Amicus With Dahlia Lithwick | Law, justice, and the courts - Never Mind

On Monday, the Department of Justice announced an abrupt about-face on voting rights, essentially walking away from a lawsuit against a harsh voter-ID law in Texas. We discuss the reversal and its implications with Janai Nelson of the NAACP Legal Defense and Educational Fund. She was one of the lawyers in the strange position of arguing the case in court this week, the day after the DOJ reversed course.

We also sit down with Jeffrey Fisher, who argued an important immigration-related case at the Supreme Court his week. Esquivel-Quintana v. Sessions asks whether a legal immigrant can be deported for something that counts as a serious crime in some states, but not others. It also previews a question likely to play a big role in Neil Gorsuch’s confirmation hearings: how much deference courts should give federal agencies when interpreting the meaning of laws.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - General Strike

In 2010, a Mexican teenager in Juarez was shot to death by a Border Patrol agent on the U.S. side of the border. In Hernandez v. Mesa, set for argument next week, the Supreme Court will determine whether the boy’s parents can sue the agent in U.S. courts. We are joined by Deepak Gupta, the family’s attorney, to discuss the case and its potential implications on American intelligence activities abroad. 

We also sit down with Virginia Attorney General Mark Herring to discuss this week’s ruling by a federal judge in one of the lawsuits challenging President Trump’s travel ban. Herring explains why Virginia joined the plaintiffs in that suit, and what the role of state attorneys general will be in the next four years of the Trump era.                                                                                           

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Amicus With Dahlia Lithwick | Law, justice, and the courts - “SEE YOU IN COURT”

A little more than a week after President Trump announced his ban on travel from a handful of majority-Muslim nations, the U.S. Court of Appeals for the Ninth Circuit this week refused to lift a temporary restraining order blocking enforcement of the new rule. This week, Dahlia sits down with fellow Slate legal writers Mark Joseph Stern and Jeremy Stahl for a special off-week episode to discuss the ruling and its implications.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - Will You Accept This Robe?

In an elaborately choreographed prime-time ceremony this week, President Trump tapped Judge Neil Gorsuch for the Supreme Court seat that has been vacant for almost a year. We sit down with the Constitutional Accountability Center’s Elizabeth Wydra to examine Judge Gorsuch’s judicial record, whether he really is “Scalia 2.0,” and the difficult choices confronting Senate Democrats in the wake of this nomination. 

We also consider the ramifications of reports that some U.S. Customs and Border Protection agents are defying federal court orders around Trump’s new travel restrictions. Slate staffers Mark Joseph Stern and Leon Neyfakh tell us what they learned from constitutional law scholars about the possibility of a standoff between two branches of the federal government. (Read our Slate piece on the subject here.)

Finally, we zero in on one of the many lawsuits filed this week against Trump’s executive order. Aziz v. Trump centers on a pair of young men who were en route to join their father in Michigan when the order was issued, and wound up being deported to Ethiopia upon their arrival at Dulles International Airport. We’re joined by the Legal Aid Justice Center’s Simon Sandoval-Moshenberg, one of the lawyers representing the plaintiffs in the case.

Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.

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Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - Immunity in High Places

Can a group of wrongfully-detained noncitizens sue high-ranking Bush Administration officials for violating their rights in the days following 9/11? That’s the central question in Ziglar v Abbasi, which was argued this week at the Supreme Court. On today’s episode, we hear from Rachel Meeropol of the Center for Constitutional Rights, who represented the former detainees. 

We also consider Lee v. Tam, another big case argued at the high court on Wednesday. It centers on a trademark claim by the Asian-American dance-rock band The Slants. That claim was denied on the grounds that the name was disparaging towards “persons of Asian descent.” Simon Tam joins us to tell the story of his band’s name, and to make the case that the government isn’t equipped to be deciding who is and isn’t using language disparagingly.   

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Amicus is brought to you by The Great Courses Plus, a video learning service that offers lectures on all kinds of topics. Get the first full month FREE when you sign up by going to TheGreatCoursesPlus.com/amicus.

