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

Dahlia Lithwick is joined by Joshua Geltzer, a former senior director for counterterrorism at the National Security Council under President Barack Obama and the founding executive director of the Institute for Constitutional Advocacy and Protection at Georgetown Law. He also wrote this piece in February of 2019.

Podcast production by Sara Burningham.

Learn more about your ad choices. Visit megaphone.fm/adchoices

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.

If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads on any Slate podcast, bonus episodes of shows like Slow Burn and Dear Prudence—and you’ll be supporting the work we do here on Amicus. Sign up now at slate.com/amicusplus to help support our work.

Podcast production by Sara Burningham.

Learn more about your ad choices. Visit megaphone.fm/adchoices

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.

Sign up for Slate Plus now to listen and support our show.

Podcast production by Sara Burningham.

Learn more about your ad choices. Visit megaphone.fm/adchoices

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.

Sign up for Slate Plus now to listen and support our show.

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.

Learn more about your ad choices. Visit megaphone.fm/adchoices

On this week’s Amicus Dahlia Lithwick is first joined by Sherrilyn Ifill, former President and Director-Counsel of the NAACP Legal Defense and Educational Fund, to talk about Tennessee and the mounting evidence of Republican state houses and governors finding novel (but also depressingly old) ways to disenfranchise voters and subvert democracy. Ifill sounded the alarm about all of this in a prescient piece in Slate last month that deserves your attention.

Next, Dahlia is joined by Professor Stephen Vladeck on the opaque, unquestioned and largely unquestionable Supreme Court processes that undergird conservative contempt for the rule of law. Professor Vladeck’s book, The Shadow Docket -

How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic is out in May.

In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern. There was, categorically, Too Much News this week, so Dahlia turned to Mark for an exclusive conversation for our Slate Plus members about all the stuff we couldn’t cram into an already jam-packed main show. They start with what’s really not happening, and that is Supreme Court decisions. It’s April and there has been a mere smattering of decisions from the High Court. Mark and Dahlia try to figure out what the looming logjam might mean. Next, they talk yacht etiquette, gift grift, and Justice Clarence Thomas’ law breaking. And... Hey! Remember Wisconsin? It’s a big deal - Mark and Dahlia delve into why. Finally, the Supreme Court may not be issuing decisions, but it did deny a petition to overturn a stay of West Virginia’s extreme trans athlete ban. Mark has more on that decision and the shortcomings of a new Biden regulation about trans athletes.

Sign up for Slate Plus now to listen and support our show.

Learn more about your ad choices. Visit megaphone.fm/adchoices