Amicus With Dahlia Lithwick | Law, justice, and the courts

Donald Trump brags about his boundless freedom while the same Supreme Court that handed him that power has curtailed everyone else's. Confidence in the court has cratered to historic lows, and waiting for a justice to retire is not actually a plan. Could a “shadow court”––a body set up to critique and even to rival SCOTUS—rescue democracy?In her new book, The Shadow Court: Rescuing Democracy from the Supreme Court, Fordham law professor Julie Suk argues that the court isn't just making some bad decisions—it's working exactly as designed. Drawing on constitutional courts in democracies around the world that rebuilt the rule of law after falling to fascism and authoritarianism, Suk outlines a bold institutional answer: a shadow court that would issue advisory opinions on the same issues the Supreme Court decides, giving lawmakers and the public a concrete alternative to judicial supremacy.Dahlia and Julie also discuss how America’s legal and constitutional systems continue to fail women (also by design), from the stalled Equal Rights Amendment to Justice Alito's claim that women's reliance on Roe was merely "abstract"—and why the path to real change might run through state ratifying conventions, rather than state and federal institutions that have failed to reform themselves.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering longingly through the steamed-up windows of the Amicus Plus smokeless cigar bar—your finger hovering over that “subscribe to Slate Plus” button—now is the time to join. For a limited time (like, until Oct. 16), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive!

This week, the Supreme Court blessed the torture of a condemned woman, and the court is set to kick off the new term by doing fossil fuel's bidding. So here at Amicus, we’re not really in the mood for a razzle-dazzle “curtain raiser.” Instead, we’re taking a clear-eyed look at the ways the Roberts court is pulling the constitutional rug out from under the American people. First, Dahlia is joined by Corinna Barrett Lain, author of Secrets of the Killing State: The Untold Story of Lethal Injection, to discuss the botched execution of Christa Pike. After the Supreme Court overturned a last-minute stay without explanation, Tennessee attempted to execute Pike by lethal injection—twice. She survived and was taken to hospital where doctors tried to save her life. She was unconscious and on a ventilator at the time of writing. Professor Lain explains how lethal injection's medicalized facade hides state violence, why the court keeps green-lighting botched protocols, and what Pike's case reveals about a system that executes the broken and the poor while sparing those who can afford good lawyers.Then, Dahlia speaks with Sen. Sheldon Whitehouse of Rhode Island about the Supreme Court's new term and its fossil-fuel patrons. They discuss the Suncor v. Boulder climate case, the flotilla of billionaire-funded front groups filing amicus briefs to signal the court's captured justices. Should we be optimistic that Alito has recused himself from the case that opens the term? Sen. Whitehouse says it is unlikely that decision reflects any sort of come-to-Jesus moment. It suggests instead that, if the Democrats take power in the midterms, the Supreme Court’s internal practices must be investigated. Although his peers are longing to return to regular, orderly government, the senator says “there has to be a reset.” Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. If you’ve been peering through the steamed up windows of the Amicus Plus smokeless cigar bar longingly, hovering over that “subscribe to Slate Plus” button. Now is the time to join. For a limited time (like, until October 16th), you can join Slate Plus for 50 percent off and get bonus episodes of Amicus, like this one. You’ll also enjoy ad-free listening across all your favorite Slate podcasts and unlimited reading on Slate.com. Visit slate.com/amicusplus and use the promo code AMICUS50 to receive the discount AND get access wherever you listen. Support what we do and help us absolutely crush it during Slate’s 30th anniversary pledge drive!

President Trump announced on Truth Social that he was banning CNN, Politico, and MSNow from the White House because he didn't like their coverage. Within days, a federal judge ordered the outlets be reinstated—but the White House dragged its feet. Hours later, reporters were still locked out and a state dinner with President Xi of China went ahead without them. Jameel Jaffer of the Knight First Amendment Institute joins Dahlia Lithwick to explain the First Amendment and due-process arguments at the heart of the case, why the administration's national security justification fell apart in court, and what it means when a president seems indifferent to judicial orders. Together, they trace the broader pattern of press intimidation, including this administration's recent bans on the Associated Press and on Pentagon reporters. And, they discuss something new: news organizations standing together in solidarity for the first time, and why Jaffer thinks we're already living in an authoritarian moment—whether we've noticed or not.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