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Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - And Then There Were Eight

In the lead-up to November’s presidential election, Donald Trump released a list of 21 potential Supreme Court nominees in what many saw as an effort to mollify conservatives who tend to worry about these sorts of things. Now, that list has reportedly been narrowed to eight. On this episode, we sit down with William Jay, a former clerk to Justice Antonin Scalia, to discuss Scalia’s possible successors.

We also speak with Jack Robinson, a lawyer for the special-needs student at the center of Endrew F. v Douglas City School District. The case is scheduled for argument at the Supreme Court next week, and Robinson explains why special-education advocates are watching the case so closely.

Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.

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Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - Corruption in the White House

“[N]o person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.” These words, from Article I of the U.S. Constitution, make it unambiguously clear to many legal scholars that Donald Trump will be committing an impeachable offense by not relinquishing an ownership stake in his multiple companies before Jan 20.  Zephyr Teachout is among those scholars, and joins us to explain why corruption in the presidency was such anathema to the nation’s founders.

In the remainder of today’s episode, we share a few highlights from a recent symposium about the current state of free speech on campus. The event was organized by the Thomas Jefferson Center for the Protection of Free Expression. You can watch videos of the entire two-day event here.

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Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - Where We Draw the Line

On Monday, the Supreme Court heard arguments in McCrory v. Harris and Bethune-Hill v. Virginia Board of Elections, two challenges to Republican gerrymandering efforts that resulted in the creation of majority-minority voting districts. At issue is whether lawmakers in Virginia and North Carolina were motivated primarily by racial considerations or only secondarily so. Marc Elias, the lawyer who represented the challengers in both cases, joins us to explain why the distinction is so critical.

We also consider the revolt that’s underway in the Electoral College. A small group of electors calling themselves the Hamilton Electors are seeking to be unbound from state requirements that they vote as their state voted. Legal scholar Carolyn Shapiro explains why she believes the Hamilton Electors should be taken seriously.

Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.

Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, the staff takes the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them. Please let us know what you think of Amicus.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - The Specter of Korematsu

Just a few weeks into the era of President-elect Donald Trump, and already there is a lot of bruising around the edges of the Constitution. The past few weeks have brought talk of Muslim registries, jail time for flag burners, restrictions on voting and the sweet mystery of the Emoluments Clause. This week, we sit down with U.S. Senator Chris Coons to discuss how much of this talk we should take seriously, and where the true threats to Americans’ constitutional protections lie.

We also speak with Neal Katyal, former Acting Solicitor General of the United States, about the 1944 Supreme Court decision that upheld the internment of Japanese-Americans. In 2011, Katyal issued an official apology for the role of one of his predecessors in that case. Korematsu v United Stateshas been in the news again recently, after one Trump surrogate cited it as a “precedent” for a possible Trump Administration program that would require the registration of immigrants from a handful of predominantly Muslim countries.

Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.

Amicus is brought to you by the Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them.

Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.

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Amicus With Dahlia Lithwick | Law, justice, and the courts - Trump’s Constitution

In the days leading up to Election Day, conservative legal scholar Orin Kerr explained why he would be crossing the aisle to vote for a Democrat. On this episode, he tells us why the prospect of a President Trump frightened him so much, and what we can expect in the way of checks and balances on executive power for the next four years.

We also speak with Garrett Epps, who wrote in The Atlantic this week that Trump is “a figure out of authoritarian politics, not the American tradition.” Epps observes that Trump has expressed contempt for nearly every article in the Bill of Rights, and deserves to be taken at his word.

Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.

Amicus is brought to you by The Great Courses Plus, a video learning service with a large library of lectures all taught by award-winning professors. Get a free month of unlimited access when you sign up at TheGreatCoursesPlus.com/amicus. And by First Republic Bank. At First Republic, they take the time to know your business and customize solutions to help you reach your goals. Visit FirstRepublic.com today to hear what their clients say about them.

Please let us know what you think of Amicus. Our email is amicus@slate.com. Follow us on Facebook here. Podcast production by Tony Field.

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