For the Children

In 1867, an 8-year-old girl named Elizabeth Turner became the epicenter of a legal battle that would help define what freedom really meant after the Civil War. Days after Maryland abolished slavery, h...

25 Jul 40min

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