You’ve seen the headlines about the lists, the claims, the THREE times this same executive order about voting by mail has gone to the Supreme Court. But is Trump’s interference with  mail-in voting settled—at least with respect to the midterms? Our go-to election law expert, Richard Hasen of UCLA School of Law, joins Dahlia to unpack what just happened and how this postal chaos alters voters’ sense of election security. We’re calling this discussion “information” and not “catastrophizing.” Hasen has this advice for listeners: get out there and vote in-person. Next, Sam Sankar of the environmental-law organization Earthjustice explains why SCOTUS’ longstanding skepticism towards the environment does not make him as pessimistic as one might expect. He also takes us behind the scenes in two environmental cases that will kick off the Supreme Court term in a few weeks, including an appeal over whether the Air Force may continue to blow stuff up over an historic beach in Guam.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

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 the bully-in-chief’s second administration that turned out to constitute five flabby bullet points on an unsigned piece of paper. Chief Justice John Roberts is pretending the president is a generic Republican. Dahlia Lithwick talks to Jacob Weisberg about his new book, Profiles in Cowardice, which examines the flawed individuals leading institutions that were meant to hold the line in Trump's second term but instead gave up almost instantly. They unpack the law firm Paul, Weiss' capitulation in an "agreement" with Trump that protects nobody, Chief Justice John Roberts' fatal bet that the Supreme Court can preserve its prestige while the Justice Department defies federal judges, and Senate enthusiast Mitch McConnell's self-defeating legacy of remaking a judiciary that empowered a president to sideline the Senate entirely. Dahlia and Jacob also examine the first signs of a countervailing force, from Harvard's refusal to make a deal to the question of what Joint Chiefs chairman Dan Caine will do if tested around the midterms.Jacob Weisberg's book is Profiles in Cowardice: A Study of Collaboration in the Trump Era, published by Penguin Press.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

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 conservative majority's procedural toolkit—standing, ripeness, the Purcell principle, and inscrutable rulings on the shadow docket —and how these doctrinal headfakes are being used to ensure Trump always wins in court, even when he loses. They dig into the White House ballroom case and Trump’s attempt to disrupt mail-in voting and the midterms, they explore what's different from Trump's first term, and ask which of the justices are worried about the court's legitimacy.Plus, we remember Gloria Steinem, who died at 92 this week. From co-founding Ms. magazine to her lifelong allyship with the civil rights movement, Steinem's legacy of building coalitions, lifting up others, and never letting anyone steal her joy carries urgent lessons for a moment in which so much of what she fought for is being erased. Dahlia talks with legal scholar and Ms. Studios executive producer Professor Michele Goodwin.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

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-hosts Dahlia Lithwick and Mark Joseph Stern—to discuss Neil Gorsuch’s key rulings to date, his unpredictability, and how this textualist will shape this court (and our country) for decades to come.In this week’s bonus episode: Susan, Dahlia, and Mark recently reconvened to record an update to this conversation, complete with analysis of how Gorsuch figured into the blockbuster, end-of-term decisions handed down in June. Want to listen to that update? If you’re not a Pluskateer yet, join Slate Plus to unlock this conversation—and other weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

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 Court appeared to be headed for a 5-4 liberal majority. Instead, a staggering blockade by Senate Republicans and a shocking electoral upset helped steal a seat and clear the way for today’s conservative supermajority. In Episode 2, we examine Neil Gorsuch’s politically fraught path to power and his time on the bench so far, including the unpredictability that has made him the high court’s wild card. A housekeeping note: This season was produced before the end of the most recent Supreme Court term. Next week, host Susan Matthews joins Amicus co-hosts Dahlia Lithwick and Mark Joseph Stern to discuss the blockbuster decisions handed down in June—and Gorsuch’s role in them.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.

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 analysis. They’ve reexamined Supreme Court history several times in recent years, including a new season about Neil Gorsuch we’re featuring on Amicus for the next three weeks.Becoming Justice Gorsuch explores the early years of Donald Trump’s first high-court appointee and his precedent-shattering path to power. It’s a must-listen if you want to understand this 6-3 Roberts court, how it came to be, and where it’s headed. In Episode 1, you’ll hear how Gorsuch’s worldview was shaped by his iconoclastic mother, his reaction to life on a liberal college campus, and young conservative movements of the 1980s. You’ll also hear a familiar voice, with Slow Burn host Susan Matthews interviewing Amicus co-host Mark Joseph Stern.Want more Amicus? Join Slate Plus to unlock weekly bonus episodes with exclusive legal analysis. Plus, you’ll access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen.