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

Exclusive to Slate Plus members, Dahlia Lithwick’s January interview with Ruth Bader Ginsburg about the women of Harvard Law School’s class of 1959.

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Urgent times call for urgent conversations as Professor Michele Goodwin and Rebecca Traister join Dahlia Lithwick for an emergency Amicus to discuss

what’s new and what’s very old about SB 8, the law that allowed Texas to functionally overturn Roe v Wade. They also unpack what it really means when five justices on the Supreme Court hold up their hands as if to say “nothing we can do.”

Podcast production by Sara Burningham.

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In this week’s big voting rights case, Alexander v. South Carolina State Conference of the NAACP, the Supreme Court heard arguments concerning whether to uphold a South Carolina congressional map that is avowedly partisan (everyone agrees it favors Republicans, but partisan gerrymanders are A-OK under SCOTUS precedent). What is disputed here is whether the mapmakers relied on race to reach their partisan aims. A three-judge panel in South Carolina found it to be a racial gerrymander, and threw out the map. In arguments on Wednesday, it became clear that the high court’s conservatives would rather toss out the evidence the lower court used to reach its decision, an unusual move for the highest court in the land, but perhaps the bed it’s made for itself after ruling partisan gerrymanders non justiciable in Rucho v. Common Cause in 2019. And so SCOTUS cos-played as a trial court for two hours on Wednesday.

On this week’s Amicus, Dahlia Lithwick is joined by Leah Aden, senior counsel at the NAACP Legal Defense Fund who argued the case on behalf of the South Carolina Conference of the NAACP, and Taiwan Scott - a South Carolina voter and individual plaintiff in the case, who says the electoral power of his Gullah Geechee community is suppressed by the gerrymander.

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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.

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Dahlia Lithwick is joined by Michigan Secretary of State Jocelyn Benson to talk about lessons learned from this election cycle, and what it’s like to be in the eye of the “unleash the kraken” storm.

Next, Dahlia talks with Professor Steve Vladeck of the University of Texas School of Law about Bill Barr’s departure from the Justice Department, and they try to shed some light on the latest signals emerging from the Supreme Court’s shadow docket.

In our Slate Plus segment, Mark Joseph Stern joins Dahlia for all the Supreme Court news we couldn’t cram into the main show, including analysis of the Covid closure cases and Mitch McConnell’s unprecedented lame-duck judicial appointment spree.

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Podcast production by Sara Burningham.

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Dahlia Lithwick is joined by Preet Bharara, former U.S. Attorney for the Southern District of New York, host of Stay Tuned with Preet, and author of Doing Justice. Bharara gives an insider’s view of Rudy Giuliani’s current plight, they also discuss this week’s ruling from a federal judge rebuking former attorney general Bill Barr.

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Podcast production by Sara Burningham.

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