The Neglected Constitutional History That Disqualifies Trump

The Neglected Constitutional History That Disqualifies Trump

There haven’t been that many insurrections in the United States, which means the case law ahead of next week’s arguments in Trump v. Anderson (the 14th Amendment, Section 3 disqualification case) is pretty thin. And so we, and presumably the justices, must rely on text and history to understand the intent of the drafters of the Reconstruction Amendments. Civil war and reconstruction historian Professor Manisha Sinha, signatory of one amicus brief and cited in another, explains that the history is crystal clear. Trump must be disqualified from the ballot. After weeks of discussing concerns about the strategic, political implications of this case, this week Dahlia Lithwick tackles the text and the history head-on, in a case that’s almost a natural experiment in applying originalism on its own terms. See also: Amicus Brief signed by 25 civil war and reconstruction historians (including Professor Sinha) Abraham Lincoln’s Lyceum Address Sean Wilentz: The Case for Disqualification, New York Review of Books Jamelle Bouie: If It Walks Like an Insurrection and Talks Like an Insurrection... NY Times In this week’s Amicus Plus segment, Slate’s judicial diviner Mark Joseph Stern joins to talk about a Pennsylvania Supreme Court ruling on abortion that really took both text and history and human rights seriously. Also, an 8th circuit decision that could put a stake in the heart of what remains of the voting rights act. Sign up for Slate Plus now to listen and support our show. Learn more about your ad choices. Visit megaphone.fm/adchoices

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The Press, The President, and Enemy Construction

The Press, The President, and Enemy Construction

This week Dahlia Lithwick looks at freedom of the press through the lens of legal scholarship. Lithwick is joined by Professor Lisa Sun of Brigham Young University’s J. Reuben Clark Law School and RonNell Andersen Jones, the Lee E. Teitelbaum Chair & Professor of Law, S.J. Quinney College of Law, University of Utah Law School. Their article “Enemy Construction and the Press” was published in the Arizona State Law Journal last year. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

29 Sep 201855min

Introducing Slate Day

Introducing Slate Day

Join Dahlia Lithwick for a conversation on the Supreme Court with Angela Onwuachi-Willig, dean and professor of law at Boston University; Cristina Rodríguez, a professor of law at Yale University; Stephen Vladeck, professor of law at the University of Texas, and Adam White, director of the Center for the Study of Administration at George Mason University. Get your tickets here.  Learn more about your ad choices. Visit megaphone.fm/adchoices

24 Sep 20181min

SPECIAL: Surviving a School Shooting, From a Teacher's Point of View

SPECIAL: Surviving a School Shooting, From a Teacher's Point of View

In an intimate conversation, three educators who survived school shootings talk to Slate’s Dahlia Lithwick about the trauma of going back to the classroom.  For a transcript, visit Slate.com/TeacherPodcast Learn more about your ad choices. Visit megaphone.fm/adchoices

20 Sep 201830min

Roe v Kavanaugh

Roe v Kavanaugh

Dahlia Lithwick is joined by Professor Melissa Murray of NYU Law School, who gave blistering testimony at the Kavanaugh confirmation hearings last week. They talk Roe v Wade, when precedent counts and when it doesn’t, and what the likely confirmation of Kavanaugh to the Supreme Courts means for reproductive rights writ large. Plus, Dahlia Lithwick shares highlights from an on-stage conversation between her and Justice Elena Kagan this past week, where they covered division in the court and in the country, how Chief Justice Roberts steers the court through choppy waters, and civility. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

15 Sep 201858min

Back to School Protest Special

Back to School Protest Special

Student activism is back in America’s schools. Young people mobilizing around gun safety and social justice issues are heading back to school. We talk to Mary Beth Tinker, who took her fight for the right to protest at school all the way to the Supreme Court back in 1969. And we hear from noted First Amendment scholar Geoffrey R. Stone of the University of Chicago Law School, who tells us what rights students have to raise their voices—or wear t-shirt slogans—in schools today. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Sep 201859min

Barbie, Bratz, and Who Owns Your Dreams?

Barbie, Bratz, and Who Owns Your Dreams?

You Don’t Own Meis Orly Lobel’s fascinating examination of a landmark legal battle between plastic dolls. The Mattel v MGA, Barbie v Bratz case exposed questions about gender, culture and rights in the workplace. This episode of Amicus takes you inside a case involving corporate espionage, intellectual property, and icons of American girlhood. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

18 Aug 201841min

A Taftian Antidote to Trumpian Excesses

A Taftian Antidote to Trumpian Excesses

Amicus’ summer of exploring great legal writing continues this week with Jeff Rosen, whose biography of William Howard Taft reveals a president who was scrupulous in observing constitutional boundaries, and much happier on the bench than in the White House. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

4 Aug 201839min

The Scalia Factor

The Scalia Factor

In the first of a series of deep dives into great legal reads this summer, Dahlia Lithwick talks with Rick Hasen, author of “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption” about civil discourse, rock star justices, and what Justice Scalia would have thought of President Trump. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices

21 Juli 201851min

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